Bill Text: NY S06001 | 2015-2016 | General Assembly | Amended

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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 4-0)

Status: (Introduced - Dead) 2016-04-29 - PRINT NUMBER 6001A [S06001 Detail]

Download: New_York-2015-S06001-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6001--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                      June 19, 2015
                                       ___________
        Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11204-08-6
        S. 6001--A                          2
     1    (iv) whether the individual was issued a summons or appearance ticket,
     2  was  subject  to  custodial  arrest, and/or was held to arraignment as a
     3  result of the alleged misdemeanor;
     4    (v) the zip code or location where the alleged misdemeanor occurred;
     5    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
     6  acquittal, adjournment in contemplation of dismissal, plea,  conviction,
     7  or other disposition;
     8    (vii) in the case of dismissal, the reasons therefor; and
     9    (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and
    10  surcharges.
    11    (v) Compile and publish data on violations in  all  courts,  disaggre-
    12  gated by county, including the following information:
    13    (i)  the  aggregate  number  of violations charged by the filing of an
    14  information;
    15    (ii) the violation charged;
    16    (iii) the race, ethnicity, age, and sex of the individual charged;
    17    (iv) whether the individual was issued a summons or appearance ticket,
    18  was subject to custodial arrest, and/or was held  to  arraignment  as  a
    19  result of the alleged violation;
    20    (v) the zip code or location where the alleged violation occurred;
    21    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
    22  acquittal, conviction, or other disposition;
    23    (vii) in the case of dismissal, the reasons therefor; and
    24    (viii) the sentence  imposed,  if  any,  including  fines,  fees,  and
    25  surcharges.
    26    (w)  The chief administrator shall include the information required by
    27  paragraphs (u) and (v) of this subdivision in the annual report  submit-
    28  ted  to  the  legislature  and the governor pursuant to paragraph (j) of
    29  subdivision one of this section. The chief administrator shall also make
    30  the information required by paragraphs (u) and (v) of  this  subdivision
    31  available  to  the  public by posting it on the website of the office of
    32  court administration and shall update  such  information  on  a  monthly
    33  basis.  The information shall be posted in alphanumeric form that can be
    34  digitally transmitted or processed and not in portable  document  format
    35  or scanned copies of original documents.
    36    (x)  Nothing  in  paragraphs  (u) and (v) of this subdivision shall be
    37  construed as granting authority to the chief administrator,  a  criminal
    38  justice  or  law enforcement agency, a governmental entity, or any agent
    39  or representative of the foregoing, to use, disseminate, or publish  any
    40  individual's  name, date of birth, NYSID, social security number, docket
    41  number, or other unique identifier in violation of the  criminal  proce-
    42  dure law, the general business law, or any other law.
    43    (y)  Nothing  in  paragraphs  (u) and (v) of this subdivision shall be
    44  construed as granting authority to the chief administrator,  a  criminal
    45  justice  or  law  enforcement  agency, a governmental entity, a party, a
    46  judge, a prosecutor, or any  agent or representative of the foregoing to
    47  introduce, use, disseminate, publish or  consider  any  records  in  any
    48  judicial  or administrative proceeding expunged or sealed under applica-
    49  ble provisions of the criminal procedure law, the family court  act,  or
    50  any other law.
    51    (z)  In  executing  the requirements of paragraphs (u) and (v) of this
    52  section, the chief administrator may adopt  rules  consistent  with  the
    53  requirements  of  paragraphs  (x)  and (y) of this subdivision requiring
    54  appropriate law enforcement or criminal  justice  agencies  to  identify
    55  actions  and  proceedings  involving these offenses, and with respect to
    56  such actions and proceedings, to report, in such form and manner as  the
        S. 6001--A                          3
     1  chief  administrator  shall prescribe, the information specified herein.
     2  Further, to facilitate this provision,  the  chief  administrator  shall
     3  adopt  rules to facilitate record sharing, retention and other necessary
     4  communication  among  the  criminal courts and law enforcement agencies,
     5  subject to applicable provisions of  the  criminal  procedure  law,  the
     6  family  court  act, and any other law pertaining to the confidentiality,
     7  expungement and sealing of records.
     8    § 3. The executive law is amended by adding a  new  section  837-s  to
     9  read as follows:
    10    §  837-s. Reporting duties of law enforcement departments with respect
    11  to arrest-related deaths. 1. The chief of every police department,  each
    12  county  sheriff,  and  the superintendent of state police shall promptly
    13  report to the division any arrest-related death, disaggregated by  coun-
    14  ty.  An  arrest-related death is a death that occurs during law enforce-
    15  ment custody or an attempt  to  establish  custody  including,  but  not
    16  limited  to,  deaths  caused by any use of force. The data shall include
    17  the following information:
    18    (a) the number of arrest-related deaths;
    19    (b) the race, ethnicity, age, and sex of the individual;
    20    (c) the zip code or location where the death occurred; and
    21    (d) a brief description of the circumstances surrounding  the  arrest-
    22  related death.
    23    2.  The  division shall present to the governor and the legislature an
    24  annual report containing the information required by subdivision one  of
    25  this  section.  The initial report required by this subdivision shall be
    26  for the period beginning July first, two  thousand  sixteen  and  ending
    27  December  thirty-first,  two  thousand sixteen and shall be presented no
    28  later than February first, two thousand  seventeen.    Thereafter,  each
    29  annual report shall be presented no later than February first.
    30    3. The division shall make the information required by subdivision one
    31  of  this section available to the public by posting it on the website of
    32  the division and shall update such information on a monthly  basis.  The
    33  information  shall  be posted in alphanumeric form that can be digitally
    34  transmitted or processed and not in portable document format or  scanned
    35  copies of original documents.
    36    §  4. This act shall take effect immediately; provided that the amend-
    37  ment to subdivision 1 of section 10.40 of the  criminal  procedure  law,
    38  made  by  a  section  one  of this act, shall survive the expiration and
    39  reversion of such section as provided in section 11 of  chapter  237  of
    40  the laws of 2015, as amended.