Bill Text: NY A05472 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the functions of the chief administrator of the courts; relates to reporting requirements.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2019-02-12 - referred to codes [A05472 Detail]

Download: New_York-2019-A05472-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5472
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes
        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.
    21    §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
    22  adding six new paragraphs (u-1), (v-1), (w-1), (x), (y) and (z) to  read
    23  as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07856-03-9

        A. 5472                             2
     1    (u-1)  Compile and publish data on misdemeanor offenses in all courts,
     2  disaggregated by county, including the following information:
     3    (i) the aggregate number of misdemeanors charged, by indictment or the
     4  filing of a misdemeanor complaint or information;
     5    (ii) the offense charged;
     6    (iii) the race, ethnicity, age, and sex of the individual charged;
     7    (iv) whether the individual was issued a summons or appearance ticket,
     8  was  subject  to  custodial  arrest, and/or was held to arraignment as a
     9  result of the alleged misdemeanor;
    10    (v) the zip code or location where the alleged misdemeanor occurred;
    11    (vi) the disposition,  including,  as  the  case  may  be,  dismissal,
    12  acquittal,  adjournment in contemplation of dismissal, plea, conviction,
    13  or other disposition;
    14    (vii) in the case of dismissal, the reasons therefor; and
    15    (viii) the sentence  imposed,  if  any,  including  fines,  fees,  and
    16  surcharges.
    17    (v-1)  Compile and publish data on violations in all courts, disaggre-
    18  gated by county, including the following information:
    19    (i) the aggregate number of violations charged by  the  filing  of  an
    20  information;
    21    (ii) the violation charged;
    22    (iii) the race, ethnicity, age, and sex of the individual charged;
    23    (iv) whether the individual was issued a summons or appearance ticket,
    24  was  subject  to  custodial  arrest, and/or was held to arraignment as a
    25  result of the alleged violation;
    26    (v) the zip code or location where the alleged violation occurred;
    27    (vi) the disposition,  including,  as  the  case  may  be,  dismissal,
    28  acquittal, conviction, or other disposition;
    29    (vii) in the case of dismissal, the reasons therefor; and
    30    (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and
    31  surcharges.
    32    (w-1) The chief administrator shall include the  information  required
    33  by  paragraphs  (u-1) and (v-1) of this subdivision in the annual report
    34  submitted to the legislature and the governor pursuant to paragraph  (j)
    35  of  subdivision  one of this section. The chief administrator shall also
    36  make the information required by paragraphs  (u-1)  and  (v-1)  of  this
    37  subdivision  available to the public by posting it on the website of the
    38  office of court administration and shall update such  information  on  a
    39  monthly basis. The information shall be posted in alphanumeric form that
    40  can  be  digitally transmitted or processed and not in portable document
    41  format or scanned copies of original documents.
    42    (x) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall be
    43  construed as granting authority to the chief administrator,  a  criminal
    44  justice  or  law enforcement agency, a governmental entity, or any agent
    45  or representative of the foregoing, to use, disseminate, or publish  any
    46  individual's  name, date of birth, NYSID, social security number, docket
    47  number, or other unique identifier in violation of the  criminal  proce-
    48  dure law, the general business law, or any other law.
    49    (y) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall be
    50  construed  as  granting authority to the chief administrator, a criminal
    51  justice or law enforcement agency, a governmental  entity,  a  party,  a
    52  judge, a prosecutor, or any  agent or representative of the foregoing to
    53  introduce,  use,  disseminate,  publish  or  consider any records in any
    54  judicial or administrative proceeding expunged or sealed under  applica-
    55  ble  provisions  of the criminal procedure law, the family court act, or
    56  any other law.

        A. 5472                             3
     1    (z) In executing the requirements of paragraphs  (u-1)  and  (v-1)  of
     2  this  section,  the  chief administrator may adopt rules consistent with
     3  the requirements of paragraphs (x) and (y) of this subdivision requiring
     4  appropriate law enforcement or criminal  justice  agencies  to  identify
     5  actions  and  proceedings  involving these offenses, and with respect to
     6  such actions and proceedings, to report, in such form and manner as  the
     7  chief  administrator  shall prescribe, the information specified herein.
     8  Further, to facilitate this provision,  the  chief  administrator  shall
     9  adopt  rules to facilitate record sharing, retention and other necessary
    10  communication among the criminal courts and  law  enforcement  agencies,
    11  subject  to  applicable  provisions  of  the criminal procedure law, the
    12  family court act, and any other law pertaining to  the  confidentiality,
    13  expungement and sealing of records.
    14    §  3.  The  executive  law is amended by adding a new section 837-t to
    15  read as follows:
    16    § 837-t. Reporting duties of law enforcement departments with  respect
    17  to  arrest-related deaths. 1. The chief of every police department, each
    18  county sheriff, and the superintendent of state  police  shall  promptly
    19  report  to the division any arrest-related death, disaggregated by coun-
    20  ty. An arrest-related death is a death that occurs during  law  enforce-
    21  ment  custody  or  an  attempt  to  establish custody including, but not
    22  limited to, deaths caused by any use of force. The  data  shall  include
    23  the following information:
    24    (a) the number of arrest-related deaths;
    25    (b) the race, ethnicity, age, and sex of the individual;
    26    (c) the zip code or location where the death occurred; and
    27    (d)  a  brief description of the circumstances surrounding the arrest-
    28  related death.
    29    2. The division shall submit to the governor and  the  legislature  an
    30  annual  report containing the information required by subdivision one of
    31  this section. The initial report required by this subdivision  shall  be
    32  for  the  period  beginning  July  first, two thousand twenty and ending
    33  December thirty-first, two thousand twenty and  shall  be  submitted  no
    34  later  than  February  first, two thousand twenty-one.  Thereafter, each
    35  annual report shall be submitted no later than February first.
    36    3. The division shall make the information required by subdivision one
    37  of this section available to the public by posting it on the website  of
    38  the  division.  With  respect to the information required by subdivision
    39  one of this section, the division shall update  such  information  on  a
    40  monthly  basis and such information shall be posted in alphanumeric form
    41  that can be digitally transmitted or processed and not in portable docu-
    42  ment format or scanned copies of original documents.
    43    § 4. This act shall take effect immediately; provided that the  amend-
    44  ment  to  subdivision  1 of section 10.40 of the criminal procedure law,
    45  made by section one of this act, shall be subject to the expiration  and
    46  reversion  of  such  section as provided in section 11 of chapter 237 of
    47  the laws of 2015, as amended, when upon  such  date  the  provisions  of
    48  section one-a of this act shall take effect.
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