S T A T E O F N E W Y O R K
________________________________________________________________________
1481
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
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Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Judiciary
AN ACT to amend the executive law and the judiciary law, in relation to
requiring the division of criminal justice services and the chief
administrator of the courts to track automated teller machine crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 837 of the executive law is amended by adding a new
subdivision 4-d to read as follows:
4-D. IN COOPERATION WITH THE CHIEF ADMINISTRATOR OF THE COURTS AS WELL
AS ANY OTHER PUBLIC AGENCY, INCLUDING DISTRICT ATTORNEYS, COLLECT AND
ANALYZE STATISTICAL AND ALL OTHER INFORMATION AND DATA WITH RESPECT TO
THE NUMBER OF CRIMES INVOLVING AUTOMATED TELLER MACHINES AS DEFINED BY
SUBDIVISION TWO OF SECTION SEVENTY-FIVE-B OF THE BANKING LAW LOCATED AT
AUTOMATED TELLER MACHINE FACILITIES, AS DEFINED BY SUBDIVISION THREE OF
SECTION SEVENTY-FIVE-B OF THE BANKING LAW, REPORTED TO OR INVESTIGATED
BY THE DIVISION OF STATE POLICE, AND ALL OTHER POLICE OR PEACE OFFICERS,
THE NUMBER OF PERSONS ARRESTED FOR THE COMMISSION OF SUCH CRIMES, THE
CRIMES FOR WHICH THE PERSON WAS ARRESTED, THE COUNTY WITHIN WHICH THE
ARREST WAS MADE AND THE ACCUSATORY INSTRUMENT FILED, THE DISPOSITION OF
THE ACCUSATORY INSTRUMENT FILED, INCLUDING, BUT NOT LIMITED TO, AS THE
CASE MAY BE, DISMISSAL, ACQUITTAL, THE CRIMES TO WHICH THE DEFENDANT
PLED GUILTY, THE CRIMES THE DEFENDANT WAS CONVICTED OF AFTER TRIAL, AND
THE SENTENCE IMPOSED. THE DIVISION SHALL INCLUDE THE STATISTICS AND
OTHER INFORMATION REQUIRED BY THIS SUBDIVISION IN THE ANNUAL REPORT
SUBMITTED TO THE GOVERNOR AND LEGISLATURE PURSUANT TO SUBDIVISION TWELVE
OF THIS SECTION.
S 2. Section 216 of the judiciary law is amended by adding a new
subdivision 5 to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00297-01-9
A. 1481 2
5. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA IN
RELATION TO THE NUMBER OF CRIMES INVOLVING AUTOMATED TELLER MACHINES
PURSUANT TO SUBDIVISION FOUR-D OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF
THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO THE FOLLOWING INFORMA-
TION:
(A) THE NUMBER OF CRIMES INVOLVING AUTOMATED TELLER MACHINES;
(B) THE NUMBER OF PERSONS ARRESTED FOR THE COMMISSION OF SUCH CRIMES;
(C) THE CRIMES ALLEGED;
(D) THE COURT WHERE THE ACTION OR PROCEEDING WAS INSTITUTED;
(E) THE DISPOSITION; AND
(F) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR.
IN EXECUTING THIS REQUIREMENT, THE CHIEF ADMINISTRATOR MAY ADOPT RULES
REQUIRING APPROPRIATE LAW ENFORCEMENT, CRIMINAL JUSTICE AGENCIES,
DISTRICT ATTORNEYS AND COURTS TO IDENTIFY ACTIONS AND PROCEEDINGS
INVOLVING ORDERS OF PROTECTION AND, WITH RESPECT TO SUCH ACTIONS AND
PROCEEDINGS, TO REPORT, IN SUCH FORM AND MANNER AS THE CHIEF ADMINISTRA-
TOR SHALL PRESCRIBE, THE INFORMATION SPECIFIED IN THIS SUBDIVISION.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the chief administrator of the
courts is authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement this act on its effective
date on or before such date.