S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3778
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- 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.
   §  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  THIRTY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08251-01-7

 A. 3778                             2
 
 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.
   § 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.