Bill Text: NY S06210 | 2023-2024 | General Assembly | Amended

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

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Bill Title: Requires more specific data reporting by the chief administrator to include information relating to all courts in the unified court system, including town and village courts.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-03-14 - ADVANCED TO THIRD READING [S06210 Detail]

Download: New_York-2023-S06210-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6210--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      April 3, 2023
                                       ___________

        Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the judiciary law, in relation to requiring data report-
          ing  by  the  chief  administrator  to  delineate specific information
          relating to all courts in the unified court system, including town and
          village courts

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (e) of subdivision 2 of section 212 of the judi-
     2  ciary law, as amended by chapter 323 of the laws of  1987,  the  closing
     3  paragraph  as  amended by chapter 349 of the laws of 1995, is amended to
     4  read as follows:
     5    (e) Prepare forms and compile and publish  data  on  family  offenses,
     6  proceedings  or  actions  in  all courts[,] in the unified court system,
     7  including town and village courts, including  but  not  limited  to  the
     8  following information:
     9    (i) the offense alleged;
    10    (ii)  the  relationship  of  the alleged offender to the petitioner or
    11  complainant;
    12    (iii) the court where the action or proceeding was instituted;
    13    (iv) the disposition; and
    14    (v) in the case of dismissal, the reasons therefor.
    15    In executing this requirement, the chief administrator may adopt rules
    16  requiring appropriate law enforcement or criminal  justice  agencies  to
    17  identify  actions  and  proceedings  involving family offenses and, with
    18  respect to such actions and proceedings, to report,  in  such  form  and
    19  manner as the chief administrator shall prescribe, the information spec-
    20  ified herein.
    21    The  chief administrator of the courts shall adopt rules to facilitate
    22  record sharing and other communication among [the supreme, criminal  and
    23  family]  all  courts  in  the  unified  court system, including town and
    24  village  courts,  subject  to  applicable  provisions  of  the  domestic

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10553-02-3
        S. 6210--A                          2

     1  relations  law, criminal procedure law and the family court act pertain-
     2  ing to the confidentiality, expungement and sealing  of  records,  where
     3  such   courts  exercise  concurrent  jurisdiction  over  family  offense
     4  proceedings or proceedings involving orders of protection.
     5    §  2.  The  opening  paragraphs of (u-1) and (v-1) of subdivision 2 of
     6  section 212 of the judiciary law, as added by chapter 102 of the laws of
     7  2020, are amended to read as follows:
     8    Compile and publish data on misdemeanor offenses in all courts in  the
     9  unified court system including town and village courts, disaggregated by
    10  county, and by individual court, including the following information:
    11    Compile and publish data on violations, to the greatest extent practi-
    12  cable,  in  all  courts  in  the unified court system including town and
    13  village courts,  disaggregated  by  county,  and  by  individual  court,
    14  including the following information:
    15    §  3. Paragraph (w-1) of subdivision 2 of section 212 of the judiciary
    16  law, as added by chapter 102 of the laws of 2020, is amended to read  as
    17  follows:
    18    (w-1)  The  chief administrator shall include the information required
    19  by paragraphs (u-1) [and], (v-1), and (dd) of this  subdivision  in  the
    20  annual  report submitted to the legislature and the governor pursuant to
    21  paragraph (j) of subdivision one of this section. The chief  administra-
    22  tor  shall also make the information required by paragraphs (u-1) [and],
    23  (v-1), and (dd) of this subdivision available to the public  by  posting
    24  it on the website of the office of court administration and shall update
    25  such  information on a monthly basis. The information shall be posted in
    26  alphanumeric form that can be digitally transmitted or processed and not
    27  in portable document format or scanned copies of original documents.
    28    § 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
    29  adding two new paragraphs (dd) and (ee) to read as follows:
    30    (dd)  Prepare  forms and compile and publish data on eviction filings,
    31  proceedings or actions in  all  courts  in  the  unified  court  system,
    32  including town and village courts, disaggregated by county, and by indi-
    33  vidual court, including but not limited to the following information:
    34    (i) the total number of eviction filings in each court by month;
    35    (ii) the number of holdover proceedings versus nonpayment proceedings;
    36    (iii) the court where the action or proceeding was instituted;
    37    (iv) the disposition of the proceeding, including whether a warrant of
    38  eviction was issued or stayed; and
    39    (v) in the case of dismissal, the reasons therefor.
    40    (ee)  In addition to the data reporting required under paragraphs (e),
    41  (u-1), (v-1), (w-1), and (dd) of this subdivision,  wherever  the  chief
    42  administrator  is required to compile, report, and make other court data
    43  publicly available, or wherever the chief administrator opts to  require
    44  such  collection, reporting, and public availability of data, this shall
    45  include data from all courts in the unified court system, including town
    46  and village courts, disaggregated by county and by individual court.
    47    § 5. This act shall take effect on the one hundred eightieth day after
    48  it shall have become a law; provided, however, sections one and  two  of
    49  this  act  shall  take effect one year after it shall have become a law;
    50  and provided, further, the amendments to the opening paragraph of  para-
    51  graph (v-1) of subdivision 2 of section 212 of the judiciary law made by
    52  section  two of this act shall take effect two years after it shall have
    53  become a law.