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S01830 Summary:

BILL NOS01830B
 
SAME ASSAME AS A05472-A
 
SPONSORHOYLMAN
 
COSPNSRBAILEY, BENJAMIN, BIAGGI, COMRIE, JACKSON, LIU, MONTGOMERY, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, THOMAS
 
MLTSPNSR
 
Amd 10.40, CP L; amd 212, Judy L; add 837-u, 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--B
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced by Sens. HOYLMAN, BAILEY, BENJAMIN, BIAGGI, JACKSON, MONTGOM-
          ERY, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, 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  --  reported
          favorably  from  said  committee  and  committed  to  the Committee on
          Finance -- 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-1) 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-1) of subdivision two of section  two  hundred
    18  twelve  of the judiciary law. A failure by any party to submit papers in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07856-05-9

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

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