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