S T A T E   O F   N E W   Y O R K
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                                  3221

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the executive law and the judiciary law, in relation to
  requiring the division of  criminal  justice  services  to  track  the
  number of permanent orders of protection issued annually

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 837 of the executive law is amended by adding a new
subdivision 4-d to read as follows:
  4-D. IN COOPERATION WITH THE CHIEF ADMINISTRATOR OF THE COURTS AS WELL
AS ANY OTHER PUBLIC OR PRIVATE AGENCY, INCLUDING LAW  ENFORCEMENT  AGEN-
CIES, COLLECT AND ANALYZE STATISTICAL AND ALL OTHER INFORMATION AND DATA
WITH RESPECT TO THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED, THE
NUMBER  OF PERMANENT ORDERS OF PROTECTION REPORTED TO OR INVESTIGATED BY
THE DIVISION OF STATE POLICE, AND ALL OTHER POLICE OR PEACE OFFICERS  AS
VIOLATED,  THE  NUMBER  OF PERSONS ARRESTED FOR VIOLATING SUCH ORDERS OF
PROTECTION, ANY ADDITIONAL OFFENSES FOR WHICH THE  PERSON  WAS  ARRESTED
FOR  WHILE  VIOLATING SUCH ORDERS OF PROTECTION, THE COUNTY WITHIN WHICH
THE ARREST WAS MADE AND THE ACCUSATORY INSTRUMENT FILED, THE DISPOSITION
OF THE ACCUSATORY INSTRUMENT FILED, INCLUDING, BUT NOT  LIMITED  TO,  AS
THE  CASE MAY BE, DISMISSAL, ACQUITTAL, THE OFFENSE TO WHICH THE DEFEND-
ANT PLED GUILTY, THE OFFENSE THE DEFENDANT WAS CONVICTED OF AFTER TRIAL,
AND THE SENTENCE IMPOSED. THE DIVISION SHALL INCLUDE THE STATISTICS  AND
OTHER  INFORMATION  REQUIRED  BY  THIS  SUBDIVISION IN THE ANNUAL REPORT
SUBMITTED TO THE GOVERNOR AND LEGISLATURE PURSUANT TO SUBDIVISION TWELVE
OF THIS SECTION.
  S 2. Section 216 of the judiciary law  is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  THE  CHIEF  ADMINISTRATOR  OF  THE  COURTS  SHALL  COLLECT DATA IN
RELATION TO THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED  IN  ALL
COURTS   PURSUANT   TO  SUBDIVISION  FOUR-D  OF  SECTION  EIGHT  HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00997-01-1
              

A. 3221                             2

THIRTY-SEVEN OF THE EXECUTIVE LAW, INCLUDING  BUT  NOT  LIMITED  TO  THE
FOLLOWING INFORMATION:
  (A) THE NUMBER OF PERMANENT ORDERS OF PROTECTION ISSUED;
  (B) THE NUMBER OF PERMANENT ORDERS OF PROTECTION REPORTED AS VIOLATED;
  (C)  THE  NUMBER  OF  PERSONS  ARRESTED  FOR  VIOLATING SUCH ORDERS OF
PROTECTION;
  (D) ANY ADDITIONAL OFFENSES WHICH SUCH PERSONS WERE ARRESTED FOR WHILE
VIOLATING SUCH ORDERS OF PROTECTION;
  (E) THE COUNTY WITHIN WHICH THE ACCUSATORY INSTRUMENT WAS FILED;
  (F) THE DISPOSITION; AND
  (G) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR.
  IN EXECUTING THIS REQUIREMENT, THE CHIEF ADMINISTRATOR MAY ADOPT RULES
REQUIRING APPROPRIATE LAW ENFORCEMENT, DISTRICT ATTORNEYS AND COURTS  TO
IDENTIFY  ACTIONS  AND  PROCEEDINGS  INVOLVING ORDERS OF PROTECTION 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.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the chief administrator of the
courts is authorized to promulgate any and all rules and regulations and
take any other measures necessary to implement this act on its effective
date on or before such date.