NY State Senate Bill 2017-S7002

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes

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2017-S7002 (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

2017-S7002 (ACTIVE) - Summary

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

2017-S7002 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7002

SPONSOR: HOYLMAN
 
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 admin-
istrator 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. Subse-
quent 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 poli-
cies.

 
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

2017-S7002 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7002
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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.
   §  1-a. Section 10.40 of the criminal procedure law, as added by chap-
 ter 47 of the laws of 1984, is amended to read as follows:
 § 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  (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-1), (v-1), (w), (x), (y) and (z) to read as
 follows:
   (U-1)  COMPILE AND PUBLISH DATA ON MISDEMEANOR OFFENSES IN ALL COURTS,
 DISAGGREGATED BY COUNTY, INCLUDING THE FOLLOWING INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00444-02-7

 S. 7002                             2
 
   (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;
   (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-1)  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-1)  AND  (V-1)  OF  THIS SUBDIVISION IN THE ANNUAL REPORT
 SUBMITTED 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-1)  AND  (V-1)  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-1) AND (V-1) 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-1) AND (V-1) 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-1)  AND  (V-1)  OF
 THIS  SECTION,  THE  CHIEF ADMINISTRATOR MAY ADOPT RULES CONSISTENT WITH

 S. 7002                             3
 
 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
 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  EIGHTEEN  AND  ENDING
 DECEMBER  THIRTY-FIRST,  TWO THOUSAND EIGHTEEN AND SHALL BE PRESENTED NO
 LATER THAN FEBRUARY FIRST, TWO  THOUSAND  NINETEEN.    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 be subject to the expiration and
 reversion of such section as provided in section 11 of  chapter  237  of
 the  laws  of  2015,  as  amended, when upon such date the provisions of
 section one-a of this act shall take effect.

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Senate Bill S7002

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S7002 (ACTIVE) - Details

2017-S7002 (ACTIVE) - Summary

2017-S7002 (ACTIVE) - Sponsor Memo

2017-S7002 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7002

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2017-S7002 (ACTIVE) - Details

2017-S7002 (ACTIVE) - Summary

2017-S7002 (ACTIVE) - Sponsor Memo

2017-S7002 (ACTIVE) - Bill Text download pdf

Comments