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.
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.
