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A03499 Summary:

BILL NOA03499A
 
SAME ASSAME AS S01849-A
 
SPONSORLavine
 
COSPNSRMeeks, Berger
 
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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A03499 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3499--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 28, 2025
                                       ___________
 
        Introduced  by  M. of A. LAVINE, MEEKS, BERGER -- read once and referred
          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  as
     6  defined in subdivision one of section eight hundred twelve of the family
     7  court act or subdivision one of section 530.11 of the criminal procedure
     8  law,  and  proceedings  or  actions  involving  family  offenses  in all
     9  courts[,] in the unified court system, and  require  reporting  of  such
    10  data  by  all  courts, including town and village courts to the greatest
    11  extent practicable, including but not limited to the following  informa-
    12  tion:
    13    (i) the offense alleged;
    14    (ii)  the  relationship  of  the alleged offender to the petitioner or
    15  complainant;
    16    (iii) the court where the action or proceeding was instituted;
    17    (iv) the disposition; and
    18    (v) in the case of dismissal, the reasons therefor.
    19    In executing this requirement, the chief administrator may adopt rules
    20  requiring appropriate law enforcement or criminal  justice  agencies  to
    21  identify  actions  and  proceedings  involving family offenses and, with
    22  respect to such actions and proceedings, to report,  in  such  form  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01331-05-5

        A. 3499--A                          2
 
     1  manner as the chief administrator shall prescribe, the information spec-
     2  ified herein.
     3    The  chief administrator of the courts shall adopt rules to facilitate
     4  record sharing and other communication among [the supreme, criminal  and
     5  family]  all  courts  in  the  unified  court system, including town and
     6  village  courts,  subject  to  applicable  provisions  of  the  domestic
     7  relations  law, criminal procedure law and the family court act pertain-
     8  ing to the confidentiality, expungement and sealing  of  records,  where
     9  such   courts  exercise  concurrent  jurisdiction  over  family  offense
    10  proceedings or proceedings involving orders of protection.
    11    § 2. The opening paragraphs of paragraphs (u-1) and (v-1) of  subdivi-
    12  sion  2  of section 212 of the judiciary law, as added by chapter 102 of
    13  the laws of 2020, are amended to read as follows:
    14    Compile and publish data on misdemeanor offenses in all courts in  the
    15  unified  court system, and require reporting of such data by all courts,
    16  including town and village courts, disaggregated by county, and by indi-
    17  vidual court, including the following information:
    18    Compile and publish data on violations, to the greatest extent practi-
    19  cable, in all courts in the unified court system, and require  reporting
    20  of such data by all courts, including town and village courts, disaggre-
    21  gated by county, and by individual court, including the following infor-
    22  mation:
    23    §  3. Paragraph (w-1) of subdivision 2 of section 212 of the judiciary
    24  law, as added by chapter 102 of the laws of 2020, is amended to read  as
    25  follows:
    26    (w-1)  The  chief administrator shall include the information required
    27  by paragraphs (u-1) [and], (v-1), and (ff) of this  subdivision  in  the
    28  annual  report submitted to the legislature and the governor pursuant to
    29  paragraph (j) of subdivision one of this section. The chief  administra-
    30  tor  shall also make the information required by paragraphs (u-1) [and],
    31  (v-1), and (ff) of this subdivision available to the public  by  posting
    32  it on the website of the office of court administration and shall update
    33  such  information on a monthly basis. The information shall be posted in
    34  alphanumeric form that can be digitally transmitted or processed and not
    35  in portable document format or scanned copies of original documents.
    36    § 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
    37  adding two new paragraphs (ff) and (gg) to read as follows:
    38    (ff)  Prepare forms and compile and publish data on landlord-initiated
    39  eviction  filings,  proceedings  or  actions  and  on   tenant-initiated
    40  filings,  proceedings,  or  actions  in  all courts in the unified court
    41  system, and require reporting of such data by all courts, including town
    42  and village courts to the greatest extent practicable, disaggregated  by
    43  county,  and  by  individual  court,  including  but  not limited to the
    44  following information:
    45    (i) in the case of landlord-initiated eviction  filings,  proceedings,
    46  or  actions,  the  total  number  in each court by month, categorized by
    47  whether nonpayment  or  holdover,  the  amount  of  the  money  judgment
    48  entered,  if  any, and whether the landlord or tenant was represented by
    49  an attorney;
    50    (ii) in the case of tenant-initiated filings, proceedings, or actions,
    51  the total number in each court by month categorized by  whether  seeking
    52  judgment  directing  repairs, restoration to occupancy after an unlawful
    53  eviction, or other relief,  and  whether  the  landlord  or  tenant  was
    54  represented by an attorney;
    55    (iii) the court where the action or proceeding was instituted;

        A. 3499--A                          3
 
     1    (iv)  the  disposition of the proceeding, including whether a judgment
     2  and warrant of eviction was issued, repairs, restoration  to  occupancy,
     3  or  other  relief ordered, and the amount of the money judgment entered,
     4  if any; and
     5    (v) in the case of dismissal, the reasons therefor.
     6    (gg)  In addition to the data reporting required under paragraphs (e),
     7  (u-1), (v-1), (w-1), and (ff) of this subdivision,  wherever  the  chief
     8  administrator  is required to compile, report, and make other court data
     9  publicly available, or wherever the chief administrator opts to  require
    10  such  collection, reporting, and public availability of data, this shall
    11  include data from all courts in the unified court system, including town
    12  and village courts to the greatest extent practicable, disaggregated  by
    13  county and by individual court.
    14    § 5. This act shall take effect two years after it shall have become a
    15  law.
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