S T A T E O F N E W Y O R K ________________________________________________________________________ 3967 2015-2016 Regular Sessions I N A S S E M B L Y January 28, 2015 ___________ 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: 1 Section 1. Section 837 of the executive law is amended by adding a new 2 subdivision 4-d to read as follows: 3 4-D. IN COOPERATION WITH THE CHIEF ADMINISTRATOR OF THE COURTS AS WELL 4 AS ANY OTHER PUBLIC AGENCY, INCLUDING DISTRICT ATTORNEYS, COLLECT AND 5 ANALYZE STATISTICAL AND ALL OTHER INFORMATION AND DATA WITH RESPECT TO 6 THE NUMBER OF CRIMES INVOLVING AUTOMATED TELLER MACHINES AS DEFINED BY 7 SUBDIVISION TWO OF SECTION SEVENTY-FIVE-B OF THE BANKING LAW LOCATED AT 8 AUTOMATED TELLER MACHINE FACILITIES, AS DEFINED BY SUBDIVISION THREE OF 9 SECTION SEVENTY-FIVE-B OF THE BANKING LAW, REPORTED TO OR INVESTIGATED 10 BY THE DIVISION OF STATE POLICE, AND ALL OTHER POLICE OR PEACE OFFICERS, 11 THE NUMBER OF PERSONS ARRESTED FOR THE COMMISSION OF SUCH CRIMES, THE 12 CRIMES FOR WHICH THE PERSON WAS ARRESTED, THE COUNTY WITHIN WHICH THE 13 ARREST WAS MADE AND THE ACCUSATORY INSTRUMENT FILED, THE DISPOSITION OF 14 THE ACCUSATORY INSTRUMENT FILED, INCLUDING, BUT NOT LIMITED TO, AS THE 15 CASE MAY BE, DISMISSAL, ACQUITTAL, THE CRIMES TO WHICH THE DEFENDANT 16 PLED GUILTY, THE CRIMES THE DEFENDANT WAS CONVICTED OF AFTER TRIAL, AND 17 THE SENTENCE IMPOSED. THE DIVISION SHALL INCLUDE THE STATISTICS AND 18 OTHER INFORMATION REQUIRED BY THIS SUBDIVISION IN THE ANNUAL REPORT 19 SUBMITTED TO THE GOVERNOR AND LEGISLATURE PURSUANT TO SUBDIVISION TWELVE 20 OF THIS SECTION. 21 S 2. Section 216 of the judiciary law is amended by adding a new 22 subdivision 5 to read as follows: 23 5. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL COLLECT DATA IN 24 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. LBD05293-01-5 A. 3967 2 1 PURSUANT TO SUBDIVISION FOUR-D OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF 2 THE EXECUTIVE LAW, INCLUDING BUT NOT LIMITED TO THE FOLLOWING INFORMA- 3 TION: 4 (A) THE NUMBER OF CRIMES INVOLVING AUTOMATED TELLER MACHINES; 5 (B) THE NUMBER OF PERSONS ARRESTED FOR THE COMMISSION OF SUCH CRIMES; 6 (C) THE CRIMES ALLEGED; 7 (D) THE COURT WHERE THE ACTION OR PROCEEDING WAS INSTITUTED; 8 (E) THE DISPOSITION; AND 9 (F) IN THE CASE OF DISMISSAL, THE REASONS THEREFOR. 10 IN EXECUTING THIS REQUIREMENT, THE CHIEF ADMINISTRATOR MAY ADOPT RULES 11 REQUIRING APPROPRIATE LAW ENFORCEMENT, CRIMINAL JUSTICE AGENCIES, 12 DISTRICT ATTORNEYS AND COURTS TO IDENTIFY ACTIONS AND PROCEEDINGS 13 INVOLVING ORDERS OF PROTECTION AND, WITH RESPECT TO SUCH ACTIONS AND 14 PROCEEDINGS, TO REPORT, IN SUCH FORM AND MANNER AS THE CHIEF ADMINISTRA- 15 TOR SHALL PRESCRIBE, THE INFORMATION SPECIFIED IN THIS SUBDIVISION. 16 S 3. This act shall take effect on the one hundred twentieth day after 17 it shall have become a law; provided that the chief administrator of the 18 courts is authorized to promulgate any and all rules and regulations and 19 take any other measures necessary to implement this act on its effective 20 date on or before such date.