Assembly Bill A7737A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7737--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on  Judiciary  -- recommitted to the Committee on Judiciary in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the judiciary law, in relation to requiring data report-
   ing by the  chief  administrator  to  delineate  specific  information
   relating to all courts in the unified court system, including town and
   village courts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 2 of section 212 of the  judi-
 ciary  law,  as  amended by chapter 323 of the laws of 1987, the closing
 paragraph as amended by chapter 349 of the laws of 1995, is  amended  to
 read as follows:
   (e)  Prepare  forms  and  compile AND PUBLISH data on family offenses,
 proceedings or actions in all courts[,] IN  THE  UNIFIED  COURT  SYSTEM,
 INCLUDING  TOWN  AND  VILLAGE  COURTS,  including but not limited to the
 following information:
   (i) the offense alleged;
   (ii) the relationship of the alleged offender  to  the  petitioner  or
 complainant;
   (iii) the court where the action or proceeding was instituted;
   (iv) the disposition; and
   (v) in the case of dismissal, the reasons therefor.
   In executing this requirement, the chief administrator may adopt rules
 requiring  appropriate  law  enforcement or criminal justice agencies to
 identify actions and proceedings involving  family  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.
   The chief administrator of the courts shall adopt rules to  facilitate
 record  sharing and other communication among [the supreme, criminal and
 family] ALL COURTS IN THE  UNIFIED  COURT  SYSTEM,  INCLUDING  TOWN  AND
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10553-04-4
 A. 7737--A                          2
 
 VILLAGE  courts,  subject  to  applicable  provisions  of  the  domestic
 relations law, criminal procedure law and the family court act  pertain-
 ing  to  the  confidentiality, expungement and sealing of records, where
 such   courts  exercise  concurrent  jurisdiction  over  family  offense
 proceedings or proceedings involving orders of protection.
   § 2. The opening paragraphs of paragraphs (u-1) and (v-1) of  subdivi-
 sion  2  of section 212 of the judiciary law, as added by chapter 102 of
 the laws of 2020, are amended to read as follows:
   Compile and publish data on misdemeanor offenses in all courts IN  THE
 UNIFIED COURT SYSTEM INCLUDING TOWN AND VILLAGE COURTS, disaggregated by
 county, AND BY INDIVIDUAL COURT, including the following information:
   Compile and publish data on violations, to the greatest extent practi-
 cable,  in  all  courts  IN  THE UNIFIED COURT SYSTEM INCLUDING TOWN AND
 VILLAGE COURTS,  disaggregated  by  county,  AND  BY  INDIVIDUAL  COURT,
 including the following information:
   §  3. Paragraph (w-1) of subdivision 2 of section 212 of the judiciary
 law, as added by chapter 102 of the laws of 2020, is amended to read  as
 follows:
   (w-1)  The  chief administrator shall include the information required
 by paragraphs (u-1) [and], (v-1), AND (FF) 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  administra-
 tor  shall also make the information required by paragraphs (u-1) [and],
 (v-1), AND (FF) 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.
   § 4. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding two new paragraphs (ff) and (gg) to read as follows:
   (FF)  PREPARE  FORMS AND COMPILE AND PUBLISH DATA ON EVICTION FILINGS,
 PROCEEDINGS OR ACTIONS IN  ALL  COURTS  IN  THE  UNIFIED  COURT  SYSTEM,
 INCLUDING TOWN AND VILLAGE COURTS, DISAGGREGATED BY COUNTY, AND BY INDI-
 VIDUAL COURT, INCLUDING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
   (I) THE TOTAL NUMBER OF EVICTION FILINGS IN EACH COURT BY MONTH;
   (II) THE NUMBER OF HOLDOVER PROCEEDINGS VERSUS NONPAYMENT PROCEEDINGS;
   (III) THE COURT WHERE THE ACTION OR PROCEEDING WAS INSTITUTED;
   (IV) THE DISPOSITION OF THE PROCEEDING, INCLUDING WHETHER A WARRANT OF
 EVICTION WAS ISSUED OR STAYED; AND
   (V) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR.
   (GG)  IN ADDITION TO THE DATA REPORTING REQUIRED UNDER PARAGRAPHS (E),
 (U-1), (V-1), (W-1), AND (FF) OF THIS SUBDIVISION,  WHEREVER  THE  CHIEF
 ADMINISTRATOR  IS REQUIRED TO COMPILE, REPORT, AND MAKE OTHER COURT DATA
 PUBLICLY AVAILABLE, OR WHEREVER THE CHIEF ADMINISTRATOR OPTS TO  REQUIRE
 SUCH  COLLECTION, REPORTING, AND PUBLIC AVAILABILITY OF DATA, THIS SHALL
 INCLUDE DATA FROM ALL COURTS IN THE UNIFIED COURT SYSTEM, INCLUDING TOWN
 AND VILLAGE COURTS, DISAGGREGATED BY COUNTY AND BY INDIVIDUAL COURT.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, sections one and  two  of
 this  act  shall  take effect one year after it shall have become a law;
 and provided, further, the amendments to the opening paragraph of  para-
 graph (v-1) of subdivision 2 of section 212 of the judiciary law made by
 section  two of this act shall take effect two years after it shall have
 become a law.