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S01830 Summary:

BILL NOS01830A
 
SAME ASSAME AS A05472
 
SPONSORHOYLMAN
 
COSPNSRBAILEY, BENJAMIN, JACKSON, MONTGOMERY, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, THOMAS
 
MLTSPNSR
 
Amd 10.40, CP L; amd 212, Judy L; add 837-t, Exec L
 
Relates to the functions of the chief administrator of the courts; relates to reporting requirements.
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S01830 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1830--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced by Sens. HOYLMAN, BAILEY, BENJAMIN, PARKER, SEPULVEDA, THOMAS
          -- read twice and ordered printed, and when printed to be committed to
          the  Committee on Codes -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the criminal procedure law and  the  judiciary  law,  in
          relation to functions of the chief administrator of the courts; and to
          amend the executive law, in relation to reporting requirements
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 10.40 of  the  criminal  procedure
     2  law,  as  amended by chapter 237 of the laws of 2015, is amended to read
     3  as follows:
     4    1. The chief administrator of the  courts  shall  have  the  power  to
     5  adopt, amend and rescind forms for the efficient and just administration
     6  of  this  chapter.    Such  forms shall include, without limitation, the
     7  forms described in paragraph (z)  of  subdivision  two  of  section  two
     8  hundred  twelve  of  the judiciary law. A failure by any party to submit
     9  papers in compliance with forms authorized by this section shall not  be
    10  grounds for that reason alone for denial or granting of any motion.
    11    §  1-a. Section 10.40 of the criminal procedure law, as added by chap-
    12  ter 47 of the laws of 1984, is amended to read as follows:
    13  § 10.40 Chief administrator to prescribe forms.
    14    The chief administrator of the courts shall have the power  to  adopt,
    15  amend  and  rescind  forms  for the efficient and just administration of
    16  this chapter.  Such forms shall include, without limitation,  the  forms
    17  described  in  paragraph  (z)  of subdivision two of section two hundred
    18  twelve of the judiciary law. A failure by any party to submit papers  in
    19  compliance  with  forms  authorized by this section shall not be grounds
    20  for that reason alone for denial or granting of any motion.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07856-02-9

        S. 1830--A                          2
 
     1    § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
     2  adding  six new paragraphs (u-1), (v-1), (w-1), (x), (y) and (z) to read
     3  as follows:
     4    (u-1)  Compile and publish data on misdemeanor offenses in all courts,
     5  disaggregated by county, including the following information:
     6    (i) the aggregate number of misdemeanors charged, by indictment or the
     7  filing of a misdemeanor complaint or information;
     8    (ii) the offense charged;
     9    (iii) the race, ethnicity, age, and sex of the individual charged;
    10    (iv) whether the individual was issued a summons or appearance ticket,
    11  was subject to custodial arrest, and/or was held  to  arraignment  as  a
    12  result of the alleged misdemeanor;
    13    (v) the zip code or location where the alleged misdemeanor occurred;
    14    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
    15  acquittal, adjournment in contemplation of dismissal, plea,  conviction,
    16  or other disposition;
    17    (vii) in the case of dismissal, the reasons therefor; and
    18    (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and
    19  surcharges.
    20    (v-1) Compile and publish data on violations in all courts,  disaggre-
    21  gated by county, including the following information:
    22    (i)  the  aggregate  number  of violations charged by the filing of an
    23  information;
    24    (ii) the violation charged;
    25    (iii) the race, ethnicity, age, and sex of the individual charged;
    26    (iv) whether the individual was issued a summons or appearance ticket,
    27  was subject to custodial arrest, and/or was held  to  arraignment  as  a
    28  result of the alleged violation;
    29    (v) the zip code or location where the alleged violation occurred;
    30    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
    31  acquittal, conviction, or other disposition;
    32    (vii) in the case of dismissal, the reasons therefor; and
    33    (viii) the sentence  imposed,  if  any,  including  fines,  fees,  and
    34  surcharges.
    35    (w-1)  The  chief administrator shall include the information required
    36  by paragraphs (u-1) and (v-1) of this subdivision in the  annual  report
    37  submitted  to the legislature and the governor pursuant to paragraph (j)
    38  of subdivision one of this section. The chief administrator  shall  also
    39  make  the  information  required  by  paragraphs (u-1) and (v-1) of this
    40  subdivision available to the public by posting it on the website of  the
    41  office  of  court  administration and shall update such information on a
    42  monthly basis. The information shall be posted in alphanumeric form that
    43  can be digitally transmitted or processed and not in  portable  document
    44  format or scanned copies of original documents.
    45    (x) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall be
    46  construed  as  granting authority to the chief administrator, a criminal
    47  justice or law enforcement agency, a governmental entity, or  any  agent
    48  or  representative of the foregoing, to use, disseminate, or publish any
    49  individual's name, date of birth, NYSID, social security number,  docket
    50  number,  or  other unique identifier in violation of the criminal proce-
    51  dure law, the general business law, or any other law.
    52    (y) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall be
    53  construed as granting authority to the chief administrator,  a  criminal
    54  justice  or  law  enforcement  agency, a governmental entity, a party, a
    55  judge, a prosecutor, or any  agent or representative of the foregoing to
    56  introduce, use, disseminate, publish or  consider  any  records  in  any

        S. 1830--A                          3
 
     1  judicial  or administrative proceeding expunged or sealed under applica-
     2  ble provisions of the criminal procedure law, the family court  act,  or
     3  any other law.
     4    (z)  In  executing  the  requirements of paragraphs (u-1) and (v-1) of
     5  this section, the chief administrator may adopt  rules  consistent  with
     6  the requirements of paragraphs (x) and (y) of this subdivision requiring
     7  appropriate  law  enforcement  or  criminal justice agencies to identify
     8  actions and proceedings involving these offenses, and  with  respect  to
     9  such  actions and proceedings, to report, in such form and manner as the
    10  chief administrator shall prescribe, the information  specified  herein.
    11  Further,  to  facilitate  this  provision, the chief administrator shall
    12  adopt rules to facilitate record sharing, retention and other  necessary
    13  communication  among  the  criminal courts and law enforcement agencies,
    14  subject to applicable provisions of  the  criminal  procedure  law,  the
    15  family  court  act, and any other law pertaining to the confidentiality,
    16  expungement and sealing of records.
    17    § 3. The executive law is amended by adding a  new  section  837-t  to
    18  read as follows:
    19    §  837-t. Reporting duties of law enforcement departments with respect
    20  to arrest-related deaths. 1. The chief of every police department,  each
    21  county  sheriff,  and  the superintendent of state police shall promptly
    22  report to the division any arrest-related death, disaggregated by  coun-
    23  ty.  An  arrest-related death is a death that occurs during law enforce-
    24  ment custody or an attempt  to  establish  custody  including,  but  not
    25  limited  to,  deaths  caused by any use of force. The data shall include
    26  the following information:
    27    (a) the number of arrest-related deaths;
    28    (b) the race, ethnicity, age, and sex of the individual;
    29    (c) the zip code or location where the death occurred; and
    30    (d) a brief description of the circumstances surrounding  the  arrest-
    31  related death.
    32    2.  The  division  shall submit to the governor and the legislature an
    33  annual report containing the information required by subdivision one  of
    34  this  section.  The initial report required by this subdivision shall be
    35  for the period beginning July first,  two  thousand  twenty  and  ending
    36  December  thirty-first,  two  thousand  twenty and shall be submitted no
    37  later than February first, two thousand twenty-one.    Thereafter,  each
    38  annual report shall be submitted no later than February first.
    39    3. The division shall make the information required by subdivision one
    40  of  this section available to the public by posting it on the website of
    41  the division. With respect to the information  required  by  subdivision
    42  one  of  this  section,  the division shall update such information on a
    43  monthly basis and such information shall be posted in alphanumeric  form
    44  that can be digitally transmitted or processed and not in portable docu-
    45  ment format or scanned copies of original documents.
    46    §  4. This act shall take effect immediately; provided that the amend-
    47  ment to subdivision 1 of section 10.40 of the  criminal  procedure  law,
    48  made  by section one of this act, shall be subject to the expiration and
    49  reversion of such section as provided in section 11 of  chapter  237  of
    50  the  laws  of  2015,  as  amended, when upon such date the provisions of
    51  section one-a of this act shall take effect.
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