senate Bill S101

2013-2014 Legislative Session

Directs the division of criminal justice services to accept electronic submission of reports or other information from local law enforcement agencies

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

Co-Sponsors

S101 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd ยง837-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S6427

S101 - Bill Texts

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Directs the division of criminal justice services to accept electronic submission of reports or other information from local law enforcement agencies.

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BILL NUMBER:S101

TITLE OF BILL:
An act
to amend the executive law, in relation to directing the division of
criminal justice services to accept electronic submission of reports or
other information from local law enforcement agencies

PURPOSE:
To ensure that DCJS improves its operations by working with local
police departments that are streamlining and improving their
operations through electronic record-keeping and transmittal.

SUMMARY OF PROVISIONS:
Section 1: Directs DCJS to take steps to be able to accept electronic
versions of uniform crime reports, incident-based reports, domestic
incident reports and sex offender change of address forms.

Section 2: Effective date.

JUSTIFICATION:
DCJS currently serves as a central repository for criminal justice
information throughout New York State. pursuant to that mission,
copies of a variety of records maintained by local police departments
and jurisdictions must be transmitted to DCJS, where they are used to
identify and forecast trends, research and to share information with
the public, other states, and the federal government and between law
enforcement jurisdictions.

The method of transmission of such information, however, is severely
outdated. Local law enforcement agencies must submit paper copies of
uniform crime reports, incident-based reports, domestic incident
reports and sex offender change of address forms in print format
only. This necessitates law enforcement agencies paying for postage
and using up staff time to make copies and address envelopes. And
once these forms arrive at DCJS, they must be routed to their
appropriate destinations, where DCJS staff spends time manually
inputting these paper copies into DCJS systems. This is a
labor-intensive, time-consuming process that is wasteful,
unnecessary, causes days or weeks of delay in updating information,
and as a result harms victims and the interests of justice.

Most problematically, DCJS forbids the aforementioned records to be
transmitted electronically.
This is the case even if local law enforcement departments have begun
planning for the future
and investing in digitizing their forms and procedures. As a result of
this ban, localities do not reap the full benefits and cost savings
of their information technology improvements. In effect, DCJS's
refusal to accept electronic records is discouraging innovation in
law enforcement record-keeping throughout New York State.

On December 14, 2011, DCJS announced the launch of a Domestic Incident
Report (DIR) Repository, which allows law enforcement agencies access
to information critical to identifying patterns of threats and abuse
within the home, even when individuals move between different law


enforcement jurisdictions. This action by DCJS signals the importance
of providing law enforcement the most up-to-date information to be
able to charge abusers and remove victims from harm's path. However,
DCJS has failed to make commensurate improvements in how the
information is actually uploaded into the Repository.

This legislation asks the DCJS Commissioner to look towards the future
and to layout a comprehensive plan whereby DCJS will actively work
with localities to reduce the time and cost associated with criminal
justice record transmission. This will lead to more up-to-date
information available to law enforcement, improve the administration
of justice and lead to improved outcomes for victims of domestic
violence and other crimes.

LEGISLATIVE HISTORY:
2011-12: S.6427/A.9340 Passed Senate/Referred to Codes

FISCAL IMPLICATIONS:
Initial cost in regards to developing a system to accept electronic
records, but greater long-term efficiency savings.

LOCAL FISCAL IMPLICATIONS:
Savings for localities throughout New York State having to do with not
mailing physical copies of records to DCJS.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law; provided that,
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed by the commissioner of the division of criminal justice
services on or before such effective date.

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

                                   101

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to directing the division
  of criminal  justice  services  to  accept  electronic  submission  of
  reports or other information from local law enforcement agencies

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

  Section 1. Section 837-a of the executive law is amended by  adding  a
new subdivision 10 to read as follows:
  10.  ACCEPT FROM LOCAL LAW ENFORCEMENT AGENCIES DELIVERY BY ELECTRONIC
MEANS OF ALL REPORTS OR OTHER  INFORMATION  AND  DATA  WITH  RESPECT  TO
CRIMES,  WHICH ARE COLLECTED BY THE DIVISION, INCLUDING, BUT NOT LIMITED
TO, UNIFORM CRIME REPORTS,  INCIDENT-BASED  REPORTS,  DOMESTIC  INCIDENT
REPORTS AND SEX OFFENDER CHANGE OF ADDRESS INFORMATION. TO THE EXTENT OF
SUCH TRANSMITTAL OR TRANSMITTALS, SUCH ACTION BY A LOCAL LAW ENFORCEMENT
AGENCY  SHALL  BE  DEEMED  TO SATISFY RESPONSIBILITIES OTHERWISE IMPOSED
UPON SUCH AGENCY BY LAW, RULE OR REGULATION.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law; provided that,  effec-
tive  immediately,  the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed by the commis-
sioner of the division of criminal justice services on  or  before  such
effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01969-01-3

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