S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10609
 
                           I N  A S S E M B L Y
 
                               June 5, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Lentol,
   Mosley, Darling, Frontus, Perry, Aubry, Quart,  Barron,  D. Rosenthal,
   De La Rosa, Epstein, Hevesi, Fernandez, Pichardo, L. Rosenthal, Blake,
   Taylor,  Reyes, Gottfried, Niou, O'Donnell, Cruz, Simon, Kim, Simotas,
   Glick, Carroll, Rozic, Wright, Jaffee,  Ortiz,  Barnwell,  Richardson,
   Magnarelli,  Vanel,  Otis,  Davila)  --  read once and referred 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-1) 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-1) 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.
                                                            LBD07856-14-0
              

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   § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding six new paragraphs (u-1), (v-1), (w-1), (x-1), (y-1) and (z-1) 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 PRIOR TO ARRAIGNMENT AS
 A RESULT OF THE ALLEGED MISDEMEANOR;
   (V) THE PRECINCT 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, TO THE GREATEST EXTENT
 PRACTICABLE, IN ALL  COURTS,  DISAGGREGATED  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 PRIOR TO ARRAIGNMENT AS
 A RESULT OF THE ALLEGED VIOLATION;
   (V) THE PRECINCT 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-1) 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-1) NOTHING IN PARAGRAPHS (U-1) AND (V-1) OF THIS SUBDIVISION  SHALL
 BE  CONSTRUED AS GRANTING AUTHORITY TO THE CHIEF ADMINISTRATOR, A CRIMI-
 NAL 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 PROCEDURE LAW, THE GENERAL BUSINESS LAW, OR ANY OTHER LAW.
   (Y-1) NOTHING IN PARAGRAPHS (U-1) AND (V-1) OF THIS SUBDIVISION  SHALL
 BE  CONSTRUED AS GRANTING AUTHORITY TO THE CHIEF ADMINISTRATOR, A CRIMI-
 NAL JUSTICE OR LAW ENFORCEMENT AGENCY, A GOVERNMENTAL ENTITY, A PARTY, A
 JUDGE, A PROSECUTOR, OR ANY  AGENT OR REPRESENTATIVE OF THE FOREGOING TO

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 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-1)  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-1) AND (Y-1) OF THIS SUBDIVISION TO
 SECURE THE INFORMATION SPECIFIED HEREIN FROM THE  OFFICE  OF  THE  STATE
 COMPTROLLER  IN  SUCH  FORM  AND MANNER AS THE CHIEF ADMINISTRATOR SHALL
 PRESCRIBE.  FURTHER, TO FACILITATE THIS PROVISION, THE CHIEF ADMINISTRA-
 TOR 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 CONFIDEN-
 TIALITY, EXPUNGEMENT AND SEALING OF RECORDS.
   §  3.  The  executive  law is amended by adding a new section 837-v to
 read as follows:
   § 837-V. 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.  THE DATA SHALL INCLUDE ALL INFORMATION THE  DIVISION  SHALL  REPORT
 PURSUANT TO THE REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION.
   2.    THE INITIAL REPORT REQUIRED BY THIS SUBDIVISION SHALL BE FOR THE
 PERIOD BEGINNING SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION AND
 SHALL BE SUBMITTED ON AN ANNUAL BASIS  THEREAFTER.  EACH  ANNUAL  REPORT
 SHALL BE SUBMITTED 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. WITH RESPECT TO THE INFORMATION  REQUIRED  BY  SUBDIVISION
 ONE  OF  THIS  SECTION,  THE DIVISION SHALL UPDATE SUCH INFORMATION ON A
 MONTHLY BASIS AND SUCH INFORMATION SHALL BE POSTED IN ALPHANUMERIC  FORM
 THAT CAN BE DIGITALLY TRANSMITTED OR PROCESSED AND NOT IN PORTABLE DOCU-
 MENT FORMAT OR SCANNED COPIES OF ORIGINAL DOCUMENTS.
   4. THE DIVISION SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE REPORT-
 ING  OF  DATA  FROM  LAW  ENFORCEMENT DEPARTMENTS SUFFICIENT TO MAKE THE
 REPORTS REQUIRED BY SUBDIVISION FIVE OF THIS SECTION.
   5. THE DIVISION SHALL SUBMIT TO THE GOVERNOR AND  THE  LEGISLATURE  AN
 ANNUAL  REPORT  OF  ARREST-RELATED  DEATHS  DISAGGREGATED  BY COUNTY. AN
 ARREST-RELATED DEATH IS A DEATH THAT OCCURS WHILE AN  INDIVIDUAL  IS  IN
 LAW  ENFORCEMENT  CUSTODY  OR  DURING  AN  ATTEMPT  TO ESTABLISH CUSTODY
 INCLUDING, BUT NOT LIMITED TO, DEATHS CAUSED BY ANY USE OF  FORCE.  SUCH
 REPORT 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that the amendment 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.