Bill Text: NY A05472 | 2019-2020 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Engrossed) 2019-06-20 - REFERRED TO RULES [A05472 Detail]

Download: New_York-2019-A05472-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5472--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced  by  M.  of A. LENTOL, MOSLEY, RAYNOR, FRONTUS, PERRY, AUBRY,
          QUART, BARRON, D. ROSENTHAL, DE LA ROSA, EPSTEIN,  HEVESI,  FERNANDEZ,
          PICHARDO  --  read  once  and  referred  to  the Committee on Codes --
          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-1) 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-1) 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07856-04-9

        A. 5472--A                          2
     1    §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
     2  adding six new paragraphs (u-1), (v-1), (w-1), (x-1), (y-1) and (z-1) to
     3  read as follows:
     4    (u-1)  Compile and publish data on misdemeanor offenses in all courts,
     5  disaggregated by county, including the following information:
     6    (i) the aggregate number of misdemeanors charged, by indictment or the
     7  filing of a misdemeanor complaint or information;
     8    (ii) the offense charged;
     9    (iii) the race, ethnicity, age, and sex of the individual charged;
    10    (iv) whether the individual was issued a summons or appearance ticket,
    11  was subject to custodial arrest, and/or was held  to  arraignment  as  a
    12  result of the alleged misdemeanor;
    13    (v) the zip code or location where the alleged misdemeanor occurred;
    14    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
    15  acquittal, adjournment in contemplation of dismissal, plea,  conviction,
    16  or other disposition;
    17    (vii) in the case of dismissal, the reasons therefor; and
    18    (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and
    19  surcharges.
    20    (v-1) Compile and publish data on violations in all courts,  disaggre-
    21  gated by county, including the following information:
    22    (i)  the  aggregate  number  of violations charged by the filing of an
    23  information;
    24    (ii) the violation charged;
    25    (iii) the race, ethnicity, age, and sex of the individual charged;
    26    (iv) whether the individual was issued a summons or appearance ticket,
    27  was subject to custodial arrest, and/or was held  to  arraignment  as  a
    28  result of the alleged violation;
    29    (v) the zip code or location where the alleged violation occurred;
    30    (vi)  the  disposition,  including,  as  the  case  may be, dismissal,
    31  acquittal, conviction, or other disposition;
    32    (vii) in the case of dismissal, the reasons therefor; and
    33    (viii) the sentence  imposed,  if  any,  including  fines,  fees,  and
    34  surcharges.
    35    (w-1)  The  chief administrator shall include the information required
    36  by paragraphs (u-1) and (v-1) of this subdivision in the  annual  report
    37  submitted  to the legislature and the governor pursuant to paragraph (j)
    38  of subdivision one of this section. The chief administrator  shall  also
    39  make  the  information  required  by  paragraphs (u-1) and (v-1) of this
    40  subdivision available to the public by posting it on the website of  the
    41  office  of  court  administration and shall update such information on a
    42  monthly basis. The information shall be posted in alphanumeric form that
    43  can be digitally transmitted or processed and not in  portable  document
    44  format or scanned copies of original documents.
    45    (x-1)  Nothing in paragraphs (u-1) and (v-1) of this subdivision shall
    46  be construed as granting authority to the chief administrator, a  crimi-
    47  nal  justice  or  law  enforcement agency, a governmental entity, or any
    48  agent or representative  of  the  foregoing,  to  use,  disseminate,  or
    49  publish  any  individual's  name,  date of birth, NYSID, social security
    50  number, docket number, or other unique identifier in  violation  of  the
    51  criminal procedure law, the general business law, or any other law.
    52    (y-1)  Nothing in paragraphs (u-1) and (v-1) of this subdivision shall
    53  be construed as granting authority to the chief administrator, a  crimi-
    54  nal justice or law enforcement agency, a governmental entity, a party, a
    55  judge, a prosecutor, or any  agent or representative of the foregoing to
    56  introduce,  use,  disseminate,  publish  or  consider any records in any

        A. 5472--A                          3
     1  judicial or administrative proceeding expunged or sealed under  applica-
     2  ble  provisions  of the criminal procedure law, the family court act, or
     3  any other law.
     4    (z-1)  In  executing the requirements of paragraphs (u-1) and (v-1) of
     5  this section, the chief administrator may adopt  rules  consistent  with
     6  the  requirements  of  paragraphs  (x-1)  and  (y-1) of this subdivision
     7  requiring appropriate law enforcement or criminal  justice  agencies  to
     8  identify  actions  and  proceedings  involving  these offenses, and with
     9  respect to such actions and proceedings, to report,  in  such  form  and
    10  manner as the chief administrator shall prescribe, the information spec-
    11  ified herein.  Further, to facilitate this provision, the chief adminis-
    12  trator  shall  adopt  rules  to facilitate record sharing, retention and
    13  other necessary communication among the criminal courts and law enforce-
    14  ment agencies, subject to applicable provisions of the  criminal  proce-
    15  dure  law,  the  family  court  act, and any other law pertaining to the
    16  confidentiality, expungement and sealing of records.
    17    § 3. The executive law is amended by adding a  new  section  837-u  to
    18  read as follows:
    19    §  837-u. Reporting duties of law enforcement departments with respect
    20  to arrest-related deaths. 1. The chief of every police department,  each
    21  county  sheriff,  and  the superintendent of state police shall promptly
    22  report to the division any arrest-related death, disaggregated by  coun-
    23  ty.  An  arrest-related death is a death that occurs during law enforce-
    24  ment custody or an attempt  to  establish  custody  including,  but  not
    25  limited  to,  deaths  caused by any use of force. The data shall include
    26  the following information:
    27    (a) the number of arrest-related deaths;
    28    (b) the race, ethnicity, age, and sex of the individual;
    29    (c) the zip code or location where the death occurred; and
    30    (d) a brief description of the circumstances surrounding  the  arrest-
    31  related death.
    32    2.  The  division  shall submit to the governor and the legislature an
    33  annual report containing the information required by subdivision one  of
    34  this  section.  The initial report required by this subdivision shall be
    35  for the period beginning July first,  two  thousand  twenty  and  ending
    36  December  thirty-first,  two  thousand  twenty and shall be submitted no
    37  later than February first, two thousand twenty-one.    Thereafter,  each
    38  annual report shall be submitted no later than February first.
    39    3. The division shall make the information required by subdivision one
    40  of  this section available to the public by posting it on the website of
    41  the division. With respect to the information  required  by  subdivision
    42  one  of  this  section,  the division shall update such information on a
    43  monthly basis and such information shall be posted in alphanumeric  form
    44  that can be digitally transmitted or processed and not in portable docu-
    45  ment format or scanned copies of original documents.
    46    § 4. This act shall take effect on the one hundred eightieth day after
    47  it shall have become a law; provided that the amendment to subdivision 1
    48  of  section  10.40 of the criminal procedure law, made by section one of
    49  this act, shall be subject to  the  expiration  and  reversion  of  such
    50  section as provided in section 11 of chapter 237 of the laws of 2015, as
    51  amended, when upon such date the provisions of section one-a of this act
    52  shall take effect.
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