Bill Text: NY S00147 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2017-01-04 - REFERRED TO CODES [S00147 Detail]

Download: New_York-2017-S00147-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           147
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sens. SQUADRON, PARKER, PERKINS, RIVERA -- read twice and
          ordered printed, and when printed to be committed 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    § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
    12  adding  six  new  paragraphs  (u), (v), (w), (x), (y) and (z) to read as
    13  follows:
    14    (u) Compile and publish data on misdemeanor offenses  in  all  courts,
    15  disaggregated by county, including the following information:
    16    (i) the aggregate number of misdemeanors charged, by indictment or the
    17  filing of a misdemeanor complaint or information;
    18    (ii) the offense charged;
    19    (iii) the race, ethnicity, age, and sex of the individual charged;
    20    (iv) whether the individual was issued a summons or appearance ticket,
    21  was  subject  to  custodial  arrest, and/or was held to arraignment as a
    22  result of the alleged misdemeanor;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00444-01-7
        S. 147                              2
     1    (v) the zip code or location where the alleged misdemeanor occurred;
     2    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
     3  acquittal, adjournment in contemplation of dismissal, plea,  conviction,
     4  or other disposition;
     5    (vii) in the case of dismissal, the reasons therefor; and
     6    (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and
     7  surcharges.
     8    (v) Compile and publish data on violations in  all  courts,  disaggre-
     9  gated by county, including the following information:
    10    (i)  the  aggregate  number  of violations charged by the filing of an
    11  information;
    12    (ii) the violation charged;
    13    (iii) the race, ethnicity, age, and sex of the individual charged;
    14    (iv) whether the individual was issued a summons or appearance ticket,
    15  was subject to custodial arrest, and/or was held  to  arraignment  as  a
    16  result of the alleged violation;
    17    (v) the zip code or location where the alleged violation occurred;
    18    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
    19  acquittal, conviction, or other disposition;
    20    (vii) in the case of dismissal, the reasons therefor; and
    21    (viii) the sentence  imposed,  if  any,  including  fines,  fees,  and
    22  surcharges.
    23    (w)  The chief administrator shall include the information required by
    24  paragraphs (u) and (v) of this subdivision in the annual report  submit-
    25  ted  to  the  legislature  and the governor pursuant to paragraph (j) of
    26  subdivision one of this section. The chief administrator shall also make
    27  the information required by paragraphs (u) and (v) of  this  subdivision
    28  available  to  the  public by posting it on the website of the office of
    29  court administration and shall update  such  information  on  a  monthly
    30  basis.  The information shall be posted in alphanumeric form that can be
    31  digitally transmitted or processed and not in portable  document  format
    32  or scanned copies of original documents.
    33    (x)  Nothing  in  paragraphs  (u) and (v) of this subdivision shall be
    34  construed as granting authority to the chief administrator,  a  criminal
    35  justice  or  law enforcement agency, a governmental entity, or any agent
    36  or representative of the foregoing, to use, disseminate, or publish  any
    37  individual's  name, date of birth, NYSID, social security number, docket
    38  number, or other unique identifier in violation of the  criminal  proce-
    39  dure law, the general business law, or any other law.
    40    (y)  Nothing  in  paragraphs  (u) and (v) of this subdivision shall be
    41  construed as granting authority to the chief administrator,  a  criminal
    42  justice  or  law  enforcement  agency, a governmental entity, a party, a
    43  judge, a prosecutor, or any  agent or representative of the foregoing to
    44  introduce, use, disseminate, publish or  consider  any  records  in  any
    45  judicial  or administrative proceeding expunged or sealed under applica-
    46  ble provisions of the criminal procedure law, the family court  act,  or
    47  any other law.
    48    (z)  In  executing  the requirements of paragraphs (u) and (v) of this
    49  section, the chief administrator may adopt  rules  consistent  with  the
    50  requirements  of  paragraphs  (x)  and (y) of this subdivision requiring
    51  appropriate law enforcement or criminal  justice  agencies  to  identify
    52  actions  and  proceedings  involving these offenses, and with respect to
    53  such actions and proceedings, to report, in such form and manner as  the
    54  chief  administrator  shall prescribe, the information specified herein.
    55  Further, to facilitate this provision,  the  chief  administrator  shall
    56  adopt  rules to facilitate record sharing, retention and other necessary
        S. 147                              3
     1  communication among the criminal courts and  law  enforcement  agencies,
     2  subject  to  applicable  provisions  of  the criminal procedure law, the
     3  family court act, and any other law pertaining to  the  confidentiality,
     4  expungement and sealing of records.
     5    §  3.  The  executive  law is amended by adding a new section 837-t to
     6  read as follows:
     7    § 837-t. Reporting duties of law enforcement departments with  respect
     8  to  arrest-related deaths. 1. The chief of every police department, each
     9  county sheriff, and the superintendent of state  police  shall  promptly
    10  report  to the division any arrest-related death, disaggregated by coun-
    11  ty. An arrest-related death is a death that occurs during  law  enforce-
    12  ment  custody  or  an  attempt  to  establish custody including, but not
    13  limited to, deaths caused by any use of force. The  data  shall  include
    14  the following information:
    15    (a) the number of arrest-related deaths;
    16    (b) the race, ethnicity, age, and sex of the individual;
    17    (c) the zip code or location where the death occurred; and
    18    (d)  a  brief description of the circumstances surrounding the arrest-
    19  related death.
    20    2. The division shall present to the governor and the  legislature  an
    21  annual  report containing the information required by subdivision one of
    22  this section. The initial report required by this subdivision  shall  be
    23  for  the  period beginning July first, two thousand seventeen and ending
    24  December thirty-first, two thousand seventeen and shall be presented  no
    25  later  than  February  first,  two thousand eighteen.   Thereafter, each
    26  annual report shall be presented no later than February first.
    27    3. The division shall make the information required by subdivision one
    28  of this section available to the public by posting it on the website  of
    29  the  division  and shall update such information on a monthly basis. The
    30  information shall be posted in alphanumeric form that can  be  digitally
    31  transmitted  or processed and not in portable document format or scanned
    32  copies of original documents.
    33    § 4. This act shall take effect immediately; provided that the  amend-
    34  ment  to  subdivision  1 of section 10.40 of the criminal procedure law,
    35  made by section one of this act, shall survive the expiration and rever-
    36  sion of such section as provided in section 11 of  chapter  237  of  the
    37  laws of 2015, as amended.