Senate Bill S1830C

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1830
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, BAILEY, BENJAMIN, PARKER, SEPULVEDA -- 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-1), (x), (y) and (z) to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07856-01-9

 S. 1830                             2
 
   (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-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) 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.

 S. 1830                             3
 
   (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 TWENTY AND ENDING
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY AND  SHALL  BE  PRESENTED  NO
 LATER  THAN  FEBRUARY  FIRST, TWO THOUSAND TWENTY-ONE.  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1830--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, BAILEY, BENJAMIN, PARKER, SEPULVEDA, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee on Codes -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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.
                                                            LBD07856-02-9

              

 S. 1830--A                          2
 
   § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding  six new paragraphs (u-1), (v-1), (w-1), (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-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) 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

 S. 1830--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 SUBMIT 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  TWENTY  AND  ENDING
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY AND SHALL BE SUBMITTED NO
 LATER THAN FEBRUARY FIRST, TWO THOUSAND TWENTY-ONE.    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. 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1830--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, BAILEY, BENJAMIN, BIAGGI, JACKSON, MONTGOM-
   ERY, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee on Codes -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- committee discharged, bill amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07856-05-9

 S. 1830--B                          2
 
 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-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 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-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

 S. 1830--B                          3
 
 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-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
 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 SPEC-
 IFIED HEREIN.  FURTHER, TO FACILITATE THIS PROVISION, THE CHIEF ADMINIS-
 TRATOR SHALL ADOPT RULES TO FACILITATE  RECORD  SHARING,  RETENTION  AND
 OTHER NECESSARY COMMUNICATION AMONG THE CRIMINAL COURTS AND LAW ENFORCE-
 MENT  AGENCIES,  SUBJECT TO APPLICABLE PROVISIONS OF THE CRIMINAL PROCE-
 DURE 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-u to
 read as follows:
   § 837-U. 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 SUBMIT 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 TWENTY AND ENDING
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY AND  SHALL  BE  SUBMITTED  NO
 LATER  THAN  FEBRUARY  FIRST, TWO THOUSAND TWENTY-ONE.  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. 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.