Bill Text: NY S01830 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 1830 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Passed) 2020-06-15 - signed chap.102 [S01830 Detail]

Download: New_York-2019-S01830-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1830
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced by Sens. HOYLMAN, BAILEY, BENJAMIN, PARKER, SEPULVEDA -- 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    §  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.
                                                                   LBD07856-01-9

        S. 1830                             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.

        S. 1830                             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 present 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  presented  no
    34  later  than  February  first, two thousand twenty-one.  Thereafter, each
    35  annual report shall be presented 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  and shall update such information on a monthly basis. The
    39  information shall be posted in alphanumeric form that can  be  digitally
    40  transmitted  or processed and not in portable document format or scanned
    41  copies of original documents.
    42    § 4. This act shall take effect immediately; provided that the  amend-
    43  ment  to  subdivision  1 of section 10.40 of the criminal procedure law,
    44  made by section one of this act, shall be subject to the expiration  and
    45  reversion  of  such  section as provided in section 11 of chapter 237 of
    46  the laws of 2015, as amended, when upon  such  date  the  provisions  of
    47  section one-a of this act shall take effect.