S T A T E   O F   N E W   Y O R K
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                                  2947

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

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  and  the  chief
  administrator of the courts to track automated teller machine crimes

  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 AGENCY, INCLUDING DISTRICT  ATTORNEYS,  COLLECT  AND
ANALYZE  STATISTICAL  AND ALL OTHER INFORMATION AND DATA WITH RESPECT TO
THE NUMBER OF CRIMES INVOLVING AUTOMATED TELLER MACHINES AS  DEFINED  BY
SUBDIVISION  TWO OF SECTION SEVENTY-FIVE-B OF THE BANKING LAW LOCATED AT
AUTOMATED TELLER MACHINE FACILITIES, AS DEFINED BY SUBDIVISION THREE  OF
SECTION  SEVENTY-FIVE-B  OF THE BANKING LAW, REPORTED TO OR INVESTIGATED
BY THE DIVISION OF STATE POLICE, AND ALL OTHER POLICE OR PEACE OFFICERS,
THE NUMBER OF PERSONS ARRESTED FOR THE COMMISSION OF  SUCH  CRIMES,  THE
CRIMES  FOR  WHICH  THE PERSON WAS ARRESTED, 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 CRIMES  TO  WHICH  THE  DEFENDANT
PLED  GUILTY, THE CRIMES 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 CRIMES  INVOLVING  AUTOMATED  TELLER  MACHINES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00540-01-3
              

A. 2947                             2

PURSUANT  TO SUBDIVISION FOUR-D OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF
THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO THE  FOLLOWING  INFORMA-
TION:
  (A) THE NUMBER OF CRIMES INVOLVING AUTOMATED TELLER MACHINES;
  (B) THE NUMBER OF PERSONS ARRESTED FOR THE COMMISSION OF SUCH CRIMES;
  (C) THE CRIMES ALLEGED;
  (D) THE COURT WHERE THE ACTION OR PROCEEDING WAS INSTITUTED;
  (E) THE DISPOSITION; AND
  (F) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR.
  IN EXECUTING THIS REQUIREMENT, THE CHIEF ADMINISTRATOR MAY ADOPT RULES
REQUIRING   APPROPRIATE  LAW  ENFORCEMENT,  CRIMINAL  JUSTICE  AGENCIES,
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 ADMINISTRA-
TOR SHALL PRESCRIBE, THE INFORMATION SPECIFIED IN THIS SUBDIVISION.
  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.