STATE OF NEW YORK
________________________________________________________________________
7002
IN SENATE(Prefiled)
January 3, 2018
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the judiciary law, in
relation to functions of the chief administrator of the courts; and to
amend the executive law, in relation to reporting requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 10.40 of the criminal procedure
2 law, as amended by chapter 237 of the laws of 2015, is amended to read
3 as follows:
4 1. The chief administrator of the courts shall have the power to
5 adopt, amend and rescind forms for the efficient and just administration
6 of this chapter. Such forms shall include, without limitation, the
7 forms described in paragraph (z) of subdivision two of section two
8 hundred twelve of the judiciary law. A failure by any party to submit
9 papers in compliance with forms authorized by this section shall not be
10 grounds for that reason alone for denial or granting of any motion.
11 § 1-a. Section 10.40 of the criminal procedure law, as added by chap-
12 ter 47 of the laws of 1984, is amended to read as follows:
13 § 10.40 Chief administrator to prescribe forms.
14 The chief administrator of the courts shall have the power to adopt,
15 amend and rescind forms for the efficient and just administration of
16 this chapter. Such forms shall include, without limitation, the forms
17 described in paragraph (z) of subdivision two of section two hundred
18 twelve of the judiciary law. A failure by any party to submit papers in
19 compliance with forms authorized by this section shall not be grounds
20 for that reason alone for denial or granting of any motion.
21 § 2. Subdivision 2 of section 212 of the judiciary law is amended by
22 adding six new paragraphs (u-1), (v-1), (w), (x), (y) and (z) to read as
23 follows:
24 (u-1) Compile and publish data on misdemeanor offenses in all courts,
25 disaggregated by county, including the following information:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00444-02-7
S. 7002 2
1 (i) the aggregate number of misdemeanors charged, by indictment or the
2 filing of a misdemeanor complaint or information;
3 (ii) the offense charged;
4 (iii) the race, ethnicity, age, and sex of the individual charged;
5 (iv) whether the individual was issued a summons or appearance ticket,
6 was subject to custodial arrest, and/or was held to arraignment as a
7 result of the alleged misdemeanor;
8 (v) the zip code or location where the alleged misdemeanor occurred;
9 (vi) the disposition, including, as the case may be, dismissal,
10 acquittal, adjournment in contemplation of dismissal, plea, conviction,
11 or other disposition;
12 (vii) in the case of dismissal, the reasons therefor; and
13 (viii) the sentence imposed, if any, including fines, fees, and
14 surcharges.
15 (v-1) Compile and publish data on violations in all courts, disaggre-
16 gated by county, including the following information:
17 (i) the aggregate number of violations charged by the filing of an
18 information;
19 (ii) the violation charged;
20 (iii) the race, ethnicity, age, and sex of the individual charged;
21 (iv) whether the individual was issued a summons or appearance ticket,
22 was subject to custodial arrest, and/or was held to arraignment as a
23 result of the alleged violation;
24 (v) the zip code or location where the alleged violation occurred;
25 (vi) the disposition, including, as the case may be, dismissal,
26 acquittal, conviction, or other disposition;
27 (vii) in the case of dismissal, the reasons therefor; and
28 (viii) the sentence imposed, if any, including fines, fees, and
29 surcharges.
30 (w) The chief administrator shall include the information required by
31 paragraphs (u-1) and (v-1) of this subdivision in the annual report
32 submitted to the legislature and the governor pursuant to paragraph (j)
33 of subdivision one of this section. The chief administrator shall also
34 make the information required by paragraphs (u-1) and (v-1) of this
35 subdivision available to the public by posting it on the website of the
36 office of court administration and shall update such information on a
37 monthly basis. The information shall be posted in alphanumeric form that
38 can be digitally transmitted or processed and not in portable document
39 format or scanned copies of original documents.
40 (x) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall be
41 construed as granting authority to the chief administrator, a criminal
42 justice or law enforcement agency, a governmental entity, or any agent
43 or representative of the foregoing, to use, disseminate, or publish any
44 individual's name, date of birth, NYSID, social security number, docket
45 number, or other unique identifier in violation of the criminal proce-
46 dure law, the general business law, or any other law.
47 (y) Nothing in paragraphs (u-1) and (v-1) of this subdivision shall be
48 construed as granting authority to the chief administrator, a criminal
49 justice or law enforcement agency, a governmental entity, a party, a
50 judge, a prosecutor, or any agent or representative of the foregoing to
51 introduce, use, disseminate, publish or consider any records in any
52 judicial or administrative proceeding expunged or sealed under applica-
53 ble provisions of the criminal procedure law, the family court act, or
54 any other law.
55 (z) In executing the requirements of paragraphs (u-1) and (v-1) of
56 this section, the chief administrator may adopt rules consistent with
S. 7002 3
1 the requirements of paragraphs (x) and (y) of this subdivision requiring
2 appropriate law enforcement or criminal justice agencies to identify
3 actions and proceedings involving these offenses, and with respect to
4 such actions and proceedings, to report, in such form and manner as the
5 chief administrator shall prescribe, the information specified herein.
6 Further, to facilitate this provision, the chief administrator shall
7 adopt rules to facilitate record sharing, retention and other necessary
8 communication among the criminal courts and law enforcement agencies,
9 subject to applicable provisions of the criminal procedure law, the
10 family court act, and any other law pertaining to the confidentiality,
11 expungement and sealing of records.
12 § 3. The executive law is amended by adding a new section 837-t to
13 read as follows:
14 § 837-t. Reporting duties of law enforcement departments with respect
15 to arrest-related deaths. 1. The chief of every police department, each
16 county sheriff, and the superintendent of state police shall promptly
17 report to the division any arrest-related death, disaggregated by coun-
18 ty. An arrest-related death is a death that occurs during law enforce-
19 ment custody or an attempt to establish custody including, but not
20 limited to, deaths caused by any use of force. The data shall include
21 the following information:
22 (a) the number of arrest-related deaths;
23 (b) the race, ethnicity, age, and sex of the individual;
24 (c) the zip code or location where the death occurred; and
25 (d) a brief description of the circumstances surrounding the arrest-
26 related death.
27 2. The division shall present to the governor and the legislature an
28 annual report containing the information required by subdivision one of
29 this section. The initial report required by this subdivision shall be
30 for the period beginning July first, two thousand eighteen and ending
31 December thirty-first, two thousand eighteen and shall be presented no
32 later than February first, two thousand nineteen. Thereafter, each
33 annual report shall be presented no later than February first.
34 3. The division shall make the information required by subdivision one
35 of this section available to the public by posting it on the website of
36 the division and shall update such information on a monthly basis. The
37 information shall be posted in alphanumeric form that can be digitally
38 transmitted or processed and not in portable document format or scanned
39 copies of original documents.
40 § 4. This act shall take effect immediately; provided that the amend-
41 ment to subdivision 1 of section 10.40 of the criminal procedure law,
42 made by section one of this act, shall be subject to the expiration and
43 reversion of such section as provided in section 11 of chapter 237 of
44 the laws of 2015, as amended, when upon such date the provisions of
45 section one-a of this act shall take effect.
