The New York State Senate

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

                                 5946--A
                                                        Cal. No. 427

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2017
                               ___________

Introduced  by  M.  of  A.  LENTOL,  ABINANTI,  NIOU, SEPULVEDA, MOSLEY,
  WEPRIN, WILLIAMS, QUART, HARRIS, PERRY, PICHARDO, BLAKE, BARRON, WALK-
  ER, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.  LIFTON  --  read
  once  and  referred  to  the  Committee on Codes -- ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

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.

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

                      [ ] is old law to be omitted.
                                                           LBD00444-03-7

A. 5946--A                          2

  §  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:
  (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

A. 5946--A                          3

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
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.