STATE OF NEW YORK ________________________________________________________________________ 147 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. SQUADRON, PARKER, PERKINS, RIVERA -- 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: 1 Section 1. Subdivision 1 of section 10.40 of the criminal procedure 2 law, as amended by chapter 237 of the laws of 2015, is amended to read 3 as follows: 4 1. The chief administrator of the courts shall have the power to 5 adopt, amend and rescind forms for the efficient and just administration 6 of this chapter. Such forms shall include, without limitation, the 7 forms described in paragraph (z) of subdivision two of section two 8 hundred twelve of the judiciary law. A failure by any party to submit 9 papers in compliance with forms authorized by this section shall not be 10 grounds for that reason alone for denial or granting of any motion. 11 § 2. Subdivision 2 of section 212 of the judiciary law is amended by 12 adding six new paragraphs (u), (v), (w), (x), (y) and (z) to read as 13 follows: 14 (u) Compile and publish data on misdemeanor offenses in all courts, 15 disaggregated by county, including the following information: 16 (i) the aggregate number of misdemeanors charged, by indictment or the 17 filing of a misdemeanor complaint or information; 18 (ii) the offense charged; 19 (iii) the race, ethnicity, age, and sex of the individual charged; 20 (iv) whether the individual was issued a summons or appearance ticket, 21 was subject to custodial arrest, and/or was held to arraignment as a 22 result of the alleged misdemeanor; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00444-01-7

S. 147 2 1 (v) the zip code or location where the alleged misdemeanor occurred; 2 (vi) the disposition, including, as the case may be, dismissal, 3 acquittal, adjournment in contemplation of dismissal, plea, conviction, 4 or other disposition; 5 (vii) in the case of dismissal, the reasons therefor; and 6 (viii) the sentence imposed, if any, including fines, fees, and 7 surcharges. 8 (v) Compile and publish data on violations in all courts, disaggre- 9 gated by county, including the following information: 10 (i) the aggregate number of violations charged by the filing of an 11 information; 12 (ii) the violation charged; 13 (iii) the race, ethnicity, age, and sex of the individual charged; 14 (iv) whether the individual was issued a summons or appearance ticket, 15 was subject to custodial arrest, and/or was held to arraignment as a 16 result of the alleged violation; 17 (v) the zip code or location where the alleged violation occurred; 18 (vi) the disposition, including, as the case may be, dismissal, 19 acquittal, conviction, or other disposition; 20 (vii) in the case of dismissal, the reasons therefor; and 21 (viii) the sentence imposed, if any, including fines, fees, and 22 surcharges. 23 (w) The chief administrator shall include the information required by 24 paragraphs (u) and (v) of this subdivision in the annual report submit- 25 ted to the legislature and the governor pursuant to paragraph (j) of 26 subdivision one of this section. The chief administrator shall also make 27 the information required by paragraphs (u) and (v) of this subdivision 28 available to the public by posting it on the website of the office of 29 court administration and shall update such information on a monthly 30 basis. The information shall be posted in alphanumeric form that can be 31 digitally transmitted or processed and not in portable document format 32 or scanned copies of original documents. 33 (x) Nothing in paragraphs (u) and (v) of this subdivision shall be 34 construed as granting authority to the chief administrator, a criminal 35 justice or law enforcement agency, a governmental entity, or any agent 36 or representative of the foregoing, to use, disseminate, or publish any 37 individual's name, date of birth, NYSID, social security number, docket 38 number, or other unique identifier in violation of the criminal proce- 39 dure law, the general business law, or any other law. 40 (y) Nothing in paragraphs (u) and (v) of this subdivision shall be 41 construed as granting authority to the chief administrator, a criminal 42 justice or law enforcement agency, a governmental entity, a party, a 43 judge, a prosecutor, or any agent or representative of the foregoing to 44 introduce, use, disseminate, publish or consider any records in any 45 judicial or administrative proceeding expunged or sealed under applica- 46 ble provisions of the criminal procedure law, the family court act, or 47 any other law. 48 (z) In executing the requirements of paragraphs (u) and (v) of this 49 section, the chief administrator may adopt rules consistent with the 50 requirements of paragraphs (x) and (y) of this subdivision requiring 51 appropriate law enforcement or criminal justice agencies to identify 52 actions and proceedings involving these offenses, and with respect to 53 such actions and proceedings, to report, in such form and manner as the 54 chief administrator shall prescribe, the information specified herein. 55 Further, to facilitate this provision, the chief administrator shall 56 adopt rules to facilitate record sharing, retention and other necessary

S. 147 3 1 communication among the criminal courts and law enforcement agencies, 2 subject to applicable provisions of the criminal procedure law, the 3 family court act, and any other law pertaining to the confidentiality, 4 expungement and sealing of records. 5 § 3. The executive law is amended by adding a new section 837-t to 6 read as follows: 7 § 837-t. Reporting duties of law enforcement departments with respect 8 to arrest-related deaths. 1. The chief of every police department, each 9 county sheriff, and the superintendent of state police shall promptly 10 report to the division any arrest-related death, disaggregated by coun- 11 ty. An arrest-related death is a death that occurs during law enforce- 12 ment custody or an attempt to establish custody including, but not 13 limited to, deaths caused by any use of force. The data shall include 14 the following information: 15 (a) the number of arrest-related deaths; 16 (b) the race, ethnicity, age, and sex of the individual; 17 (c) the zip code or location where the death occurred; and 18 (d) a brief description of the circumstances surrounding the arrest- 19 related death. 20 2. The division shall present to the governor and the legislature an 21 annual report containing the information required by subdivision one of 22 this section. The initial report required by this subdivision shall be 23 for the period beginning July first, two thousand seventeen and ending 24 December thirty-first, two thousand seventeen and shall be presented no 25 later than February first, two thousand eighteen. Thereafter, each 26 annual report shall be presented no later than February first. 27 3. The division shall make the information required by subdivision one 28 of this section available to the public by posting it on the website of 29 the division and shall update such information on a monthly basis. The 30 information shall be posted in alphanumeric form that can be digitally 31 transmitted or processed and not in portable document format or scanned 32 copies of original documents. 33 § 4. This act shall take effect immediately; provided that the amend- 34 ment to subdivision 1 of section 10.40 of the criminal procedure law, 35 made by section one of this act, shall survive the expiration and rever- 36 sion of such section as provided in section 11 of chapter 237 of the 37 laws of 2015, as amended.