NY State Senate Bill S1830C

Archive: Last Bill Status Via A10609 - Signed by Governor

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

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2020	signed chap.102 delivered to governor
Jun 08, 2020	returned to assembly passed senate 3rd reading cal.675 substituted for s1830c
Jun 08, 2020	substituted by a10609 ordered to third reading cal.675 reported and committed to finance
Jun 05, 2020	print number 1830c
Jun 05, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
May 10, 2019	print number 1830b
May 10, 2019	amend and recommit to finance
Apr 08, 2019	reported and committed to finance
Feb 06, 2019	print number 1830a
Feb 06, 2019	amend and recommit to codes
Jan 16, 2019	referred to codes

Votes

view votes

Jun 8, 2020 - floor Vote

A10609

floor

Aye

Nay

Absent

Excused

Abstained

Jun 8, 2020 - Finance committee Vote

S1830C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 28, 2020 - Rules committee Vote

S1830C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Apr 8, 2019 - Codes committee Vote

S1830A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show committee vote details

Committee Vote: Apr 8, 2019

aye (8)

nay (2)

aye wr (2)

excused (1)

O'Mara

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

S1830 - Details

See Assembly Version of this Bill:: A10609
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §10.40, CP L; amd §212, Judy L; add §837-v, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6001, A7698
2017-2018: S147, S7002, A5946

S1830 - Summary

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

S1830 - Sponsor Memo

 
BILL NUMBER: S1830

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'up ated 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:

S.7002 of 2017-2018 (Hoylman): Died in Codes

A.5946-A of 2017-2018 (Abinanti): Passed Assembly

2016: S6001A/A7698A - REFERRED TO RULES/ passed assembly

2015: S6001/A708 - REFERRED TO RULES/ referred to rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

S1830 - Bill Text download pdf


                    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.

Co-Sponsors

view additional co-sponsors

S1830A - Details

See Assembly Version of this Bill:: A10609
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §10.40, CP L; amd §212, Judy L; add §837-v, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6001, A7698
2017-2018: S147, S7002, A5946

S1830A - Summary

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

S1830A - Sponsor Memo

 
BILL NUMBER: S1830A

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.

Amends the executive law to require the chief of every police depart-
ment, county sheriff, and superintendent of state police to promptly
report to the Division of Criminal Justice Services 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 submitted in an annual report to the governor and legislature.
The initial report will cover from July 2020 to December 2020 and be
submitted to the legislature no later than February 1st, 2021. Subse-
quent reports will cover a full year of data and be submitted no later
than February 1st of any year.

The data collected must be made available online, updated monthly, and
in an alphanumeric form.

 
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:

S.7002 of 2017-2018 (Hoylman): Died in Codes
A.5946-A of 2017-2018 (Lentol): Passed Assembly
2016: S6001A/A7698A - REFERRED TO RULES/ passed assembly
2015: S6001/A708 - REFERRED TO RULES/ referred to rules

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

S1830A - Bill Text download pdf


                    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.

Co-Sponsors

view additional co-sponsors

S1830B - Details

See Assembly Version of this Bill:: A10609
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §10.40, CP L; amd §212, Judy L; add §837-v, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6001, A7698
2017-2018: S147, S7002, A5946

S1830B - Summary

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

S1830B - Sponsor Memo

 
BILL NUMBER: S1830B

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

o If the case is dismissed, why it was dismissed
o 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..

o 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-relate
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 2020 to December
2020 and be presented to the legislattire no later than February 1st,
2021. 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 poli-
cymakers can evaluate the effectiveness of existing criminal justice
policies.

 
PRIOR LEGISLATIVE HISTORY:

S.7002 of 2017-2018;
A.5946-A of 2017-2018;
2016: S6001A/A7698A;
2015: S6001/A708

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
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.

S1830B - Bill Text download pdf


                    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.

Co-Sponsors

view additional co-sponsors

S1830C (ACTIVE) - Details

See Assembly Version of this Bill:: A10609
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §10.40, CP L; amd §212, Judy L; add §837-v, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6001, A7698
2017-2018: S147, S7002, A5946

S1830C (ACTIVE) - Summary

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

S1830C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1830C

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:

To provide reporting requirements related to misdemeanors and
violations.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill authorizes the Chief Administrator of the Court to
proscribe the forms needed to comply with reporting requirements laid
out in the bill.

Section 2 of the bill explains OCA's expanded reporting requirements as

outlined in the bill and additional responsibilities to protect the
data.

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

* 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.

Section 3 of the bill requires reporting on arrest-related deaths.

* 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.  o 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.
This data will be presented in an annual report to the governor and
Legislature and is to 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.

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

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

 
LEGISLATIVE HISTORY:

S.7002 of 2017-2018;

A.5946-A of 2017-2018;

2016: S6001A/A7698A;

2015: S6001/A708

 
FISCAL IMPLICATIONS:

Minimal

 
EFFECTIVE DATE:
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.

S1830C (ACTIVE) - Bill Text download pdf


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

                                 1830--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced  by Sens. HOYLMAN, BAILEY, BENJAMIN, BIAGGI, BRESLIN, COMRIE,
  GIANARIS, GOUNARDES, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MONTGOMERY,
  MYRIE, PARKER, RAMOS, RIVERA, SALAZAR,  SANDERS,  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 commit-
  tee -- 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 --  recommitted
  to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07856-13-0

S. 1830--C                          2

  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.
  §  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

S. 1830--C                          3

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
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.

S. 1830--C                          4

  § 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.

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The New York State Senate

senate Bill S1830C

Sponsored By

Archive: Last Bill Status Via A10609 - Signed by Governor

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Votes

Jun 8, 2020 - floor Vote

Floor Vote: Jun 8, 2020

Jun 8, 2020 - Finance committee Vote

Finance Committee Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

Apr 8, 2019 - Codes committee Vote

Committee Vote: Apr 8, 2019

Bill Amendments

Co-Sponsors

S1830 - Details

S1830 - Summary

S1830 - Sponsor Memo

S1830 - Bill Text download pdf

Co-Sponsors

S1830A - Details

S1830A - Summary

S1830A - Sponsor Memo

S1830A - Bill Text download pdf

Co-Sponsors

S1830B - Details

S1830B - Summary

S1830B - Sponsor Memo

S1830B - Bill Text download pdf

Co-Sponsors

S1830C (ACTIVE) - Details

S1830C (ACTIVE) - Summary

S1830C (ACTIVE) - Sponsor Memo

S1830C (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1830C

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Sponsored By

Archive: Last Bill Status Via A10609 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2020 - floor Vote

Floor Vote: Jun 8, 2020

Jun 8, 2020 - Finance committee Vote

Finance Committee Vote: Jun 8, 2020

May 28, 2020 - Rules committee Vote

Rules Committee Vote: May 28, 2020

Apr 8, 2019 - Codes committee Vote

Committee Vote: Apr 8, 2019

Bill Amendments

Co-Sponsors

S1830 - Details

S1830 - Summary

S1830 - Sponsor Memo

S1830 - Bill Text download pdf

Co-Sponsors

S1830A - Details

S1830A - Summary

S1830A - Sponsor Memo

S1830A - Bill Text download pdf

Co-Sponsors

S1830B - Details

S1830B - Summary

S1830B - Sponsor Memo

S1830B - Bill Text download pdf

Co-Sponsors

S1830C (ACTIVE) - Details

S1830C (ACTIVE) - Summary

S1830C (ACTIVE) - Sponsor Memo

S1830C (ACTIVE) - Bill Text download pdf

Comments