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A07737 Summary:

BILL NOA07737A
 
SAME ASSAME AS S06210-B
 
SPONSORLavine
 
COSPNSR
 
MLTSPNSR
 
Amd 212, Judy L
 
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.
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A07737 Actions:

BILL NOA07737A
 
06/06/2023referred to judiciary
01/03/2024referred to judiciary
03/08/2024amend (t) and recommit to judiciary
03/08/2024print number 7737a
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A07737 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7737A
 
SPONSOR: Lavine
  TITLE OF BILL: An act to amend the judiciary law, in relation to requiring data report- ing by the chief administrator to delineate specific information relat- ing to all courts in the unified court system, including town and village courts   PURPOSE OF BILL: To provide for the compilation and reporting of case data from town and village courts by the chief administrator of the courts in the same form and to the same extent as that required of state courts in the unified court system, specifically with regard to family offenses, misdemeanor offenses, violations, and eviction proceedings.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends paragraph e of subdivision 2 of section 212 of the judiciary law to specifically include town and village courts among those courts for which the chief administrator is required to compile and report data on family offenses, proceedings, or actions. Section 2 amends paragraphs u-1 and v-1 of subdivision 2 of section 212 of the judiciary law to specifically include town and village courts among those courts for which the chief administrator is required to compile and report data on misdemeanor offenses and violations. Section 3 amends paragraph w-1 of subdivision 2 of section 212 of the judiciary law to require the chief administrator to include information collected from town and village courts pursuant to this act in the annu- al report submitted to the legislature and governor, and to make such information available to the public by posting it on the website of the office of court administration, updated on a monthly basis. Section 4 amends subdivision 2 by adding new paragraphs ff and gg. Paragraph ff requires the chief administrator to prepare forms and compile and publish data on eviction filings, proceedings or actions in all courts in the unified court system, including town and village courts, disaggregated by county and by individual court. Paragraph gg provides that wherever the chief administrator is required to compile, report, and make court data publicly available, or wherever the chief administrator opts to require such collection, reporting, and public availability of data, this shall include data from town and village courts. This includes the reporting required by judiciary law section 216 subsection 5 regarding pretrial release and detention. Section 5 sets the effective date.   JUSTIFICATION: New York's town and village courts, also known as "justice courts," may be the only court a New York resident ever finds themselves in as a defendant or petitioner, whether to contest a moving or parking violation, a local code violation, a misdemeanor charge, or an eviction, or to request an order of protection. An arraignment in town or village court, and the setting of bail or release on conditions, may be the first step of a felony prosecution before transfer to a higher court. Family offenses and related requests for orders of protection may also first be addressed in a village or town court. The NYS Unified Court System 2022 Annual Report, refers to town and village courts as the "courts closest to the people."1 As of 2022, there were 1,189 town and village courts in the 57 counties outside New York City. According to the NYS Commission on Judicial Conduct, "Collectively, the town and village courts throughout New York State hear approximately two million cases a year, such as speeding tickets and driving while intoxi- cated, small claims, landlord-tenant proceedings and misdemeanors. Town and village court justices may also preside at the arraignment of defendants charged with most felonies, set bail and issue or deny orders of protection."2 According to the Fund for Modern Courts,"Every year, New York's Town and Village Courts preside over a large number of summary (i.e., eviction) proceedings, each of which can result in significant disruptions to families and the loss of a necessity of life: one's home." 3 Despite their key role in our justice system, and the part they play in many New Yorkers' lives, data regarding the operation of these courts and the processing of cases within them is hard to come by. This was brought home during the Covid-19 pandemic, when legislators struggled to find useful data on eviction proceedings in village and town courts to guide them in decision-making. In large part in response to legislation directing the chief administra- tor to collect and publish data on certain categories of cases, includ- ing arraignments, family offenses, misdemeanors, and violations, the court's Division of Technology & Court Research (DoTCR) has created publicly accessible data dashboards. DoTCR has also created a statewide landlord tenant eviction dashboard. However, the data made available regarding town and village court case filings and case outcomes remains insufficient. For instance, warrants of eviction issued are available only for city and district courts statewide; town and village data are not available. Moreover, the collection and reporting of such eviction case data from town and village courts is not required by statute. Likewise provisions in judi- ciary law requiring compilation and reporting of case data on family offenses, misdemeanors, and violations does not explicitly reference town and village courts. And despite the mandate in judiciary law section 216, subsection 5, to include town and village court data, pretrial release data is not readily available for town and village courts on the Office of Court Administration's pretrial release data dashboard. This bill would remedy that gap, by mandating compilation and reporting of evictions and other court data from all courts, expressly including town and village courts, and by requiring that all such data be made publicly available. Wherever the chief administrator is required to compile, report, and make court data publicly available, or wherever the chief administrator opts to require such compilation, reporting, and public availability of data, this shall include data from all courts in the unified court system, including town and village courts, disaggregated by county, and by individual court.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, sections one and two of this act shall take effect one year after it shall have become a law; and provided, further, the amendments to the opening paragraph of paragraph (v-1) of subdivision 2 of section 212 of the judiciary law made by section two of this act shall take effect two years after it shall have become a law. 1 NYS Unified Court System, 2022 Annual Report, at 43, available at https://www.nycourts.gov/legacyPDFS/22 UCS-Annual Report.pdf 2 New York State Commission on Judicial Conduct, Assistance for Town and Village Justices, available at https://cjc.ny.gov/Policy.Statements/town & village courts.html 3 Fund for Modern Courts, Summary Proceedings in New York's Town and Village Courts: Ideas for Improvement, at 1, available at http://moderncourts.org/wp-content/uploads/2013/10/Summary-Proceedings- in-New-York-Town-and-Village-Justice-Courts-Ideas-for-Improvement.pdf
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A07737 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7737--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2023
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on  Judiciary  -- recommitted to the Committee on Judiciary in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10553-04-4

        A. 7737--A                          2
 
     1  village  courts,  subject  to  applicable  provisions  of  the  domestic
     2  relations law, criminal procedure law and the family court act  pertain-
     3  ing  to  the  confidentiality, expungement and sealing of records, where
     4  such   courts  exercise  concurrent  jurisdiction  over  family  offense
     5  proceedings or proceedings involving orders of protection.
     6    § 2. The opening paragraphs of paragraphs (u-1) and (v-1) of  subdivi-
     7  sion  2  of section 212 of the judiciary law, as added by chapter 102 of
     8  the laws of 2020, are amended to read as follows:
     9    Compile and publish data on misdemeanor offenses in all courts in  the
    10  unified court system including town and village courts, disaggregated by
    11  county, and by individual court, including the following information:
    12    Compile and publish data on violations, to the greatest extent practi-
    13  cable,  in  all  courts  in  the unified court system including town and
    14  village courts,  disaggregated  by  county,  and  by  individual  court,
    15  including the following information:
    16    §  3. Paragraph (w-1) of subdivision 2 of section 212 of the judiciary
    17  law, as added by chapter 102 of the laws of 2020, is amended to read  as
    18  follows:
    19    (w-1)  The  chief administrator shall include the information required
    20  by paragraphs (u-1) [and], (v-1), and (ff) of this  subdivision  in  the
    21  annual  report submitted to the legislature and the governor pursuant to
    22  paragraph (j) of subdivision one of this section. The chief  administra-
    23  tor  shall also make the information required by paragraphs (u-1) [and],
    24  (v-1), and (ff) of this subdivision available to the public  by  posting
    25  it on the website of the office of court administration and shall update
    26  such  information on a monthly basis. The information shall be posted in
    27  alphanumeric form that can be digitally transmitted or processed and not
    28  in portable document format or scanned copies of original documents.
    29    § 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
    30  adding two new paragraphs (ff) and (gg) to read as follows:
    31    (ff)  Prepare  forms and compile and publish data on eviction filings,
    32  proceedings or actions in  all  courts  in  the  unified  court  system,
    33  including town and village courts, disaggregated by county, and by indi-
    34  vidual court, including but not limited to the following information:
    35    (i) the total number of eviction filings in each court by month;
    36    (ii) the number of holdover proceedings versus nonpayment proceedings;
    37    (iii) the court where the action or proceeding was instituted;
    38    (iv) the disposition of the proceeding, including whether a warrant of
    39  eviction was issued or stayed; and
    40    (v) in the case of dismissal, the reasons therefor.
    41    (gg)  In addition to the data reporting required under paragraphs (e),
    42  (u-1), (v-1), (w-1), and (ff) of this subdivision,  wherever  the  chief
    43  administrator  is required to compile, report, and make other court data
    44  publicly available, or wherever the chief administrator opts to  require
    45  such  collection, reporting, and public availability of data, this shall
    46  include data from all courts in the unified court system, including town
    47  and village courts, disaggregated by county and by individual court.
    48    § 5. This act shall take effect on the one hundred eightieth day after
    49  it shall have become a law; provided, however, sections one and  two  of
    50  this  act  shall  take effect one year after it shall have become a law;
    51  and provided, further, the amendments to the opening paragraph of  para-
    52  graph (v-1) of subdivision 2 of section 212 of the judiciary law made by
    53  section  two of this act shall take effect two years after it shall have
    54  become a law.
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