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.