Bill Text: NY A10609 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the functions of the chief administrator of the courts; relates to reporting requirements.
Spectrum: Partisan Bill (Democrat 60-0)
Status: (Passed) 2020-06-15 - signed chap.102 [A10609 Detail]
Download: New_York-2019-A10609-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10609 IN ASSEMBLY June 5, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lentol, Mosley, Darling, Frontus, Perry, Aubry, Quart, Barron, D. Rosenthal, De La Rosa, Epstein, Hevesi, Fernandez, Pichardo, L. Rosenthal, Blake, Taylor, Reyes, Gottfried, Niou, O'Donnell, Cruz, Simon, Kim, Simotas, Glick, Carroll, Rozic, Wright, Jaffee, Ortiz, Barnwell, Richardson, Magnarelli, Vanel, Otis, Davila) -- read once and referred 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-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. LBD07856-14-0A. 10609 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 prior to arraignment as 12 a result of the alleged misdemeanor; 13 (v) the precinct 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, to the greatest extent 21 practicable, in all courts, disaggregated by county, including the 22 following information: 23 (i) the aggregate number of violations charged by the filing of an 24 information; 25 (ii) the violation charged; 26 (iii) the race, ethnicity, age, and sex of the individual charged; 27 (iv) whether the individual was issued a summons or appearance ticket, 28 was subject to custodial arrest, and/or was held prior to arraignment as 29 a result of the alleged violation; 30 (v) the precinct or location where the alleged violation occurred; 31 (vi) the disposition, including, as the case may be, dismissal, 32 acquittal, conviction, or other disposition; 33 (vii) in the case of dismissal, the reasons therefor; and 34 (viii) the sentence imposed, if any, including fines, fees, and 35 surcharges. 36 (w-1) The chief administrator shall include the information required 37 by paragraphs (u-1) and (v-1) of this subdivision in the annual report 38 submitted to the legislature and the governor pursuant to paragraph (j) 39 of subdivision one of this section. The chief administrator shall also 40 make the information required by paragraphs (u-1) and (v-1) of this 41 subdivision available to the public by posting it on the website of the 42 office of court administration and shall update such information on a 43 monthly basis. The information shall be posted in alphanumeric form that 44 can be digitally transmitted or processed and not in portable document 45 format or scanned copies of original documents. 46 (x-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall 47 be construed as granting authority to the chief administrator, a crimi- 48 nal justice or law enforcement agency, a governmental entity, or any 49 agent or representative of the foregoing, to use, disseminate, or 50 publish any individual's name, date of birth, NYSID, social security 51 number, docket number, or other unique identifier in violation of the 52 criminal procedure law, the general business law, or any other law. 53 (y-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall 54 be construed as granting authority to the chief administrator, a crimi- 55 nal justice or law enforcement agency, a governmental entity, a party, a 56 judge, a prosecutor, or any agent or representative of the foregoing toA. 10609 3 1 introduce, use, disseminate, publish or consider any records in any 2 judicial or administrative proceeding expunged or sealed under applica- 3 ble provisions of the criminal procedure law, the family court act, or 4 any other law. 5 (z-1) In executing the requirements of paragraphs (u-1) and (v-1) of 6 this section, the chief administrator may adopt rules consistent with 7 the requirements of paragraphs (x-1) and (y-1) of this subdivision to 8 secure the information specified herein from the office of the state 9 comptroller in such form and manner as the chief administrator shall 10 prescribe. Further, to facilitate this provision, the chief administra- 11 tor shall adopt rules to facilitate record sharing, retention and other 12 necessary communication among the criminal courts and law enforcement 13 agencies, subject to applicable provisions of the criminal procedure 14 law, the family court act, and any other law pertaining to the confiden- 15 tiality, expungement and sealing of records. 16 § 3. The executive law is amended by adding a new section 837-v to 17 read as follows: 18 § 837-v. Reporting duties of law enforcement departments with respect 19 to arrest-related deaths. 1. The chief of every police department, each 20 county sheriff, and the superintendent of state police shall promptly 21 report to the division any arrest-related death, disaggregated by coun- 22 ty. The data shall include all information the division shall report 23 pursuant to the requirements of subdivision five of this section. 24 2. The initial report required by this subdivision shall be for the 25 period beginning six months after the effective date of this section and 26 shall be submitted on an annual basis thereafter. Each annual report 27 shall be submitted no later than February first. 28 3. The division shall make the information required by subdivision one 29 of this section available to the public by posting it on the website of 30 the division. With respect to the information required by subdivision 31 one of this section, the division shall update such information on a 32 monthly basis and such information shall be posted in alphanumeric form 33 that can be digitally transmitted or processed and not in portable docu- 34 ment format or scanned copies of original documents. 35 4. The division shall promulgate regulations to effectuate the report- 36 ing of data from law enforcement departments sufficient to make the 37 reports required by subdivision five of this section. 38 5. The division shall submit to the governor and the legislature an 39 annual report of arrest-related deaths disaggregated by county. An 40 arrest-related death is a death that occurs while an individual is in 41 law enforcement custody or during an attempt to establish custody 42 including, but not limited to, deaths caused by any use of force. Such 43 report shall include the following information: 44 (a) the number of arrest-related deaths; 45 (b) the race, ethnicity, age, and sex of the individual; 46 (c) the zip code or location where the death occurred; and 47 (d) a brief description of the circumstances surrounding the arrest- 48 related death. 49 § 4. This act shall take effect on the one hundred eightieth day after 50 it shall have become a law; provided that the amendment to subdivision 1 51 of section 10.40 of the criminal procedure law, made by section one of 52 this act, shall be subject to the expiration and reversion of such 53 section as provided in section 11 of chapter 237 of the laws of 2015, as 54 amended, when upon such date the provisions of section one-a of this act 55 shall take effect.