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S01849 Summary:

BILL NOS01849A
 
SAME ASNo Same As
 
SPONSORMAYER
 
COSPNSRGOUNARDES, HARCKHAM
 
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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S01849 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1849--A
            Cal. No. 527
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2025
                                       ___________
 
        Introduced by Sens. MAYER, GOUNARDES, HARCKHAM -- read twice and ordered
          printed,  and when printed to be committed to the Committee on Judici-
          ary -- reported favorably from said committee  and  committed  to  the
          Committee  on  Finance  --  reported  favorably  from  said committee,
          ordered to first and  second  report,  ordered  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place in the order of
          third reading
 
        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01331-04-5

        S. 1849--A                          2
 
     1    In executing this requirement, the chief administrator may adopt rules
     2  requiring  appropriate  law  enforcement or criminal justice agencies to
     3  identify actions and proceedings involving  family  offenses  and,  with
     4  respect  to  such  actions  and proceedings, to report, in such form and
     5  manner as the chief administrator shall prescribe, the information spec-
     6  ified herein.
     7    The  chief administrator of the courts shall adopt rules to facilitate
     8  record sharing and other communication among [the supreme, criminal  and
     9  family]  all  courts  in  the  unified  court system, including town and
    10  village  courts,  subject  to  applicable  provisions  of  the  domestic
    11  relations  law, criminal procedure law and the family court act pertain-
    12  ing to the confidentiality, expungement and sealing  of  records,  where
    13  such   courts  exercise  concurrent  jurisdiction  over  family  offense
    14  proceedings or proceedings involving orders of protection.
    15    § 2. The opening paragraphs of paragraphs (u-1) and (v-1) of  subdivi-
    16  sion  2  of section 212 of the judiciary law, as added by chapter 102 of
    17  the laws of 2020, are amended to read as follows:
    18    Compile and publish data on misdemeanor offenses in all courts in  the
    19  unified  court system, and require reporting of such data by all courts,
    20  including town and village courts, disaggregated by county, and by indi-
    21  vidual court, including the following information:
    22    Compile and publish data on violations, to the greatest extent practi-
    23  cable, in all courts in the unified court system, and require  reporting
    24  of such data by all courts, including town and village courts, disaggre-
    25  gated by county, and by individual court, including the following infor-
    26  mation:
    27    §  3. Paragraph (w-1) of subdivision 2 of section 212 of the judiciary
    28  law, as added by chapter 102 of the laws of 2020, is amended to read  as
    29  follows:
    30    (w-1)  The  chief administrator shall include the information required
    31  by paragraphs (u-1) [and], (v-1), and (ff) of this  subdivision  in  the
    32  annual  report submitted to the legislature and the governor pursuant to
    33  paragraph (j) of subdivision one of this section. The chief  administra-
    34  tor  shall also make the information required by paragraphs (u-1) [and],
    35  (v-1), and (ff) of this subdivision available to the public  by  posting
    36  it on the website of the office of court administration and shall update
    37  such  information on a monthly basis. The information shall be posted in
    38  alphanumeric form that can be digitally transmitted or processed and not
    39  in portable document format or scanned copies of original documents.
    40    § 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
    41  adding two new paragraphs (ff) and (gg) to read as follows:
    42    (ff)  Prepare forms and compile and publish data on landlord-initiated
    43  eviction  filings,  proceedings  or  actions  and  on   tenant-initiated
    44  filings,  proceedings,  or  actions  in  all courts in the unified court
    45  system, and require reporting of such data by all courts, including town
    46  and village courts to the greatest extent practicable, disaggregated  by
    47  county,  and  by  individual  court,  including  but  not limited to the
    48  following information:
    49    (i) in the case of landlord-initiated eviction  filings,  proceedings,
    50  or  actions,  the  total  number  in each court by month, categorized by
    51  whether nonpayment  or  holdover,  the  amount  of  the  money  judgment
    52  entered,  if  any, and whether the landlord or tenant was represented by
    53  an attorney;
    54    (ii) in the case of tenant-initiated filings, proceedings, or actions,
    55  the total number in each court by month categorized by  whether  seeking
    56  judgment  directing  repairs, restoration to occupancy after an unlawful

        S. 1849--A                          3
 
     1  eviction, or other relief,  and  whether  the  landlord  or  tenant  was
     2  represented by an attorney;
     3    (iii) the court where the action or proceeding was instituted;
     4    (iv)  the  disposition of the proceeding, including whether a judgment
     5  and warrant of eviction was issued, repairs, restoration  to  occupancy,
     6  or  other  relief ordered, and the amount of the money judgment entered,
     7  if any; and
     8    (v) in the case of dismissal, the reasons therefor.
     9    (gg) In addition to the data reporting required under paragraphs  (e),
    10  (u-1),  (v-1),  (w-1),  and (ff) of this subdivision, wherever the chief
    11  administrator is required to compile, report, and make other court  data
    12  publicly  available, or wherever the chief administrator opts to require
    13  such collection, reporting, and public availability of data, this  shall
    14  include data from all courts in the unified court system, including town
    15  and  village courts to the greatest extent practicable, disaggregated by
    16  county and by individual court.
    17    § 5. This act shall take effect two years after it shall have become a
    18  law.
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