NY State Senate Bill S147

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2017	referred to codes

Co-Sponsors

S147 (ACTIVE) - Details

See Assembly Version of this Bill:: A5946
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §10.40, CP L; amd §212, Judy L; add §837-t, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6001, A7698
2019-2020: S1830, A10609

S147 (ACTIVE) - Summary

Relates to the functions of the chief administrator of the courts; relates to reporting requirements.

S147 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S147

 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 SPECIFIC PROVISIONS :

Amends the judiciary law to authorize 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
*If the case is dismissed, why it was dismissed
*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.
*States that nothing in the section grants authority to the chief
administrator to release sensitive personal data.
*Requires the chief of every police department, county sheriff, and
superintendent of state police shall 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.

The data reported to DCJS shall include: *the number of arrest-related
deaths

*race, ethnicity, age, and sex of individual
*zip code or location where death occurred
*brief description of circumstances surrounding the death This data
will be presented in an annual report to the governor and legislature.
The initial report will cover from July 2015 to December 2015 and be
presented to the legislature no later than February 1st, 2016.
Subsequent reports will be for a full year of data and be presented no
later than February 1st of any year.

The data collected must be made available online and updated monthly.
It must be in an alphanumeric form and cannot be in pdf form or
scanned copies of originals.

 JUSTIFICATION :

Reporting is necessary to provide metrics by which the public and
policy makers can evaluate the effectiveness of existing criminal
justice policies.

 PRIOR LEGISLATIVE HISTORY :

2016: S6001A/A7698A - REFERRED TO RULES/ passed assembly
2015:  S6001/A7698 - REFERRED TO RULES/ referred to rules

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

S147 (ACTIVE) - Bill Text download pdf


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

                                   147

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by Sens. SQUADRON, PARKER, PERKINS, RIVERA -- read twice and
  ordered printed, and when printed to be committed 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:

  Section  1.  Subdivision  1 of section 10.40 of the criminal procedure
law, as amended by chapter 237 of the laws of 2015, is amended  to  read
as follows:
  1.  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  (Z)  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.
  § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
adding  six  new  paragraphs  (u), (v), (w), (x), (y) and (z) to read as
follows:
  (U) COMPILE AND PUBLISH DATA ON MISDEMEANOR OFFENSES  IN  ALL  COURTS,
DISAGGREGATED BY COUNTY, INCLUDING THE FOLLOWING INFORMATION:
  (I) THE AGGREGATE NUMBER OF MISDEMEANORS CHARGED, BY INDICTMENT OR THE
FILING OF A MISDEMEANOR COMPLAINT OR INFORMATION;
  (II) THE OFFENSE CHARGED;
  (III) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
  (IV) WHETHER THE INDIVIDUAL WAS ISSUED A SUMMONS OR APPEARANCE TICKET,
WAS  SUBJECT  TO  CUSTODIAL  ARREST, AND/OR WAS HELD TO ARRAIGNMENT AS A
RESULT OF THE ALLEGED MISDEMEANOR;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00444-01-7

S. 147                              2

  (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 THEREFOR; AND
  (VIII)  THE  SENTENCE  IMPOSED,  IF  ANY,  INCLUDING  FINES, FEES, AND
SURCHARGES.
  (V) COMPILE AND PUBLISH DATA ON VIOLATIONS IN  ALL  COURTS,  DISAGGRE-
GATED BY COUNTY, INCLUDING THE FOLLOWING INFORMATION:
  (I)  THE  AGGREGATE  NUMBER  OF VIOLATIONS CHARGED BY THE FILING OF AN
INFORMATION;
  (II) THE VIOLATION CHARGED;
  (III) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL CHARGED;
  (IV) WHETHER THE INDIVIDUAL WAS ISSUED A SUMMONS OR 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 THEREFOR; AND
  (VIII) THE SENTENCE  IMPOSED,  IF  ANY,  INCLUDING  FINES,  FEES,  AND
SURCHARGES.
  (W)  THE CHIEF ADMINISTRATOR SHALL INCLUDE THE INFORMATION REQUIRED BY
PARAGRAPHS (U) AND (V) OF THIS SUBDIVISION IN THE ANNUAL REPORT  SUBMIT-
TED  TO  THE  LEGISLATURE  AND THE GOVERNOR PURSUANT TO PARAGRAPH (J) OF
SUBDIVISION ONE OF THIS SECTION. THE CHIEF ADMINISTRATOR SHALL ALSO MAKE
THE INFORMATION REQUIRED BY PARAGRAPHS (U) AND (V) OF  THIS  SUBDIVISION
AVAILABLE  TO  THE  PUBLIC BY POSTING IT ON THE WEBSITE OF THE OFFICE OF
COURT ADMINISTRATION AND SHALL UPDATE  SUCH  INFORMATION  ON  A  MONTHLY
BASIS.  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.
  (X)  NOTHING  IN  PARAGRAPHS  (U) AND (V) OF THIS SUBDIVISION SHALL BE
CONSTRUED AS GRANTING AUTHORITY TO THE CHIEF ADMINISTRATOR,  A  CRIMINAL
JUSTICE  OR  LAW ENFORCEMENT AGENCY, A GOVERNMENTAL ENTITY, OR ANY AGENT
OR REPRESENTATIVE OF THE FOREGOING, TO USE, DISSEMINATE, OR PUBLISH  ANY
INDIVIDUAL'S  NAME, DATE OF BIRTH, NYSID, SOCIAL SECURITY NUMBER, DOCKET
NUMBER, OR OTHER UNIQUE IDENTIFIER IN VIOLATION OF THE  CRIMINAL  PROCE-
DURE LAW, THE GENERAL BUSINESS LAW, OR ANY OTHER LAW.
  (Y)  NOTHING  IN  PARAGRAPHS  (U) AND (V) OF THIS SUBDIVISION SHALL BE
CONSTRUED AS GRANTING AUTHORITY TO THE CHIEF ADMINISTRATOR,  A  CRIMINAL
JUSTICE  OR  LAW  ENFORCEMENT  AGENCY, A GOVERNMENTAL ENTITY, A PARTY, A
JUDGE, A PROSECUTOR, OR ANY  AGENT OR REPRESENTATIVE OF THE FOREGOING TO
INTRODUCE, USE, DISSEMINATE, PUBLISH OR  CONSIDER  ANY  RECORDS  IN  ANY
JUDICIAL  OR ADMINISTRATIVE PROCEEDING EXPUNGED OR SEALED UNDER APPLICA-
BLE PROVISIONS OF THE CRIMINAL PROCEDURE LAW, THE FAMILY COURT  ACT,  OR
ANY OTHER LAW.
  (Z)  IN  EXECUTING  THE REQUIREMENTS OF PARAGRAPHS (U) AND (V) OF THIS
SECTION, THE CHIEF ADMINISTRATOR MAY ADOPT  RULES  CONSISTENT  WITH  THE
REQUIREMENTS  OF  PARAGRAPHS  (X)  AND (Y) OF THIS SUBDIVISION 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  ADMINISTRATOR  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

S. 147                              3

COMMUNICATION AMONG THE CRIMINAL COURTS AND  LAW  ENFORCEMENT  AGENCIES,
SUBJECT  TO  APPLICABLE  PROVISIONS  OF  THE CRIMINAL PROCEDURE LAW, THE
FAMILY COURT ACT, AND ANY OTHER LAW PERTAINING TO  THE  CONFIDENTIALITY,
EXPUNGEMENT AND SEALING OF RECORDS.
  §  3.  The  executive  law is amended by adding a new section 837-t to
read as follows:
  § 837-T. REPORTING DUTIES OF LAW ENFORCEMENT DEPARTMENTS WITH  RESPECT
TO  ARREST-RELATED DEATHS. 1. THE CHIEF OF EVERY POLICE DEPARTMENT, EACH
COUNTY SHERIFF, AND THE SUPERINTENDENT OF STATE  POLICE  SHALL  PROMPTLY
REPORT  TO THE DIVISION ANY ARREST-RELATED DEATH, DISAGGREGATED BY COUN-
TY. AN ARREST-RELATED DEATH IS A DEATH THAT OCCURS DURING  LAW  ENFORCE-
MENT  CUSTODY  OR  AN  ATTEMPT  TO  ESTABLISH CUSTODY INCLUDING, BUT NOT
LIMITED TO, DEATHS CAUSED BY ANY USE OF FORCE. THE  DATA  SHALL  INCLUDE
THE FOLLOWING INFORMATION:
  (A) THE NUMBER OF ARREST-RELATED DEATHS;
  (B) THE RACE, ETHNICITY, AGE, AND SEX OF THE INDIVIDUAL;
  (C) THE ZIP CODE OR LOCATION WHERE THE DEATH OCCURRED; AND
  (D)  A  BRIEF DESCRIPTION OF THE CIRCUMSTANCES SURROUNDING THE ARREST-
RELATED DEATH.
  2. THE DIVISION SHALL PRESENT TO THE GOVERNOR AND THE  LEGISLATURE  AN
ANNUAL  REPORT CONTAINING THE INFORMATION REQUIRED BY SUBDIVISION ONE OF
THIS SECTION. THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION  SHALL  BE
FOR  THE  PERIOD BEGINNING JULY FIRST, TWO THOUSAND SEVENTEEN AND ENDING
DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN AND SHALL BE PRESENTED  NO
LATER  THAN  FEBRUARY  FIRST,  TWO THOUSAND EIGHTEEN.   THEREAFTER, EACH
ANNUAL REPORT SHALL BE PRESENTED NO LATER THAN FEBRUARY FIRST.
  3. THE DIVISION SHALL MAKE THE INFORMATION REQUIRED BY SUBDIVISION ONE
OF THIS SECTION AVAILABLE TO THE PUBLIC BY POSTING IT ON THE WEBSITE  OF
THE  DIVISION  AND SHALL UPDATE SUCH INFORMATION ON A MONTHLY BASIS. 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.
  § 4. This act shall take effect immediately; provided that the  amend-
ment  to  subdivision  1 of section 10.40 of the criminal procedure law,
made by section one of this act, shall survive the expiration and rever-
sion of such section as provided in section 11 of  chapter  237  of  the
laws of 2015, as amended.

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The New York State Senate

senate Bill S147

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Co-Sponsors

S147 (ACTIVE) - Details

S147 (ACTIVE) - Summary

S147 (ACTIVE) - Sponsor Memo

S147 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S147

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Your Voice

Actions

Co-Sponsors

S147 (ACTIVE) - Details

S147 (ACTIVE) - Summary

S147 (ACTIVE) - Sponsor Memo

S147 (ACTIVE) - Bill Text download pdf

Comments