S T A T E   O F   N E W   Y O R K
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                                 7698--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 22, 2015
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Assembly Rule 3, sec. 2 -- 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.
  S  2.  Subdivision 2 of section 212 of the judiciary law is amended by
adding six new paragraphs (u), (v), (w), (x), (y) and  (z)  to  read  as
follows:
  (U)  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11204-07-6
              

A. 7698--A                          2

  (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) 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)  THE CHIEF ADMINISTRATOR SHALL INCLUDE THE INFORMATION REQUIRED BY
PARAGRAPHS (U) AND (V) OF THIS SUBDIVISION IN THE ANNUAL REPORT  SUBMIT-
TED  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) AND (V) 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) AND (V) 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) AND (V) 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.
  (Z)  IN  EXECUTING  THE REQUIREMENTS OF PARAGRAPHS (U) AND (V) 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

A. 7698--A                          3

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.
  S  3.  The  executive  law is amended by adding a new section 837-s to
read as follows:
  S 837-S. 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 SIXTEEN AND ENDING
DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN AND SHALL  BE  PRESENTED  NO
LATER  THAN  FEBRUARY  FIRST, TWO THOUSAND SEVENTEEN.   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.
  S 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 a section one of this act,  shall  survive  the  expiration  and
reversion  of  such  section as provided in section 11 of chapter 237 of
the laws of 2015, as amended.