Bill Text: NY A10030 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the functions of the chief administrator of the courts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-10 - referred to codes [A10030 Detail]

Download: New_York-2013-A10030-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10030
                                 I N  A S S E M B L Y
                                     June 10, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of 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
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 10.40 of the criminal procedure law,  as  added  by
    2  chapter 47 of the laws of 1984, is amended to read as follows:
    3  S 10.40 Chief administrator to prescribe forms.
    4    The  chief  administrator of the courts shall have the power to adopt,
    5  amend and rescind forms for the efficient  and  just  administration  of
    6  this  chapter.   SUCH FORMS SHALL INCLUDE, WITHOUT LIMITATION, THE FORMS
    7  DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION TWO  OF  SECTION  TWO  HUNDRED
    8  TWELVE  OF THE JUDICIARY LAW. A failure by any party to submit papers in
    9  compliance with forms authorized by this section shall  not  be  grounds
   10  for that reason alone for denial or granting of any motion.
   11    S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
   12  adding five new paragraphs (t),  (u),  (v),  (w)  and  (x)  to  read  as
   13  follows:
   14    (T)  COMPILE  AND  PUBLISH DATA ON MISDEMEANOR OFFENSES IN ALL COURTS,
   15  DISAGGREGATED BY COUNTY, INCLUDING BUT  NOT  LIMITED  TO  THE  FOLLOWING
   16  INFORMATION:
   17    (I) THE NUMBER OF MISDEMEANORS CHARGED, BY INDICTMENT OR THE FILING OF
   18  A MISDEMEANOR COMPLAINT OR INFORMATION;
   19    (II) THE OFFENSE CHARGED;
   20    (III) THE ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
   21    (IV)  WHETHER  THE  INDIVIDUAL WAS ISSUED A SUMMONS OR DESK APPEARANCE
   22  TICKET, WAS SUBJECT TO CUSTODIAL ARREST, AND/OR WAS HELD TO  ARRAIGNMENT
   23  AS A RESULT OF THE ALLEGED MISDEMEANOR;
   24    (V) THE ZIP CODE OR LOCATION WHERE THE ALLEGED MISDEMEANOR OCCURRED;
   25    (VI)  THE  DISPOSITION,  INCLUDING,  AS  THE  CASE  MAY BE, DISMISSAL,
   26  ACQUITTAL, ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, PLEA,  CONVICTION,
   27  OR OTHER DISPOSITION;
   28    (VII) IN THE CASE OF DISMISSAL, THE REASONS THEREFORE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15517-01-4
       A. 10030                            2
    1    (VIII) THE SENTENCE IMPOSED, IF ANY, INCLUDING FINES.
    2    (U)  COMPILE  AND  PUBLISH DATA ON VIOLATIONS IN ALL COURTS, DISAGGRE-
    3  GATED BY COUNTY, INCLUDING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
    4    (I) THE NUMBER OF VIOLATIONS CHARGED BY THE FILING OF AN INFORMATION;
    5    (II) THE VIOLATION CHARGED;
    6    (III) THE ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
    7    (IV) WHETHER THE INDIVIDUAL WAS ISSUED A SUMMONS  OR  DESK  APPEARANCE
    8  TICKET,  WAS SUBJECT TO CUSTODIAL ARREST, AND/OR WAS HELD TO ARRAIGNMENT
    9  AS A RESULT OF THE ALLEGED VIOLATION;
   10    (V) THE ZIP CODE OR LOCATION WHERE THE ALLEGED VIOLATION OCCURRED;
   11    (VI) THE DISPOSITION,  INCLUDING,  AS  THE  CASE  MAY  BE,  DISMISSAL,
   12  ACQUITTAL, CONVICTION, OR OTHER DISPOSITION;
   13    (VII) IN THE CASE OF DISMISSAL, THE REASONS THEREFORE; AND
   14    (VIII) THE SENTENCE IMPOSED, IF ANY, INCLUDING FINES.
   15    (V)  THE  CHIEF  ADMINISTRATOR  SHALL MAKE THE INFORMATION REQUIRED BY
   16  SUBDIVISIONS (T) AND (U) OF THIS SECTION  AVAILABLE  TO  THE  PUBLIC  BY
   17  POSTING  IT  ON  THE  WEBSITE OF THE OFFICE OF COURT ADMINISTRATION. THE
   18  INFORMATION SHALL BE POSTED IN ALPHANUMERIC FORM THAT CAN  BE  DIGITALLY
   19  TRANSMITTED  OR PROCESSED AND NOT IN PORTABLE DOCUMENT FORMAT OR SCANNED
   20  COPIES OF ORIGINAL DOCUMENTS.
   21    (W) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS GRANTING AUTHOR-
   22  ITY TO THE CHIEF ADMINISTRATOR TO USE, DISSEMINATE, OR PUBLISH ANY INDI-
   23  VIDUAL'S NAME, NYSID, SOCIAL SECURITY NUMBER, DOCKET  NUMBER,  OR  OTHER
   24  UNIQUE  IDENTIFIER IN VIOLATION OF SECTION THREE HUNDRED NINETY-NINE-DDD
   25  OF THE GENERAL BUSINESS LAW.
   26    (X) IN EXECUTING THE REQUIREMENTS OF SUBDIVISIONS (T) AND (U) OF  THIS
   27  SECTION,  THE  CHIEF ADMINISTRATOR MAY ADOPT RULES REQUIRING APPROPRIATE
   28  LAW ENFORCEMENT OR CRIMINAL JUSTICE AGENCIES  TO  IDENTIFY  ACTIONS  AND
   29  PROCEEDINGS  INVOLVING  THESE OFFENSES, AND WITH RESPECT TO SUCH ACTIONS
   30  AND PROCEEDINGS, TO REPORT, IN SUCH FORM AND MANNER AS THE CHIEF  ADMIN-
   31  ISTRATOR SHALL PRESCRIBE, THE INFORMATION SPECIFIED HEREIN.  FURTHER, TO
   32  FACILITATE  THIS PROVISION, THE CHIEF ADMINISTRATOR SHALL ADOPT RULES TO
   33  FACILITATE RECORD SHARING, RETENTION AND OTHER  NECESSARY  COMMUNICATION
   34  AMONG  THE  CRIMINAL  COURTS  AND  LAW  ENFORCEMENT AGENCIES, SUBJECT TO
   35  APPLICABLE PROVISIONS OF THE CRIMINAL PROCEDURE LAW AND THE FAMILY COURT
   36  ACT PERTAINING  TO  THE  CONFIDENTIALITY,  EXPUNGEMENT  AND  SEALING  OF
   37  RECORDS.
   38    S 3. This act shall take effect immediately.