Assembly Bill A10030

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10030

                          I N  A S S E M B L Y

                              June 10, 2014
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lentol) --
  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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 10.40 of the criminal procedure law,  as  added  by
chapter 47 of the laws of 1984, is amended to read as follows:
S 10.40 Chief administrator to prescribe forms.
  The  chief  administrator of the courts shall have the power to adopt,
amend and rescind forms for the efficient  and  just  administration  of
this  chapter.   SUCH FORMS SHALL INCLUDE, WITHOUT LIMITATION, THE FORMS
DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION TWO  OF  SECTION  TWO  HUNDRED
TWELVE  OF THE JUDICIARY LAW. A failure by any party to submit papers in
compliance with forms authorized by this section shall  not  be  grounds
for that reason alone for denial or granting of any motion.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding five new paragraphs (t),  (u),  (v),  (w)  and  (x)  to  read  as
follows:
  (T)  COMPILE  AND  PUBLISH DATA ON MISDEMEANOR OFFENSES IN ALL COURTS,
DISAGGREGATED BY COUNTY, INCLUDING BUT  NOT  LIMITED  TO  THE  FOLLOWING
INFORMATION:
  (I) THE NUMBER OF MISDEMEANORS CHARGED, BY INDICTMENT OR THE FILING OF
A MISDEMEANOR COMPLAINT OR INFORMATION;
  (II) THE OFFENSE CHARGED;
  (III) THE ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
  (IV)  WHETHER  THE  INDIVIDUAL WAS ISSUED A SUMMONS OR DESK APPEARANCE
TICKET, WAS SUBJECT TO CUSTODIAL ARREST, AND/OR WAS HELD TO  ARRAIGNMENT
AS A RESULT OF THE ALLEGED MISDEMEANOR;
  (V) THE ZIP CODE OR LOCATION WHERE THE ALLEGED MISDEMEANOR OCCURRED;
  (VI)  THE  DISPOSITION,  INCLUDING,  AS  THE  CASE  MAY BE, DISMISSAL,
ACQUITTAL, ADJOURNMENT IN CONTEMPLATION OF DISMISSAL, PLEA,  CONVICTION,
OR OTHER DISPOSITION;
  (VII) IN THE CASE OF DISMISSAL, THE REASONS THEREFORE; AND

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

                                                           LBD15517-01-4

A. 10030                            2

  (VIII) THE SENTENCE IMPOSED, IF ANY, INCLUDING FINES.
  (U)  COMPILE  AND  PUBLISH DATA ON VIOLATIONS IN ALL COURTS, DISAGGRE-
GATED BY COUNTY, INCLUDING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
  (I) THE NUMBER OF VIOLATIONS CHARGED BY THE FILING OF AN INFORMATION;
  (II) THE VIOLATION CHARGED;
  (III) THE ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
  (IV) WHETHER THE INDIVIDUAL WAS ISSUED A SUMMONS  OR  DESK  APPEARANCE
TICKET,  WAS SUBJECT TO CUSTODIAL ARREST, AND/OR WAS HELD TO ARRAIGNMENT
AS A RESULT OF THE ALLEGED VIOLATION;
  (V) THE ZIP CODE OR LOCATION WHERE THE ALLEGED VIOLATION OCCURRED;
  (VI) THE DISPOSITION,  INCLUDING,  AS  THE  CASE  MAY  BE,  DISMISSAL,
ACQUITTAL, CONVICTION, OR OTHER DISPOSITION;
  (VII) IN THE CASE OF DISMISSAL, THE REASONS THEREFORE; AND
  (VIII) THE SENTENCE IMPOSED, IF ANY, INCLUDING FINES.
  (V)  THE  CHIEF  ADMINISTRATOR  SHALL MAKE THE INFORMATION REQUIRED BY
SUBDIVISIONS (T) AND (U) OF THIS SECTION  AVAILABLE  TO  THE  PUBLIC  BY
POSTING  IT  ON  THE  WEBSITE OF THE OFFICE OF COURT ADMINISTRATION. THE
INFORMATION SHALL BE POSTED IN ALPHANUMERIC FORM THAT CAN  BE  DIGITALLY
TRANSMITTED  OR PROCESSED AND NOT IN PORTABLE DOCUMENT FORMAT OR SCANNED
COPIES OF ORIGINAL DOCUMENTS.
  (W) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS GRANTING AUTHOR-
ITY TO THE CHIEF ADMINISTRATOR TO USE, DISSEMINATE, OR PUBLISH ANY INDI-
VIDUAL'S NAME, NYSID, SOCIAL SECURITY NUMBER, DOCKET  NUMBER,  OR  OTHER
UNIQUE  IDENTIFIER IN VIOLATION OF SECTION THREE HUNDRED NINETY-NINE-DDD
OF THE GENERAL BUSINESS LAW.
  (X) IN EXECUTING THE REQUIREMENTS OF SUBDIVISIONS (T) AND (U) OF  THIS
SECTION,  THE  CHIEF ADMINISTRATOR MAY ADOPT RULES REQUIRING APPROPRIATE
LAW ENFORCEMENT OR CRIMINAL JUSTICE AGENCIES  TO  IDENTIFY  ACTIONS  AND
PROCEEDINGS  INVOLVING  THESE OFFENSES, AND WITH RESPECT TO SUCH ACTIONS
AND PROCEEDINGS, TO REPORT, IN SUCH FORM AND MANNER AS THE CHIEF  ADMIN-
ISTRATOR SHALL PRESCRIBE, THE INFORMATION SPECIFIED HEREIN.  FURTHER, TO
FACILITATE  THIS PROVISION, THE CHIEF ADMINISTRATOR SHALL ADOPT RULES TO
FACILITATE RECORD SHARING, RETENTION AND OTHER  NECESSARY  COMMUNICATION
AMONG  THE  CRIMINAL  COURTS  AND  LAW  ENFORCEMENT AGENCIES, SUBJECT TO
APPLICABLE PROVISIONS OF THE CRIMINAL PROCEDURE LAW AND THE FAMILY COURT
ACT PERTAINING  TO  THE  CONFIDENTIALITY,  EXPUNGEMENT  AND  SEALING  OF
RECORDS.
  S 3. This act shall take effect immediately.