S T A T E O F N E W Y O R K
________________________________________________________________________
3778
2017-2018 Regular Sessions
I N A S S E M B L Y
January 30, 2017
___________
Introduced by M. of A. AUBRY -- 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 to track the
number of permanent orders of protection issued annually
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 OR PRIVATE AGENCY, INCLUDING LAW ENFORCEMENT AGEN-
CIES, COLLECT AND ANALYZE STATISTICAL AND ALL OTHER INFORMATION AND DATA
WITH RESPECT TO THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED, THE
NUMBER OF PERMANENT ORDERS OF PROTECTION REPORTED TO OR INVESTIGATED BY
THE DIVISION OF STATE POLICE, AND ALL OTHER POLICE OR PEACE OFFICERS AS
VIOLATED, THE NUMBER OF PERSONS ARRESTED FOR VIOLATING SUCH ORDERS OF
PROTECTION, ANY ADDITIONAL OFFENSES FOR WHICH THE PERSON WAS ARRESTED
FOR WHILE VIOLATING SUCH ORDERS OF PROTECTION, 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 OFFENSE TO WHICH THE DEFEND-
ANT PLED GUILTY, THE OFFENSE 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.
§ 2. Section 216 of the judiciary law is amended by adding a new
subdivision 5 to read as follows:
5. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA IN
RELATION TO THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED IN ALL
COURTS PURSUANT TO SUBDIVISION FOUR-D OF SECTION EIGHT HUNDRED THIRTY-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08251-01-7
A. 3778 2
SEVEN OF THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO THE FOLLOWING
INFORMATION:
(A) THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED;
(B) THE NUMBER OF PERMANENT ORDERS OF PROTECTION REPORTED AS VIOLATED;
(C) THE NUMBER OF PERSONS ARRESTED FOR VIOLATING SUCH ORDERS OF
PROTECTION;
(D) ANY ADDITIONAL OFFENSES WHICH SUCH PERSONS WERE ARRESTED FOR WHILE
VIOLATING SUCH ORDERS OF PROTECTION;
(E) THE COUNTY WITHIN WHICH THE ACCUSATORY INSTRUMENT WAS FILED;
(F) THE DISPOSITION; AND
(G) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR.
IN EXECUTING THIS REQUIREMENT, THE CHIEF ADMINISTRATOR MAY ADOPT RULES
REQUIRING APPROPRIATE LAW ENFORCEMENT, 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 ADMINISTRATOR SHALL PRESCRIBE, THE INFORMATION
SPECIFIED HEREIN.
§ 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.