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A10609 Summary:

A10609 Actions:

A10609 Floor Votes:

A10609 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A10609
 
SPONSOR: Rules (Lentol)

 
TITLE OF BILL:
 
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
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To provide reporting requirements related to misdemeanors and
violations.
 
 
SUMMARY OF PROVISIONS:
 
This bill authorizes the chief administrator of the courts to compile
the following data on misdemeanor offenses and violations, broken down
by county. The data must include:
 
*Aggregate number of misdemeanors/violations charged
*The offense/violation charged
*Race, ethnicity, age and sex of individual charged
*Whether the individual was issued a summons or appearance ticket, was
subject to custodial arrest, or whether an arraignment was 'held as a
result of the misdemeanor/violation
*Zip code or location where the alleged misdemeanor/violation occurred
*Disposition of case including, if the case is dismissed, why it was
dismissed, or the sentence imposed, including fines, fees, and
surcharges.
 
The chief administrator of the courts shall include this information in
its annual report submitted to the legislature. The data collected must
be made available online and updated monthly.
 
This bill also requires the chief of every police department, county
sheriff, and superintendent of state police to promptly report. to DCJS
any arrest-related death, broken down by county. An arrest related death
is defined as a death that occurs during law enforcement custody or an
attempt to establish custody, including, but not limited to, deaths
caused by any use of force.
 
This bill requires DCJS to make information relating to arrest-related
deaths available in an annual and on its website. Such data shall
include: the number of arrest-relate deaths; race, ethnicity, age; and
sex of individual; zip code or location where death occurred; and brief
description of circumstances surrounding the death.
 
 
JUSTIFICATION:
 
Reporting is necessary to provide metrics by which the public and poli-
cymakers can evaluate the effectiveness of existing criminal justice
policies.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2019: A5472-A/S.1830-B; Passed Assembly
2018; A.5946-A/S.7002; Passed Assembly
2017: A.5946-A/S.7002; Passed Assembly
2016: A.7698A/S.6001A; Passed Assembly
2015: A.7698/S.6001; Reported to Rules
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
Minimal.
 
 
EFFECTIVE DATE:
180 days

A10609 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10609
 
                   IN ASSEMBLY
 
                                      June 5, 2020
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Lentol,
          Mosley, Darling, Frontus, Perry, Aubry, Quart,  Barron,  D. Rosenthal,
          De La Rosa, Epstein, Hevesi, Fernandez, Pichardo, L. Rosenthal, Blake,
          Taylor,  Reyes, Gottfried, Niou, O'Donnell, Cruz, Simon, Kim, Simotas,
          Glick, Carroll, Rozic, Wright, Jaffee,  Ortiz,  Barnwell,  Richardson,
          Magnarelli,  Vanel,  Otis,  Davila)  --  read once and referred 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-1) 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-1) 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07856-14-0
        A. 10609                            2
 
     1    § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
     2  adding six new paragraphs (u-1), (v-1), (w-1), (x-1), (y-1) and (z-1) to
     3  read as follows:
     4    (u-1)  Compile and publish data on misdemeanor offenses in all courts,
     5  disaggregated by county, including the following information:
     6    (i) the aggregate number of misdemeanors charged, by indictment or the
     7  filing of a misdemeanor complaint or information;
     8    (ii) the offense charged;
     9    (iii) the race, ethnicity, age, and sex of the individual charged;
    10    (iv) whether the individual was issued a summons or appearance ticket,
    11  was subject to custodial arrest, and/or was held prior to arraignment as
    12  a result of the alleged misdemeanor;
    13    (v) the precinct or location where the alleged misdemeanor occurred;
    14    (vi) the disposition,  including,  as  the  case  may  be,  dismissal,
    15  acquittal,  adjournment in contemplation of dismissal, plea, conviction,
    16  or other disposition;
    17    (vii) in the case of dismissal, the reasons therefor; and
    18    (viii) the sentence  imposed,  if  any,  including  fines,  fees,  and
    19  surcharges.
    20    (v-1)  Compile  and publish data on violations, to the greatest extent
    21  practicable, in all  courts,  disaggregated  by  county,  including  the
    22  following information:
    23    (i)  the  aggregate  number  of violations charged by the filing of an
    24  information;
    25    (ii) the violation charged;
    26    (iii) the race, ethnicity, age, and sex of the individual charged;
    27    (iv) whether the individual was issued a summons or appearance ticket,
    28  was subject to custodial arrest, and/or was held prior to arraignment as
    29  a result of the alleged violation;
    30    (v) the precinct or location where the alleged violation occurred;
    31    (vi) the disposition,  including,  as  the  case  may  be,  dismissal,
    32  acquittal, conviction, or other disposition;
    33    (vii) in the case of dismissal, the reasons therefor; and
    34    (viii)  the  sentence  imposed,  if  any,  including  fines, fees, and
    35  surcharges.
    36    (w-1) The chief administrator shall include the  information  required
    37  by  paragraphs  (u-1) and (v-1) of this subdivision in the annual report
    38  submitted to the legislature and the governor pursuant to paragraph  (j)
    39  of  subdivision  one of this section. The chief administrator shall also
    40  make the information required by paragraphs  (u-1)  and  (v-1)  of  this
    41  subdivision  available to the public by posting it on the website of the
    42  office of court administration and shall update such  information  on  a
    43  monthly basis. The information shall be posted in alphanumeric form that
    44  can  be  digitally transmitted or processed and not in portable document
    45  format or scanned copies of original documents.
    46    (x-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision  shall
    47  be  construed as granting authority to the chief administrator, a crimi-
    48  nal justice or law enforcement agency, a  governmental  entity,  or  any
    49  agent  or  representative  of  the  foregoing,  to  use, disseminate, or
    50  publish any individual's name, date of  birth,  NYSID,  social  security
    51  number,  docket  number,  or other unique identifier in violation of the
    52  criminal procedure law, the general business law, or any other law.
    53    (y-1) Nothing in paragraphs (u-1) and (v-1) of this subdivision  shall
    54  be  construed as granting authority to the chief administrator, a crimi-
    55  nal justice or law enforcement agency, a governmental entity, a party, a
    56  judge, a prosecutor, or any  agent or representative of the foregoing to
        A. 10609                            3
 
     1  introduce, use, disseminate, publish or  consider  any  records  in  any
     2  judicial  or administrative proceeding expunged or sealed under applica-
     3  ble provisions of the criminal procedure law, the family court  act,  or
     4  any other law.
     5    (z-1)  In  executing the requirements of paragraphs (u-1) and (v-1) of
     6  this section, the chief administrator may adopt  rules  consistent  with
     7  the  requirements  of  paragraphs (x-1) and (y-1) of this subdivision to
     8  secure the information specified herein from the  office  of  the  state
     9  comptroller  in  such  form  and manner as the chief administrator shall
    10  prescribe.  Further, to facilitate this provision, the chief administra-
    11  tor shall adopt rules to facilitate record sharing, retention and  other
    12  necessary  communication  among  the criminal courts and law enforcement
    13  agencies, subject to applicable provisions  of  the  criminal  procedure
    14  law, the family court act, and any other law pertaining to the confiden-
    15  tiality, expungement and sealing of records.
    16    §  3.  The  executive  law is amended by adding a new section 837-v to
    17  read as follows:
    18    § 837-v. Reporting duties of law enforcement departments with  respect
    19  to  arrest-related deaths. 1. The chief of every police department, each
    20  county sheriff, and the superintendent of state  police  shall  promptly
    21  report  to the division any arrest-related death, disaggregated by coun-
    22  ty.  The data shall include all information the  division  shall  report
    23  pursuant to the requirements of subdivision five of this section.
    24    2.    The initial report required by this subdivision shall be for the
    25  period beginning six months after the effective date of this section and
    26  shall be submitted on an annual basis  thereafter.  Each  annual  report
    27  shall be submitted no later than February first.
    28    3. The division shall make the information required by subdivision one
    29  of  this section available to the public by posting it on the website of
    30  the division. With respect to the information  required  by  subdivision
    31  one  of  this  section,  the division shall update such information on a
    32  monthly basis and such information shall be posted in alphanumeric  form
    33  that can be digitally transmitted or processed and not in portable docu-
    34  ment format or scanned copies of original documents.
    35    4. The division shall promulgate regulations to effectuate the report-
    36  ing  of  data  from  law  enforcement departments sufficient to make the
    37  reports required by subdivision five of this section.
    38    5. The division shall submit to the governor and  the  legislature  an
    39  annual  report  of  arrest-related  deaths  disaggregated  by county. An
    40  arrest-related death is a death that occurs while an  individual  is  in
    41  law  enforcement  custody  or  during  an  attempt  to establish custody
    42  including, but not limited to, deaths caused by any use of  force.  Such
    43  report shall include the following information:
    44    (a) the number of arrest-related deaths;
    45    (b) the race, ethnicity, age, and sex of the individual;
    46    (c) the zip code or location where the death occurred; and
    47    (d)  a  brief description of the circumstances surrounding the arrest-
    48  related death.
    49    § 4. This act shall take effect on the one hundred eightieth day after
    50  it shall have become a law; provided that the amendment to subdivision 1
    51  of section 10.40 of the criminal procedure law, made by section  one  of
    52  this  act,  shall  be  subject  to  the expiration and reversion of such
    53  section as provided in section 11 of chapter 237 of the laws of 2015, as
    54  amended, when upon such date the provisions of section one-a of this act
    55  shall take effect.