S T A T E   O F   N E W   Y O R K
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                                   10394
 
                           I N  A S S E M B L Y
 
                               May 21, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the judiciary law and the  criminal  procedure  law,  in
   relation to the publication of opinions rendered in criminal causes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may be cited a the
 "criminal court opinion transparency act".
   § 2. Subdivision 1 of section 212 of the judiciary law is  amended  by
 adding a new paragraph (z) to read as follows:
   (Z)  (I) COLLECT, COMPILE, AND PUBLISH ONLINE THE FOLLOWING STATISTICS
 AND RELATED DATA:
   (A) FOR EACH CRIMINAL CASE RESULTING IN AN OPINION SUBJECT TO PUBLICA-
 TION OR REPORTING UNDER ARTICLE FOURTEEN OF THIS CHAPTER:
   (1) INFORMATION ABOUT THE AGE, GENDER, RACIAL AND ETHNIC BACKGROUND OF
 THE DEFENDANT;
   (2) THE NAME OF THE JUDGE ISSUING THE OPINION;
   (3) THE GENERAL ISSUE OR ISSUES ADDRESSED BY THE OPINION;
   (4) WHERE RELEVANT, FOR EACH ISSUE, WHETHER IT WAS GRANTED, DENIED, OR
 DISPOSED OTHERWISE; AND
   (5) THE DATE AND COURT OF ISSUANCE; AND
   (B) FOR EACH YEAR:
   (1) THE NAMES OF ALL JUDGES PRESIDING IN NEW YORK COURTS;
   (2) THE COURT OR COURTS WHERE SUCH JUDGES PRESIDED, THE TYPES OF CASES
 OVER WHICH SUCH JUDGES HAD PRESIDED;
   (3) THE NUMBER OF SUCH JUDGES' DECISIONS THAT WERE PUBLISHED; AND
   (4) THE NUMBER  OF  SUCH  JUDGES'  WRITTEN  DECISIONS  THAT  WERE  NOT
 PUBLISHED.
   (II)  DATA  REGARDING  DEFENDANT CHARACTERISTICS, SUCH AS AGE, GENDER,
 RACIAL AND ETHNIC BACKGROUND, SHALL BE LIMITED TO THE DATA MAINTAINED BY
 THE OFFICE OF COURT ADMINISTRATION AND THE DIVISION OF CRIMINAL  JUSTICE
 SERVICES,  AND  SHALL  BE  PROVIDED  BY  THEM.  THE  FIRST DATA SHALL BE
 PUBLISHED TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS  PARAGRAPH  AND
 SHALL  INCLUDE  DATA  FROM  THE FIRST TWELVE MONTHS FOLLOWING SUCH DATE.
 NEW DATA SHALL BE PUBLISHED ON A  QUARTERLY  BASIS  IN  MACHINE-READABLE
 TABULAR  FORMAT IN A MANNER THAT PERMITS QUANTITATIVE ANALYSIS. THE DATA
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15499-01-4
 A. 10394                            2
 
 SHALL BE AVAILABLE FOR BULK DOWNLOAD IN TABULAR FORMAT,  AS  DEFINED  IN
 SUBDIVISION ONE OF SECTION FOUR HUNDRED THIRTY-THREE-B OF THIS CHAPTER.
   §  3.  Paragraph  (u) of subdivision 2 of section 212 of the judiciary
 law is amended by adding a new subparagraph (vii) to read as follows:
   (VII) THE CHIEF ADMINISTRATOR SHALL TAKE SUCH ACTIONS AND  ADOPT  SUCH
 MEASURES  AS  MAY  BE  NECESSARY TO CREATE A PROGRAM BY WHICH THE ACT OF
 DOCKETING AN OPINION BY THE CLERK OF ANY COURT, WHETHER OF RECORD OR NOT
 OF RECORD, SHALL WITHOUT FURTHER INTERVENTION TRANSMIT A  COPY  OF  THAT
 OPINION  TO  THE  LAW  REPORTING  BUREAU IN ACCORDANCE WITH SECTION FOUR
 HUNDRED THIRTY-TWO OF THIS CHAPTER. THE EXPENSES INCURRED IN THE  DEVEL-
 OPMENT  AND IMPLEMENTATION OF SUCH PROGRAM, INCLUDING TRAINING OFFICIALS
 IN THE USE OF SUCH PROGRAM, SHALL BE BORNE BY THE STATE AND NOT  BY  ANY
 MUNICIPALITY.
   §  4.  Section  432 of the judiciary law, as amended by chapter 138 of
 the laws of 1939, is amended to read as follows:
   § 432. Copies of opinions, decisions and papers  to  be  furnished  to
 state  reporter. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "MACHINE-
 READABLE FORMAT" SHALL MEAN DATA OR TEXT PRESENTED IN  A  FORMAT  EASILY
 PROCESSED  BY A COMPUTER WITHOUT HUMAN INTERVENTION AND WHICH ENSURES NO
 LOSS OF SEMANTIC MEANING.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL IN EVERY CAUSE PROVIDE,
 IN ANY PROGRAM OF ELECTRONIC MEANS THAT HAS BEEN EMPLOYED IN THE  FILING
 AND  SERVICE  OF  PAPERS  IN  ANY  CAUSE,  INCLUDING  BUT NOT LIMITED TO
 PROGRAMS AUTHORIZED BY SECTION 10.40 OF THE CRIMINAL PROCEDURE  LAW  AND
 RULE  TWO  THOUSAND ONE HUNDRED AND ELEVEN OF THE CIVIL PRACTICE LAW AND
 RULES, FOR ALL OPINIONS OF THE COURT FILED ON THE DOCKET IN  SUCH  CAUSE
 TO  BE AUTOMATICALLY TRANSMITTED TO THE STATE REPORTER IN MACHINE-READA-
 BLE FORMAT.
   3. With the exception of court of appeals and appellate division caus-
 es directed not to be reported, as  provided  in  section  four  hundred
 thirty-one of this article, AND CAUSES WHERE THE OPINIONS RENDERED THER-
 EIN  ARE AUTOMATICALLY TRANSMITTED TO THE STATE REPORTER, AS PROVIDED IN
 SUBDIVISION TWO OF THIS SECTION, the  [judges  or  justices]  CLERKS  of
 every  court  of record, including surrogates, shall [promptly] cause to
 be delivered IN MACHINE-READABLE FORMAT, BY  SUCH  MEANS  AS  THE  CHIEF
 ADMINISTRATOR  MAY  PROVIDE  PURSUANT TO SUBPARAGRAPH (VII) OF PARAGRAPH
 (U) OF SECTION TWO HUNDRED TWELVE OF THIS CHAPTER, to the  state  repor-
 ter,  without charge, a copy of every written opinion rendered in causes
 determined therein WITHIN FIVE DAYS OF THE RENDERING OF SUCH OPINION  BY
 THE COURT.
   4.  THE  CLERKS  OF  EACH  CRIMINAL  COURT, AS THAT TERM IS DEFINED IN
 SECTION 10.10 OF THE CRIMINAL PROCEDURE LAW, SHALL PROMPTLY  DELIVER  IN
 MACHINE-READABLE FORMAT TO THE STATE REPORTER, WITHOUT CHARGE, A COPY OF
 THE  PORTIONS OF THE TRANSCRIPT OF A PRE-TRIAL HEARING OR TRIAL PROCEED-
 ING IN A CRIMINAL CAUSE IN WHICH THE COURT SET FORTH ITS REASONS  FOR  A
 RULING  ON  ANY  QUESTION  OF LAW, INCLUDING MIXED QUESTIONS OF FACT AND
 LAW, THAT ARE ENUMERATED IN, BUT NOT LIMITED TO, THE  LIST  OF  OPINIONS
 DESIGNATED  FOR PUBLICATION PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO
 OF SECTION FOUR HUNDRED THIRTY-THREE-B OF THIS  ARTICLE;  PROVIDED  THAT
 ORAL RULINGS CONCERNING PRETRIAL DETENTION DETERMINATION AT ARRAIGNMENT,
 THE  IMPOSITION OF A SENTENCE, AND RULING ON ORAL EVIDENTIARY OBJECTIONS
 MADE DURING A TRIAL OR IN RESPONSE TO TESTIMONY IN A HEARING  SHALL  NOT
 BE SO DELIVERED.
   5.  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROVIDE FOR MEANS BY
 WHICH THE CLERKS OF TOWN AND VILLAGE COURTS MAY TRANSMIT  TO  THE  STATE
 REPORTER A COPY OF EVERY OPINION RENDERED IN A CRIMINAL CAUSE THEREIN AT
 A. 10394                            3
 
 THE  SAME  TIME  AS  SUCH  OPINIONS  ARE  RENDERED OR DOCKETED, THAT ARE
 ENUMERATED IN, BUT NOT LIMITED TO, THE LIST OF OPINIONS  DESIGNATED  FOR
 PUBLICATION PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FOUR
 HUNDRED  THIRTY-THREE-B  OF  THIS  ARTICLE.  THE EXPENSES OF THIS SYSTEM
 SHALL BE BORNE BY THE STATE. UPON PROVISION OF THIS SYSTEM,  THE  CLERKS
 OF  TOWN AND VILLAGE COURTS SHALL TRANSMIT IN MACHINE-READABLE FORMAT TO
 THE STATE REPORTER A COPY OF EVERY OPINION RENDERED IN A CRIMINAL  CAUSE
 THEREIN  WITHIN  FIVE  DAYS  OF  THE RENDERING OF SUCH AN OPINION BY THE
 COURT.
   6. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL  CRIMINAL  CAUSES
 TERMINATED  IN  FAVOR  OF THE DEFENDANT PURSUANT TO SUBDIVISION THREE OF
 SECTION 160.50 OF THE CRIMINAL PROCEDURE LAW.
   7. The [judges or justices] CLERKS of the court of appeals and of  the
 appellate  divisions and the appellate terms of the supreme court shall,
 in addition, cause to  be  delivered  to  the  state  reporter,  without
 charge,  a  list  of  all  decisions  rendered by the respective courts,
 together with copies of such points of counsel and records and papers on
 appeal, if practicable, as the state reporter may require.
   § 5. The judiciary law is amended by adding a  new  section  433-b  to
 read as follows:
   §  433-B.  PUBLICATION  OF UNREPORTED OPINIONS. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BULK DOWNLOAD" SHALL MEAN THE  EFFICIENT  RETRIEVAL  OF  A  LARGE
 VOLUME  OF  DATA FROM A SOURCE, TYPICALLY A DATABASE, IN A SINGLE OPERA-
 TION.
   (B) "MACHINE-READABLE FORMAT" SHALL MEAN DATA OR TEXT PRESENTED  IN  A
 FORMAT  EASILY  PROCESSED  BY  A COMPUTER WITHOUT HUMAN INTERVENTION AND
 WHICH ENSURES NO LOSS OF SEMANTIC MEANING.
   (C) "ONLINE ELECTRONIC DATABASE" SHALL MEAN A FREE AND PUBLICLY ACCES-
 SIBLE WEBSITE HOSTED ON THE LAW REPORTING BUREAU'S OFFICIAL WEBSITE THAT
 OFFERS BOTH BASIC AND ADVANCED OPINION SEARCH FUNCTIONALITIES, INCLUDING
 BUT NOT LIMITED TO SEARCHES OF OPINIONS  BY  THE  ISSUING  JUDGE,  PARTY
 NAME,  DATE  RANGE,  COURT  OF ISSUANCE, AND KEYWORDS WITHIN THE OPINION
 TEXT, IDENTIFIES EACH REPORTED CAUSE BY A UNIQUE CITATION,  AND  PERMITS
 BULK  DOWNLOAD  OF ITS CONTENTS FOR FREE IN TABULAR AND MACHINE-READABLE
 FORMAT.
   (D) "TABULAR FORMAT" SHALL MEAN A SYSTEMATIC ORGANIZATION OF DATA INTO
 ROWS AND COLUMNS FOR EASY INTERPRETATION, INCLUDING BUT NOT LIMITED TO A
 SPREADSHEET OR CSV FILE.
   (E) "UNREPORTED OPINIONS" SHALL MEAN ALL OPINIONS TRANSMITTED  TO  THE
 LAW REPORTING BUREAU PURSUANT TO SECTION FOUR HUNDRED THIRTY-TWO OF THIS
 ARTICLE,  INCLUDING TRANSCRIPTS OF ORAL RULINGS NOT REPORTED PURSUANT TO
 SECTION FOUR HUNDRED THIRTY-ONE OF THIS ARTICLE.
   2. (A) (I) THE STATE REPORTER SHALL PUBLISH, AT A MINIMUM,  ALL  OPIN-
 IONS  IN CRIMINAL CAUSES THAT ARE NOT SELECTED FOR REPORTING PURSUANT TO
 SECTION FOUR HUNDRED THIRTY-ONE OF THIS ARTICLE AND THAT DECIDE  ON  ANY
 OF THE FOLLOWING LEGAL ISSUES RAISED IN A PRE-TRIAL MOTION:
   (A) A MOTION TO SUPPRESS EVIDENCE OR TO CONTROVERT A SEARCH WARRANT.
   (B)  A  MOTION  TO  DISMISS  INDIVIDUAL CHARGES, OR THE ENTIRETY OF AN
 ACCUSATORY INSTRUMENT, AS DEFINED BY SECTIONS 100.05, 200.10, AND 200.15
 OF THE CRIMINAL PROCEDURE LAW.
   (C) AN OMNIBUS MOTION FILED PURSUANT TO SECTION 255.20 OF THE CRIMINAL
 PROCEDURE LAW.
   (D) A MOTION TO EXCLUDE EXPERT TESTIMONY.
   (E) A MOTION TO CHALLENGE THE VALIDITY OF A CERTIFICATE OF COMPLIANCE,
 AS DEFINED BY SECTION 245.50 OF THE CRIMINAL PROCEDURE LAW.
 A. 10394                            4

   (F) A MOTION TO SEVER MADE PURSUANT TO SECTIONS 200.20 AND  200.40  OF
 THE CRIMINAL PROCEDURE LAW.
   (II)  THE  STATE REPORTER MAY PUBLISH ADDITIONAL OPINIONS BEYOND THOSE
 REQUIRED TO BE PUBLISHED PURSUANT TO SUBPARAGRAPH (I) OF THIS  PARAGRAPH
 FOR THE PURPOSE OF ENHANCING LEGAL TRANSPARENCY AND PUBLIC UNDERSTANDING
 OF CRIMINAL JURISPRUDENCE.
   (B) THE STATE REPORTER SHALL PUBLISH OPINIONS PURSUANT TO THIS SECTION
 IN AN ONLINE ELECTRONIC DATABASE NO LATER THAN SEVEN BUSINESS DAYS AFTER
 RECEIPT  OF  SUCH  OPINIONS.  THE  STATE REPORTER MAY INCLUDE HEADNOTES,
 TABLES, OR INDICES IN ANY OPINION PUBLISHED PURSUANT  TO  THIS  SUBDIVI-
 SION.
   (C)  THE  STATE  REPORTER MAY PUBLISH IN AN ONLINE ELECTRONIC DATABASE
 ANY OPINION IN A CIVIL CAUSE.
   3. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL  CRIMINAL  CAUSES
 TERMINATED  IN  FAVOR  OF THE DEFENDANT PURSUANT TO SUBDIVISION THREE OF
 SECTION 160.50 OF THE CRIMINAL PROCEDURE LAW.
   § 6. The judiciary law is amended by adding a  new  section  433-c  to
 read as follows:
   §  433-C. REDACTION OF PERSONAL IDENTIFYING INFORMATION OF PARTIES AND
 WITNESSES. THE STATE REPORTER SHALL PUBLISH OR REPORT OPINIONS  PURSUANT
 TO THIS ARTICLE ONLY AFTER ENSURING THAT SUCH OPINIONS HAVE BEEN REDACT-
 ED  TO  PRESERVE  THE  PRIVACY  INTERESTS  OF PARTIES TO THE CASE TO THE
 EXTENT REQUIRED BY LAW, IN ACCORDANCE WITH RULES AND REGULATIONS PROMUL-
 GATED BY THE CHIEF ADMINISTRATOR OF THE COURTS WITH THE APPROVAL OF  THE
 ADMINISTRATIVE BOARD. THE RULES AND REGULATIONS PROMULGATED BY THE CHIEF
 ADMINISTRATOR  SHALL  INCORPORATE  ALL PREEXISTING REQUIREMENTS IN STATE
 AND FEDERAL LAW THAT WOULD REQUIRE THE NON-PUBLICATION OR  REDACTION  OF
 PRIVATE  INFORMATION  IN JUDICIAL OPINIONS, INCLUDING BUT NOT LIMITED TO
 PROTECTION OF THE PRIVACY INTERESTS  OF  DEFENDANTS  AND  WITNESSES,  AS
 DEFINED  BY  SUBDIVISION ONE OF SECTION 640.10 OF THE CRIMINAL PROCEDURE
 LAW. THE GUIDELINES SHALL ESTABLISH THE DUTY OF THE  STATE  REPORTER  TO
 ENSURE THAT SUCH DEFENDANTS AND WITNESSES ARE EXCLUSIVELY REFERRED TO BY
 THEIR  INITIALS IN ALL CRIMINAL CAUSES REPORTED OR PUBLISHED PURSUANT TO
 SECTION FOUR HUNDRED THIRTY-ONE AND PARAGRAPH (A) OF SUBDIVISION TWO  OF
 SECTION  FOUR HUNDRED THIRTY-THREE-B OF THIS ARTICLE, INCLUDING, BUT NOT
 LIMITED TO, IN THE TITLE OF THE PUBLISHED DOCUMENT. THE GUIDELINES SHALL
 FURTHER REQUIRE THE REDACTION OF ALL ADDRESSES AND OTHER PERSONAL  IDEN-
 TIFYING INFORMATION OF ALL SUCH DEFENDANTS AND WITNESSES. THE GUIDELINES
 SHALL  FURTHER  PROVIDE THAT THE STATE REPORTER MAY NOT REDACT THE NAMES
 OF POLICE OFFICERS AND PEACE OFFICERS, AS DEFINED BY  SUBDIVISION  THIR-
 TY-FOUR  OF SECTION 1.20 AND SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW,
 WHEN DESCRIBED IN THEIR PROFESSIONAL CAPACITY AS WITNESSES, OR  INDIVID-
 UALS  QUALIFIED  OR  PROFESSED  AS EXPERT WITNESSES BY ANY PARTY, TO THE
 EXTENT THAT SUCH NAMES APPEAR IN AN OPINION.
   § 7. Paragraph (d) of subdivision 2 of section 10.40 of  the  criminal
 procedure  law  is  amended by adding a new subparagraph (iv) to read as
 follows:
   (IV) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS TO LIMIT OR QUALIFY
 THE DELIVERY OF OPINIONS TO THE LAW REPORTING BUREAU  AND  REPORTING  OR
 PUBLICATION THEREOF PURSUANT TO ARTICLE FOURTEEN OF THE JUDICIARY LAW.
   § 8. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that the amendments to
 paragraph (d) of subdivision 2 of section 10.40 of the  criminal  proce-
 dure  law made by section seven of this act shall not affect the expira-
 tion of such section and shall expire and be deemed repealed therewith.