Bill Text: NY A02945 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires the division of criminal justice services and the chief administrator of the courts to track the number of permanent orders of protection issued and violated annually.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A02945 Detail]
Download: New_York-2013-A02945-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2945 2013-2014 Regular Sessions I N A S S E M B L Y January 22, 2013 ___________ Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Judiciary AN ACT to amend the executive law and the judiciary law, in relation to requiring the division of criminal justice services to track the number of permanent orders of protection issued annually THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 837 of the executive law is amended by adding a new 2 subdivision 4-d to read as follows: 3 4-D. IN COOPERATION WITH THE CHIEF ADMINISTRATOR OF THE COURTS AS WELL 4 AS ANY OTHER PUBLIC OR PRIVATE AGENCY, INCLUDING LAW ENFORCEMENT AGEN- 5 CIES, COLLECT AND ANALYZE STATISTICAL AND ALL OTHER INFORMATION AND DATA 6 WITH RESPECT TO THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED, THE 7 NUMBER OF PERMANENT ORDERS OF PROTECTION REPORTED TO OR INVESTIGATED BY 8 THE DIVISION OF STATE POLICE, AND ALL OTHER POLICE OR PEACE OFFICERS AS 9 VIOLATED, THE NUMBER OF PERSONS ARRESTED FOR VIOLATING SUCH ORDERS OF 10 PROTECTION, ANY ADDITIONAL OFFENSES FOR WHICH THE PERSON WAS ARRESTED 11 FOR WHILE VIOLATING SUCH ORDERS OF PROTECTION, THE COUNTY WITHIN WHICH 12 THE ARREST WAS MADE AND THE ACCUSATORY INSTRUMENT FILED, THE DISPOSITION 13 OF THE ACCUSATORY INSTRUMENT FILED, INCLUDING, BUT NOT LIMITED TO, AS 14 THE CASE MAY BE, DISMISSAL, ACQUITTAL, THE OFFENSE TO WHICH THE DEFEND- 15 ANT PLED GUILTY, THE OFFENSE THE DEFENDANT WAS CONVICTED OF AFTER TRIAL, 16 AND THE SENTENCE IMPOSED. THE DIVISION SHALL INCLUDE THE STATISTICS AND 17 OTHER INFORMATION REQUIRED BY THIS SUBDIVISION IN THE ANNUAL REPORT 18 SUBMITTED TO THE GOVERNOR AND LEGISLATURE PURSUANT TO SUBDIVISION TWELVE 19 OF THIS SECTION. 20 S 2. Section 216 of the judiciary law is amended by adding a new 21 subdivision 5 to read as follows: 22 5. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA IN 23 RELATION TO THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED IN ALL 24 COURTS PURSUANT TO SUBDIVISION FOUR-D OF SECTION EIGHT HUNDRED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00537-01-3 A. 2945 2 1 THIRTY-SEVEN OF THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO THE 2 FOLLOWING INFORMATION: 3 (A) THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED; 4 (B) THE NUMBER OF PERMANENT ORDERS OF PROTECTION REPORTED AS VIOLATED; 5 (C) THE NUMBER OF PERSONS ARRESTED FOR VIOLATING SUCH ORDERS OF 6 PROTECTION; 7 (D) ANY ADDITIONAL OFFENSES WHICH SUCH PERSONS WERE ARRESTED FOR WHILE 8 VIOLATING SUCH ORDERS OF PROTECTION; 9 (E) THE COUNTY WITHIN WHICH THE ACCUSATORY INSTRUMENT WAS FILED; 10 (F) THE DISPOSITION; AND 11 (G) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR. 12 IN EXECUTING THIS REQUIREMENT, THE CHIEF ADMINISTRATOR MAY ADOPT RULES 13 REQUIRING APPROPRIATE LAW ENFORCEMENT, DISTRICT ATTORNEYS AND COURTS TO 14 IDENTIFY ACTIONS AND PROCEEDINGS INVOLVING ORDERS OF PROTECTION AND, 15 WITH RESPECT TO SUCH ACTIONS AND PROCEEDINGS, TO REPORT, IN SUCH FORM 16 AND MANNER AS THE CHIEF ADMINISTRATOR SHALL PRESCRIBE, THE INFORMATION 17 SPECIFIED HEREIN. 18 S 3. This act shall take effect on the one hundred twentieth day after 19 it shall have become a law; provided that the chief administrator of the 20 courts is authorized to promulgate any and all rules and regulations and 21 take any other measures necessary to implement this act on its effective 22 date on or before such date.