As used in this title, the following terms have the following meanings:
Civil enforcement. The term “civil enforcement” means the issuance of a civil summons.
Civil summons. The term “civil summons” means a civil notice of violation.
Commissioner. The term “commissioner” means the commissioner of the department.
Criminal enforcement. The term “criminal enforcement” means the charging of a misdemeanor or violation.
Criminal summons. The term “criminal summons” means an appearance ticket issued by the department pursuant to article 150 of the criminal procedure law that is an accusatory instrument pursuant to article 100 of the criminal procedural law, and returnable to the criminal court.
Department. The term department means the police department of the city of New York.
Desk appearance ticket. The term “desk appearance ticket” means an appearance ticket issued by the department pursuant to article 150 of the criminal procedure law that is not an accusatory instrument pursuant to article 100 of the criminal procedure law.
Specified unlawful act. The term “specified unlawful act” means an act that violates any of the following provisions: subdivision b of section 10-125 of the code, subdivision 1 of section 16-118 of the code, subdivision 6 of section 16-118 of the code with respect to the act of public urination, subdivision a of section 24-218 of the code, section 18-146 of the code, section 18-147 of the code, and rules and regulations of the department of parks and recreation described in paragraph 9 of subdivision a of section 533 of the charter.
§ 14-102 Composition of force.
Until otherwise provided by the mayor, upon the recommendation of the commissioner, the police force in the police department, shall consist of the following ranks of members, to wit:
Captains of police, not exceeding in number one to each fifty of the total number of police officers, in addition to the number detailed to act as inspectors;
Lieutenants of police, not exceeding four in number to each fifty of the total number of police officers;
Sergeants not exceeding six in number to each fifty police officers;
Surgeons of police, not exceeding forty in number, one of whom shall be chief surgeon;
A veterinarian;
Police officers to the number of seven thousand eight hundred thirty-nine.
§ 14-103 Detective bureau.
The commissioner shall organize and maintain a bureau for detective purposes to be known as the detective bureau and shall, from time to time, detail to service in said bureau as many members of the force as the commissioner may deem necessary and may at any time revoke any such detail.
Of the members of the force so detailed the commissioner may designate:
police officers not exceeding two hundred eighty in number, as detectives of the first grade, who while performing duty in such bureau and while so designated as detectives of the first grade, shall be paid the same salary as lieutenants; and
a certain number of police officers, as detectives of the second grade, who while performing duty in such bureau and while so designated as detectives of the second grade, shall be paid the same salary as sergeants; and a certain number of police officers as detectives of the third grade, who while performing duty in such bureau and while so designated as detectives of the third grade shall be paid such salary as may be determined by the mayor. Any person who has received permanent appointment as a police officer and is temporarily assigned to perform the duties of a detective shall, whenever such assignment exceeds eighteen months in duration, be appointed as a detective and receive the compensation ordinarily paid to a detective performing such duties.
The commissioner may designate lieutenants as commanders of detective squads, and sergeants as supervisors of detective squads, who while performing duty in such bureau and while so designated as commanders of detective squads or supervisors of detective squads shall be paid such salary as may be determined by the mayor.
Any member of the force detailed to such bureau while so detailed shall retain his or her rank in the force and shall be eligible for promotion the same as if serving in the uniformed force, and the time during which he or she serves in such bureau shall count for all purposes as if served in his or her rank or grade in the uniformed force.
The commissioner may at his or her pleasure revoke any designation made pursuant to the provision of this section after complying with the provisions of section seventy-five of the civil service law.
§ 14-104 Juvenile bureau.
There shall be a bureau in the department organized and maintained for the prevention of crime and delinquency among minors and for the performance of such other duties as the commissioner may assign thereto.
Any member of the force assigned to such juvenile bureau shall retain his or her rank and pay in the force and shall be eligible for promotion as if serving in the uniformed force and the time served in such bureau shall count for all purposes as if served in his or her rank or grade in the uniformed force of the department.
§ 14-105 Superintendent of buildings; compensation.
There shall be an officer to be known as superintendent of buildings, to be selected from among the members of the uniformed force by the commissioner. He or she shall be subject to the rules and regulations governing other members of the force as regards promotion and otherwise. The superintendent of buildings shall be entitled to all the benefits and privileges extended to each member of the force with regard to a pension, and shall not be removed or dismissed except in the manner prescribed for other members of the force. His or her time served as superintendent of buildings shall count as time served in such force for pension purposes.
Such superintendent, under the direction of the commissioner, shall have supervision over the maintenance of all department buildings, and supervision over the mechanical force of the police department.
The salary of the superintendent of buildings shall not be less than five thousand dollars per annum. Previous experience in construction, repair and maintenance of buildings in the police department shall be taken into consideration by the commissioner in the selection of such superintendent of buildings.
§ 14-106 Special patrolmen; when may be appointed.
The commissioner, upon an emergency or apprehension of riot, tumult, mob, insurrection, pestilence or invasion, may appoint as many special patrolmen without pay from among the citizens as he or she may deem desirable.
Special patrolmen, appointed in pursuance of law while acting as such special patrolmen shall possess the powers, perform the duties, and be subject to the orders, rules and regulations of the department in the same manner as regular members of the force. Every such special patrolman shall wear a badge, to be prescribed and furnished by the commissioner.
The commissioner, whenever expedient, may on the application of any person or persons, corporation or corporations, showing the necessity therefor, appoint and swear any number of special patrolmen to do special duty at any place in the city upon the person or persons, corporation or corporations by whom the application shall be made, paying, in advance, such special patrolmen for their services, and upon such special patrolmen, in consideration of their appointment, signing an agreement in writing releasing and waiving all claim whatever against the department and the city for pay, salary or compensation for their services and for all expenses connected therewith; but the special patrolmen so appointed shall be subject to the orders of the commissioner and shall obey the rules and regulations of the department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of the force, applicable to regular members of the force.
The special patrolmen so appointed may be removed at any time by the commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the force, or to entitle them to the privileges of the regular members of the force, or to receive any salary, pay, compensation or moneys whatever from the department or the city, or to share in the police pension fund.
The commissioner, upon the application of the head of any agency, public authority exercising jurisdiction within the city, or state agency, may appoint and swear any number of officers or employees of such agency or authority to do special duty at any place in the city, on behalf of such agency. The special patrolmen so appointed shall be subject to the orders of the commissioner and shall obey the rules and regulations of the department and conform to its general discipline and to such special regulations as may be made and shall during the term of their holding appointment possess all the powers and discharge all the duties of a peace officer while in the performance of their official duties. An appointment as a special patrolman may be revoked at any time by the commissioner, without assigning cause therefor, and nothing in this section contained shall be construed to constitute such special patrolmen members of the force, or to entitle them to the privileges of the regular members of the force, or to receive any additional salary, pay, compensation or moneys whatever from the department or the city by reason of such appointment, or to share in the police pension fund. Every special patrolman appointed pursuant to the provisions of this subdivision is hereby authorized and empowered to proceed under the provisions of the criminal procedure law in the same manner and with like force and effect as a member of the force in respect to procuring, countersigning and serving the summons referred to therein.
Notwithstanding any other provision of law, in cases relating to violation of the health code and those provisions of the code pertaining to the jurisdiction of the sanitation department employees of such department who are special patrolmen by appointment pursuant to subdivision e of this section may execute warrants of arrest and bench warrants in the same manner and with the same powers and immunities as if such special patrolmen were members of the department. The issuance and execution of any such warrant of arrest or bench warrant shall in all other respects be governed by the applicable provisions of the criminal procedure law.
§ 14-107 Unlawful use of police uniform or emblem.
It shall be unlawful for any person not a member of the police force to represent himself or herself falsely as being such a member with a fraudulent design upon persons or property, or to have, use, wear or display without specific authority from the commissioner any uniform, shield, buttons, wreaths, numbers or other insignia or emblem in any way resembling that worn by members of the police force. A violation of this section shall constitute a misdemeanor punishable by a fine of not more than one hundred dollars or by imprisonment for not more than sixty days, or both.
§ 14-108 Unlawful use or possession of official police cards.
Any person who without permission of the commissioner:
makes or engraves, or causes or procures to be made or engraved, or willingly aids or assists in making or engraving, a plate or other means of reproducing or printing the resemblance or similitude of an official department identification card, working press card, emergency repair service card, press photographer’s vehicle card, newsreel camera vehicle card, emergency service card or any other official card issued by the department; or
has in his or her possession or custody any implements, or materials, with intent that they shall be used for the purpose of making or engraving such a plate or means of reproduction; or
has in his or her possession or custody such a plate or means of reproduction with intent to use, or permit the same to be used, for the purpose of taking therefrom any impression or copy to be uttered; or
has in his or her possession or custody any impression or copy taken from such a plate or means of reproduction, with intent to have the same filled up and completed for the purpose of being uttered; or
makes or engraves, or causes or procures to be made or engraved, or willingly aids or assists in making or engraving, upon any plate or other means of reproduction, any figures or words with intent that the same may be used for the purpose of altering any genuine card hereinbefore indicated or mentioned; or
has in his or her custody or possession any of the cards hereinbefore mentioned, or any copy or reproduction thereof; Is guilty of an offense punishable by a fine of not less than two hundred fifty dollars, or imprisonment for not more than thirty days, or both.
§ 14-109 Qualifications of members of force; publishing names and residence of applicants and appointees; probation.
Only persons shall be appointed or reappointed to membership in the police force or continue to hold membership therein, who are citizens of the United States and who have never been convicted of a felony, and who can read and write understandably the English language. Skilled officers of experience may be appointed for temporary detective duty who are not residents of the city. Only persons shall be appointed police officers who shall be at the date of the filing of an application for civil service examination less than thirty-five years of age, except, that every person who, as of the fifteenth day of April 1997, satisfied all other requirements for admission to the New York city police department academy shall be admitted to such academy and shall be eligible for appointment as a police officer, subject to the provisions of the civil service law and any applicable provisions of the charter, notwithstanding that such person was thirty-five years of age or older on the fifteenth day of April 1997. Persons who shall have been members of the force, and shall have been dismissed therefrom, shall not be reappointed. Persons who are appointed as police trainees, after examination in accordance with the civil service law and the rules of the commissioner of citywide administrative services and who have satisfactorily completed service as such trainees, may likewise be appointed as police officers without further written examination, provided that they shall have passed a medical examination at the end of their required trainee period. Persons appointed as police trainees shall not be considered members of the uniformed force of the department.
Preliminary to a permanent appointment as police officer there shall be a period of probation for such time as is fixed by the civil service rules, and permanent appointments shall only be made after the required probationary period has been served, but the service during probation shall be deemed to be service in the uniformed force, if succeeded by a permanent appointment, and as such shall be included and counted in determining eligibility for advancement, promotion, retirement and pension.
§ 14-110 Warrant of appointment; oath.
Every member of the force shall have issued to him or her by the department, a proper warrant of appointment, signed by the commissioner and chief clerk or first deputy clerk of the department or of the commissioner, which warrant shall contain the date of appointment and rank.
Each member of the force shall, before entering upon the duties of his or her office, take an oath of office and subscribe the same before any officer of the department who is empowered to administer an oath.
§ 14-111 Salaries of first grade police officers.
There shall be paid a minimum of three thousand dollars to all police officers of the first grade.
Such pay or compensation shall be paid bi-weekly to each person entitled thereto, subject to such deductions for or on account of lost time, sickness, disability, absence, fines or forfeitures, as the commissioner may by rules and regulations, from time to time, prescribe or adopt.
§ 14-112 Computation of compensation of members of the department after service in the fire department.
Any member of the police force in the department who prior to his or her appointment or employment as such, has served or shall have served, as a member of the uniformed force of the fire department, after appointment therein pursuant to the rules of the commissioner of citywide administrative services and the provisions of law applicable thereto, shall have the time served by him or her in such fire department counted as service in the department in determining his or her compensation, promotion, retirement and pension in such department as herein or otherwise provided, upon condition that he or she shall contribute to the police relief or pension fund a sum equal to the amount which he or she would have been required to contribute had the time served in the fire department been served in the department.
Within one year after the police pension fund shall request a transfer of reserves with respect to any such person who becomes a member of the police pension fund on or after July first, nineteen hundred ninety-eight, who performed such prior service in the uniformed force of the fire department, and who has qualified for benefits under this section, the fire department pension fund shall transfer to the contingent reserve fund of the police pension fund the reserve on the benefits of such member which is based on the contributions made by the employer (including the reserve-for-increased-take-home-pay). Such reserve shall be determined by the actuary of the fire department pension fund in the same manner as provided in section forty-three of the retirement and social security law. No such transfer of reserves pursuant to this subdivision shall be made with respect to any person who became a member of the police force in the department prior to July first, nineteen hundred ninety-eight.
§ 14-113 Computation of compensation of members of the department restored to duty after service in the fire department.
The time served by a member of the uniformed force of the department, who was appointed pursuant to the rules of the commissioner of citywide administrative services and the provisions of law applicable thereto and thereafter resigned after serving as such, to accept a position in the fire department and is thereafter restored to his or her former position as a member of the department, in accordance with the rules of such commissioner and the provisions of law applicable thereto, in both departments, shall be included and counted as service in the department, in determining his or her compensation, promotion, retirement and pension as herein or otherwise provided. Any such person shall be entitled to participate in the benefits of the police pension fund if he or she shall have contributed to such pension fund a sum equal to that which he or she would have been required to contribute had he or she remained a member of the uniformed force of the department from the date of his or her entry into the service of the department.
§ 14-114 Promotions.
Promotions of officers and members of the force shall be made by the commissioner, as provided in section eight hundred seventeen of the charter, on the basis of seniority, meritorious service and superior capacity, as shown by competitive examination, but a detail to act as inspector, or to service in the detective bureau, as hereinafter provided, shall not be deemed a promotion. Individual acts of personal bravery or honorable service in the United States army, navy, marine corps or army nurse corps in times of war may be treated as an element of meritorious service in such examination, the relative rating therefor to be fixed by the commissioner of citywide administrative services. The police commissioner shall transmit to the commissioner of citywide administrative services in advance of such examination the complete record of each candidate for promotion.
Sergeants shall be selected from among police officers of the first grade. Lieutenants shall be selected from among sergeants who shall have served at least one year continuously as such. Captains shall be selected from among lieutenants who shall have served at least one year as lieutenants.
The commissioner shall, in the exercise of his or her discretion, from time to time, detail nineteen captains and so many others as the mayor may authorize upon the recommendation of the commissioner to act as inspectors, with the title, while so acting, of inspectors of police and at his or her pleasure may revoke any or all such details. While so detailed, such officers shall receive a salary to be fixed by the mayor, in addition to the amount of salary which regularly attaches to the office of captain. When a captain shall have acted under regular detail in any capacity above the rank of captain, during a period or periods aggregating two years, such officer, upon becoming eligible therefor, shall be entitled to a pension of not less than one-half of the salary received by him or her per year. When the commissioner, however, designates a captain to act in the place of a captain under regular detail as inspector, during the temporary absence or disability of the latter the officer so designated shall not be entitled to any additional salary, and the period of such designation shall not be counted in his or her favor in computing such two-year period. When a captain shall have served in the rank of captain for a period of fifteen years, he or she shall have the same rights in respect to the police pension fund as a captain detailed to act as deputy chief who shall have served as such for a period of time aggregating two years. A captain who shall have served as such less than fifteen years and more than ten years shall have the same rights in respect to the police pension fund as a captain detailed to act as inspector who shall have served as such for a period of time aggregating two years. A captain who shall have served as such less than ten years and more than five years shall have the same rights in respect to such police pension fund as a captain detailed to act as a deputy inspector who shall have served as such for a period of time aggregating two years. A period beginning March thirtieth, nineteen hundred sixty-five, and ending November thirtieth, nineteen hundred sixty-six, during which a captain shall have served as a provisional captain immediately prior to a permanent promotion to such rank shall be deemed to have been service as a permanent captain for the purposes of this section. A captain, while detailed to act as inspector, shall be chargeable with and responsible for the discipline and efficiency of the force under his or her command.
§ 14-115 Discipline of members.
The commissioner shall have power, in his or her discretion, on conviction by the commissioner, or by any court or officer of competent jurisdiction, of a member of the force of any criminal offense, or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or any conduct injurious to the public peace or welfare, or immoral conduct or conduct unbecoming an officer, or any breach of discipline, to punish the offending party by reprimand, forfeiting and withholding pay for a specified time, suspension, without pay during such suspension, or by dismissal from the force; but no more than thirty days’ salary shall be forfeited or deducted for any offense. All such forfeitures shall be paid forthwith into the police pension fund.
Members of the force, except as elsewhere provided herein, shall be fined, reprimanded, removed, suspended or dismissed from the force only on written charges made or preferred against them, after such charges have been examined, heard and investigated by the commissioner or one of his or her deputies upon such reasonable notice to the member or members charged, and in such manner or procedure, practice, examination and investigation as such commissioner may, by rules and regulations, from time to time prescribe.
The commissioner is also authorized and empowered in his or her discretion, to deduct and withhold salary from any member or members of the force, for or on account of absence for any cause without leave, lost time, sickness or other disability, physical or mental; provided, however, that the salary so deducted and withheld shall not, except in case of absence without leave, exceed one-half thereof for the period of such absence; and provided, further, that not more than one-half pay for three days shall be deducted on account of absence caused by sickness.
Upon having found a member of the force guilty of the charges preferred against him or her, either upon such member’s plea of guilty or after trial, the commissioner or the deputy examining, hearing and investigating the charges, in his or her discretion, may suspend judgment and place the member of the force so found guilty upon probation, for a period not exceeding one year; and the commissioner may impose punishment at any time during such period.
§ 14-116 Limitations of suits.
Actions or proceedings, either at law or in equity, shall be commenced or maintained against the police department, or any member thereof, or against the commissioner, or against the mayor, or against the city by any member or officer, or former member or officer of the force or department to recover or compel the payment of any salary, pay, money or compensation for or on account of any service or duty, or to recover any salary, compensation or moneys, or any part thereof forfeited, deducted or withheld for any cause, only if such action, suit or proceedings shall be commenced within two years after the cause of action shall have accrued.
A proceeding may be brought to procure the restoration or reinstatement to the force or department of any member or officer thereof, if such proceeding be instituted within four months after the decision or order sought to be reviewed. Such proceeding when so brought shall be placed upon the calendar by the party instituting the same for hearing by a term of the court not later than the second term after the filing of the answer or return and of service of notice of such filing upon the party instituting the proceeding. In the event of the failure of the party instituting the proceeding to place it upon the calendar, then such proceeding shall be dismissed for want of prosecution upon application therefor by the corporation counsel, unless the court for good and sufficient cause shall otherwise order.
§ 14-117 Assignment to police duty.
Only officers and members of the police force shall be assigned to police duty.
§ 14-118 School crossing guards.
Notwithstanding the provisions of section 14-117 of this title, the commissioner may employ persons to be known as school crossing guards, for such periods of time as in his or her discretion the commissioner deems advisable. Such school crossing guards shall be empowered to direct pedestrian and vehicular traffic at locations to which they may be assigned, and shall perform such other related duties as may be prescribed by the commissioner.
Nothing contained herein shall be construed to constitute such school crossing guards members of the police force, or to entitle them to the privileges and benefits of the members of the police force, or to become members of the police pension fund.
The commissioner shall have authority to promulgate rules and regulations governing the conduct of such school crossing guards. The commissioner shall prescribe the insignia or uniform to be worn by the guards while on duty.
§ 14-118.1 Voluntary fingerprinting of school children.
The commissioner shall, in cooperation with the board of education, local school boards and private schools, institute a program to train persons designated by the appropriate school authority to administer the voluntary fingerprinting of New York city public and private school students in grades kindergarten through twelve and such persons to be trained shall not be police or police auxiliary personnel.
The program shall provide resources so that every school may offer the parents or legal guardians of a child the opportunity to have the child fingerprinted at school.
No child may be fingerprinted without first presenting an authorization form signed by a parent or legal guardian. Notwithstanding parental consent, any child over the age of fourteen shall also sign an authorization form, or may refuse to participate in the program.
Any fingerprints or other information supplied under the program shall be placed in the sole custody of the child’s parents or legal guardians on the same day as supplied and no copy or record of such fingerprints shall be retained by the commissioner or the school. Upon the child attaining the age of eighteen years, said child shall be entitled to the return of his/her fingerprints from the parents or legal guardians.
§ 14-118.2 Traffic and parking enforcement by employees not police officers.
Notwithstanding any other provision of law, the commissioner may employ persons who shall not be police officers to engage in the performance of duties involving the enforcement of laws and regulations relating to (1) the parking of vehicles and (2) the regulating, directing, controlling and restricting of the movement of vehicular and pedestrian traffic, both such duties in furtherance of the facilitation of traffic, the convenience of the public and the proper protection of human life and health.
Nothing contained herein shall be construed to entitle such employees to the privileges and benefits of police officers, or to become members of the police pension fund.
§ 14-119 Department to cooperate with department of health and mental hygiene.
It shall be the duty of the department, and of its officers and members of the force, as the commissioner shall direct, to promptly advise the department of health and mental hygiene of all threatened danger to human life and health, and of all matters thought to demand its attention, and to regularly report to the department of health and mental hygiene all violations of its rules and ordinances, and of the health laws, and all useful sanitary information.
It shall be the duty of the department, by and through its proper officers, members and agents, to faithfully and at the proper time enforce and execute the sanitary rules and regulations, and the orders of the department of health and mental hygiene, made pursuant to the power of the department of health and mental hygiene, upon the same being received in writing and duly authenticated.
In and about the execution of any order of the department of health and mental hygiene, or of the department made pursuant thereto, members of the force shall have power and authority as when obeying any order of or law applicable to the department; but for their conduct they shall be responsible to the department and not to the department of health and mental hygiene. The department of health and mental hygiene may, with the consent of the department, impose any portion of the duties of subordinates in such department upon subordinates in the department.
The department is authorized to employ and use the appropriate persons and means, and to make the necessary expenditures for the execution and enforcement of the rules, orders and regulations of the department of health and mental hygiene, and such expenditures, so far as the same may not be refunded or compensated by the means herein elsewhere provided, shall be paid as the other expenses of the department of health and mental hygiene are paid.
§ 14-120 Detail of officers to assist department of health and mental hygiene.
The commissioner, upon the requisition of the department of health and mental hygiene, shall detail suitable officers to the service of such department of health and mental hygiene for the purpose of the enforcement of the provisions of the health code, and of the acts relating to multiple dwellings. Such officers shall belong to the sanitary company of police, and shall report to the department of health and mental hygiene. The department of health and mental hygiene may report back to the department for punishment any member of such company guilty of any breach of order or discipline or of neglecting his or her duty. Thereupon the commissioner shall detail another officer in his or her place. The discipline of such members of the sanitary company shall be in the jurisdiction of the department, but at any time the department of health and mental hygiene may object to any member of such company on the ground of inefficiency.
§ 14-121 Details to special duty.
A transfer, detail or assignment to special duty of any member of the force, except in cases authorized or required by law, shall not hereafter be made or continued, except for police purposes and in the interests of police service. The commissioner, however, whenever the exigencies of the case require it, may make a detail to special duty for a period not exceeding three days, at the expiration of which the member or members so detailed shall report for duty to the officer of the command from which the detail was made.
§ 14-122 Relief from active duty due to disability.
The commissioner shall have power to relieve from active duty on patrol any member of the police force, who, while in the actual performance of duty and without fault or misconduct on his or her part, shall have become disabled, physically, as a result of injuries or illness attributable thereto, so as to be unfit to perform full police duty, such disability having been certified to by so many of the police surgeons as the commissioner may require. Such member may be assigned to the performance of such light duties as he or she may be qualified to perform. The term “disabled” as used in this section shall not include those members of the police force who can fully perform police duties with the use of a hearing assistance device.
§ 14-122.1 Receipt of line of duty pay.
A member of the force in the rank of police officer, other than an officer who is detailed or designated as a detective or who holds the position of sergeant or any position of higher rank in such force, shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a member of the force, as determined by the department.
A member of the force who is detailed or designated as a detective or who holds the position of sergeant or any position of higher rank in such force shall be entitled pursuant to this section to the full amount of his or her regular salary for the period of any incapacity due to illness or injury incurred in the performance and discharge of duty as a member of the force, as determined by the department, only in the event that a collective bargaining agreement granting such entitlement pursuant to this section has been made by the city and the certified employee organization representing such member. The first entitlement of any such member of the force to the full amount of regular salary under this section shall commence on the date of execution of the collective bargaining agreement providing for such entitlement with respect to such member.
Nothing in this section shall be construed to affect the rights, powers and duties of the commissioner pursuant to any other provision of law, including, but not limited to, the right to discipline a member of the force by termination, reduction of salary, or any other appropriate measure; the power to terminate an appointee who has not completed his or her probationary term; and the power to apply for ordinary or accident disability retirement for a member of the force.
Nothing in this section shall be construed to require payment of salary to a member of the force who has been terminated, retired, suspended or otherwise separated from service by reason of death, retirement or any other cause.
A decision as to eligibility for benefits pursuant to this section shall not be binding on the medical board or the board of trustees of any pension fund in the determination of eligibility for an accident disability or accidental death benefit.
As used in this section the term “incapacity” shall mean the inability to perform full, limited, or restricted duty.
§ 14-123 Suspension of members of force.
The commissioner shall have power to suspend, without pay, pending the trial of charges, any member of the force. If any member so suspended shall not be convicted by the commissioner of the charges so preferred, he or she shall be entitled to full pay from the date of suspension, notwithstanding such charges and suspension.
§ 14-124 Termination of service of members of force because of superannuation.
No member of the police force in the department, except surgeons of police, a roentgenologist and a veterinarian, who is or hereafter attains the age of sixty-three years shall continue to serve as a member of such force but shall be retired and placed on the pension rolls of the department, provided, however, that any member who is not eligible for retirement at age sixty-three shall continue to serve as a member only until such time as he or she becomes eligible for such pension service retirement, provided further that any member participating in the social security program may elect to remain in the department but only until such time as he or she has earned the minimum number of quarters of coverage required to assure future eligibility for social security retirement benefits, but in no event beyond sixty-five years of age. Notwithstanding the provisions of this section or of any other section of law, any member who shall not have completed thirty-five years of creditable city service within the meaning of subdivision j of section 13-206, prior to attaining the age of sixty-three years may continue to serve as a member until he or she shall have completed such thirty-five years of creditable city service.
§ 14-125 Rehearing of charges; reinstatement of members of department.
Upon written application to the mayor by the person aggrieved, setting forth the reasons for demanding such rehearing, the commissioner may rehear the charges upon which a member or a probationary member of the uniformed force has been dismissed, or reduced from the rank theretofore held by him or her. Such person or persons shall be required to waive in writing all claim against the city for back pay and shall obtain from the mayor his or her consent to such rehearing, such consent to be in writing and to state the reasons why such charges should be reheard.
Such application for a rehearing shall be made within one year from the date of the removal or reduction in rank.
If the commissioner shall determine that such member has been illegally or unjustly dismissed or reduced, the commissioner may reinstate such member or restore him or her to the rank from which he or she was reduced, as the case may be, and allow him or her the whole of his or her time since such dismissal, to be applied on his or her time of service in the department, or the commissioner may grant such other or further relief as he or she may determine to be just, or the commissioner may affirm the dismissal or reduction, as he or she may determine from the evidence.
If the applicant be a probationary member of the department, the commissioner may allow him or her the time already served as a probationary member to count as time served, but shall not allow the time between the date of his or her dismissal and his or her restoration to count as service in the department.
Employees of the department, not entitled to a trial before dismissal, and who were given an opportunity to explain charges before they were removed, may apply to the mayor, within one year from the date of the order separating them from the service, for a further opportunity to explain, setting forth the reasons for such action. The mayor, in his or her discretion, may grant such application. The commissioner, thereupon, shall afford a further opportunity to the dismissed employee to explain the charges filed against him or her, on which the removal was based. Thereafter the commissioner, in his or her discretion, may reinstate the dismissed employee or reaffirm the previous removal. Prior to any reinstatement hereunder, such former employee shall file a written statement waiving all claim or claims for back salary and damages of any kind whatsoever.
§ 14-126 Resignations, absence on leave.
A member of the force, under penalty of forfeiting the salary which may be due such member, shall not withdraw or resign, except by permission of the commissioner.
Absence, without leave, of any member of the force for five consecutive days shall be deemed and held to be a resignation, and the member so absent shall, at the expiration of such period cease to be a member of the force and be dismissed therefrom without notice.
Leave of absence, other than for sickness, exceeding thirty days in any one year shall be granted or allowed to any member of the force, only upon the condition that such member shall waive and release not less than one-half of all salary and claim thereto during such absence.
§ 14-127 Contingent expenses of department, bond of commissioner.
The commissioner of finance shall from time to time pay over and advance to the commissioner such portions of the appropriation made to the department for contingent expenses, not exceeding one hundred fifty thousand dollars at any one time, for which requisition may be made by such commissioner. The commissioner shall transmit to the department of finance the original vouchers for the payment of all sums of money disbursed by such commissioner on account of such contingent expenses, and no greater sum than one hundred fifty thousand dollars in excess of the amount duly accounted for by such vouchers shall be advanced to the commissioner at any one time.
The commissioner shall give a bond of one hundred fifty thousand dollars, with two sufficient sureties, to be approved by the comptroller, for the faithful performance of the duties imposed and privileges conferred upon such commissioner by this section.
§ 14-128 Three platoon system; traffic squad not affected by.
The three platoon system shall not apply to or govern the hours or tours of duty of sergeants or police officers of the city of New York, who may from time to time be detailed or assigned to what is known and designated as the traffic squad, provided, nevertheless, that the total number of members of the police force or department of such city, so detailed or assigned to such traffic squad, shall not at any time exceed in the aggregate one-third of the entire police force or department.
§ 14-129 Commissioner; to fix boundaries of precincts; to furnish station houses.
The number and boundaries of the precincts shall be fixed by the commissioner. The commissioner shall, from time to time, with the approval of the mayor, within the appropriation provided therefor, establish, provide and furnish stations and station houses, or substations and substation houses, at least one to each precinct, for the accommodation thereat of members of the force, and as places of temporary detention for persons arrested and property taken within the precinct. However, the commissioner shall provide written notice with supporting documentation at least forty-five days prior to the permanent closing, removal or relocation of any permanent station, station house, substation or substation house to the council members, community boards and borough presidents whose districts are served by such facility and the chairperson of the council’s public safety committee. For purposes of this section, the term “permanent” shall mean a time period in excess of six months. In the event that the permanent closing of any stations and station houses, or substations and substation houses does not occur within four months of the date of the written notice, the commissioner shall issue another written notice with supporting documentation prior to such permanent closing. The four months during which the written notice is effective shall be tolled for any period in which a restraining order or injunction prohibiting the closing of such noticed facility shall be in effect.
A sufficient sum of money shall be appropriated annually for the purpose of furnishing horses, automotive equipment and apparatus connected therewith, and the maintenance thereof, and for the other purposes authorized by this section.
§ 14-130 Returns of arrests; accused to be taken before judge of the criminal court.
Every arrest made by any member of the force shall be made known immediately to the superior on duty in the precinct wherein the arrest was made, by the person making the same. It shall be the duty of such superior, to make written return of such arrest within twenty-four hours, according to the rules and regulations of the department, with the name of the party arrested, the alleged offense, the time and place of arrest, and the place of detention.
Each member of the force, under the penalty of ten days’ fine, or dismissal from the force, at the discretion of the commissioner, immediately upon an arrest, shall convey in person the offender before the nearest sitting judge of the criminal court, that he or she may be dealt with according to law. If the arrest is made during the hours that the judge of the criminal court does not regularly hold court, or if the judge of the criminal court is not holding court, such offender may be detained in a precinct or station house thereof, until the next regular public sitting of the judge of the criminal court, and no longer, and shall then be conveyed without delay before the judge of the criminal court to be dealt with according to law.
§ 14-131 Accommodations for women.
The commissioner shall designate one or more station houses for the detention and confinement of women under arrest in the city. The commissioner shall provide sufficient accommodations for women held under arrest, keep them separate and apart from the cells, corridors and apartments provided for males under arrest, and so arrange each station house that no communication can be had between men and women therein confined, except with the consent of the officer in command of such station house. Officers or employees other than female staff assigned to this detail, shall be admitted to the corridors or cells of the women prisoners only with the consent of the officer in command of such station house. In every station house to which female members of the force or other female staff are detailed, toilet accommodations shall be provided for female staff, which accommodations shall be wholly separate and apart from the toilet accommodations provided for prisoners, or for male personnel attached to such station house.
§ 14-132 Proceedings where woman is arrested.
Whenever a woman is arrested and taken to a police station, it shall be the duty of the officer in command of the station to cause a female staff member assigned to this detail to be summoned forthwith, and whenever a woman is arrested in any precinct in which no such female staff member is assigned, she shall be taken directly to the station house designated to receive the women prisoners of the precinct in which the arrest is made. Such separate confinement, or any such removal of any woman, shall not operate to take from any court any jurisdiction which it would have had. The term “woman” as used in this section and section 14-131 of this title shall not include any female either actually or apparently under the age of sixteen years whose care is assumed by any incorporated society for the prevention of cruelty to children; but every such female detainee under the age of sixteen shall be taken directly to a station house designated to receive women prisoners and shall be at once transferred therefrom by the officer in charge, to the custody of such society.
§ 14-133 Use of boats.
In any precinct or precincts, comprising waters of the harbor, the commissioner may use and procure, through the department of citywide administrative services, such boats as shall be deemed necessary.
§ 14-134 Civil process.
A police officer while actually on duty shall not be liable to arrest on civil process, or to service of subpoena from civil courts.
§ 14-135 Reimbursement for loss of property by member of force while in performance of duty.
Whenever any member of the uniformed force of the department shall, while in the actual performance of police duty, lose or have destroyed any of his or her personal belongings, satisfactory proof thereof having been shown to the commissioner, such member shall be reimbursed to the extent of the loss sustained, at the expense of the city.
§ 14-136 Rewards.
To members of force. The commissioner for meritorious and extraordinary services rendered by any member of the force in due discharge of his or her duty, may permit any member of the force to retain for his or her own benefit any reward or present, or some part thereof, tendered him or her therefor; and it shall be cause for removal from the force for any member thereof to receive any such reward or present without notice thereof to the commissioner. Upon receiving such notice, the commissioner may either order the said member to retain the same, or shall dispose of it for the benefit of the police pension fund.
To informers. The commissioner shall have authority to offer rewards to induce any person to give information which shall lead to the detection, arrest and conviction of persons guilty of a felony and to pay such awards to such persons who shall give such information. Such a reward shall be offered only if there be an unexpended appropriation therefor. The city shall make the necessary appropriation for such purpose.
§ 14-137 Subpoenas; administration of oaths.
The commissioner, and his or her deputies shall have the power to issue subpoenas, attested in the name of the commissioner and to exact and compel obedience to any order, subpoena or mandate issued by them and to that end may institute and prosecute any proceedings or action authorized by law in such cases. The commissioner, and his or her deputies may in proper cases issue subpoena duces tecum. The commissioner may devise, make and issue process and forms of proceedings to carry into effect any powers or jurisdiction possessed by him or her.
The commissioner, each of his or her deputies, the chief clerk, and the first and second deputy clerks of such department and hearing officers of the division of licenses or any superior officer of the rank of sergeant or above specifically designated by the commissioner, are hereby authorized and empowered to administer oaths and affirmations in the usual or appropriate forms, to any person in any matter or proceedings authorized as aforesaid, and in all matters pertaining to the department, or the duties of any officer or other person in matters of or connected with such department and to administer oaths of office which may be taken or required in the administration or affairs of such department, and to take and administer oaths and affirmations, in the usual or appropriate forms in taking any affidavit or disposition which may be necessary or required by law or by order, rule or regulation of the commissioner for or in connection with the official purposes, affairs, powers, duties or proceedings of the department, or of such commissioner or member of the force or any official purpose lawfully authorized by said commissioner.
Any person making a complaint that a felony or misdemeanor has been committed may be required to make oath or affirmation thereto, and for this purpose the commissioner, each of his or her deputies, the chief clerk, or deputy clerks of the department, the inspectors, captains, lieutenants and sergeants shall have power to administer oaths and affirmations.
§ 14-138 Minutes of commissioner; when evidence.
A copy of the minutes of the commissioner or of any part of such minutes, or of any order or resolution of the commissioner, or of the rules and regulations established by him or her when certified by the commissioner or the chief clerk, or first deputy clerk of the department, may be given in evidence upon any trial, investigation, hearing or proceeding in any court, or before any tribunal, commissioner or commissioners, or board, with the same force and effect as the original.
§ 14-139 Disposal of horses.
Whenever any horses used in the department shall have become unfit for use therein, the commissioner, instead of causing such horses to be sold at auction, may transfer such horses to the custody of the American Society for the Prevention of Cruelty to Animals, provided such society is willing to accept the custody thereof, to be disposed of in such manner as such society may deem best. If, however, any horse so received into the custody of such society and formerly used in the department shall thereafter be sold by such society, or any profit be derived from its use, the proceeds from such sale or use shall be paid over by such society to the commissioner, for the benefit of the police pension fund.
§ 14-140 Property clerk.*
Appointment, duties and security.
The commissioner shall employ a property clerk who shall take charge of all property and money hereinafter described.
All such property and money shall be described and registered by the property clerk in a record kept for that purpose, which shall contain a description of such property or money, the name and address of the owner or claimant if ascertained, the date and place where obtained or found, the name and address of the person from whom taken or obtained, with the general circumstances, the name of the officer by whom recovered or obtained, the date when received by the property clerk, the names and addresses of all claimants thereto, and any final disposition of such property or money.
The property clerk shall have power to administer oaths to and take affidavits and depositions of any person or claimant in all matters pertaining to the powers and duties of the property clerk, and property and money in his or her custody and claims thereto.
The commissioner may require and take security for the faithful performance of the duties of the property clerk.
Custody of property and money. All property or money taken from the person or possession of a prisoner, all property or money suspected of having been unlawfully obtained or stolen or embezzled or of being the proceeds of crime or derived through crime or derived through the conversion of unlawfully acquired property or money or derived through the use or sale of property prohibited by law from being held, used or sold, all property or money suspected of having been used as a means of committing crime or employed in aid or furtherance of crime or held, used or sold in violation of law, all money or property suspected of being the proceeds of or derived through bookmaking, policy, common gambling, keeping a gambling place or device, or any other form of illegal gambling activity and all property or money employed in or in connection with or in furtherance of any such gambling activity, all property or money taken by the police as evidence in a criminal investigation or proceeding, all property or money taken from or surrendered by a pawnbroker on suspicion of being the proceeds of crime or of having been unlawfully obtained, held or used by the person who deposited the same with the pawnbroker, all property or money which is lost or abandoned, all property or money left uncared for upon a public street, public building or public place, all property or money taken from the possession of a person appearing to be insane, intoxicated or otherwise incapable of taking care of himself or herself, that shall come into the custody of any member of the police force or criminal court, and all property or money of inmates of any city hospital, prison or institution except the property found on deceased persons that shall remain unclaimed in its custody for a period of one month, shall be given, as soon as practicable, into the custody of and kept by the property clerk except that vehicles suspected of being stolen or abandoned and evidence vehicles as defined in subdivision b of section 20-495 of the code may be taken into custody in the manner provided for in subdivision b of section 20-519 of the code.
Return of property and money to person accused. Whenever property or money taken from any person arrested shall be alleged to have been feloniously obtained, or to be the proceeds of crime, and brought, with all ascertained claimants thereof, and the person arrested, before a judge of the criminal court for adjudication, and the judge of the criminal court shall be satisfied from the evidence that the person arrested is innocent of the offense alleged, and that the property rightfully belongs to him or her, then such judge thereupon, in writing, may order such property or money to be returned, and the property clerk, if he or she have it, to deliver such property or money to the accused person, and not to any attorney, agent or clerk of such accused person.
Disputed ownership. If any claim to the ownership of such property or money shall be made on oath before the judge, by or in behalf of any other persons than the person arrested, and such accused person shall be held for trial or examination, such property or money shall remain in the custody of the property clerk until the discharge or conviction of the person accused and until lawfully disposed of.
Disposition of property and money.
Abandoned vehicles subject to the provisions of section twelve hundred twenty-four of the vehicle and traffic law in the custody of the property clerk shall be disposed of in accordance with the provisions of such section twelve hundred twenty-four. The city may convert to its own use in any calendar year one percent of any such abandoned vehicles not subject to subdivision two of such section twelve hundred twenty-four which are not claimed. All moneys or property other than abandoned vehicles subject to the provisions of such section twelve hundred twenty-four that shall remain in the custody of the property clerk for a period of three months without a lawful claimant entitled thereto shall, in the case of moneys, be paid into the general fund of the city established pursuant to section one hundred nine of the charter, and in the case of property other than such abandoned vehicles, be sold at public auction after having been advertised in “the City Record” for a period of ten days and the proceeds of such sale shall be paid into such fund. In the alternative, any such property may be used or converted to use for the purpose of any city, state or federal agency, or for charitable purposes, upon consultation with the human resources administration and other appropriate city agencies. Notwithstanding the foregoing, all property or money of a deceased person that shall come into the custody of the property clerk shall be delivered to a representative of the estate of such decedent and if there be no such representative, to the public administrator of the county where the decedent resided. Where moneys or property have been unlawfully obtained or stolen or embezzled or are the proceeds of crime or derived through crime or derived through the conversion of unlawfully acquired property or money or derived through the use or sale of property prohibited by law from being held, used or sold, or have been used as a means of committing crime or employed in aid or in furtherance of crime or held, used or sold in violation of law, or are the proceeds of or derived through bookmaking, policy, common gambling, keeping a gambling place or device, or any other form of illegal gambling activity or have been employed in or in connection with or in furtherance of any such gambling activity, a person who so obtained, received or derived any such moneys or property, or who so used, employed, sold or held any such moneys or property or permitted or suffered the same to be used, employed, sold or held, or who was a participant or accomplice in any such act, or a person who derives his or her claim in any manner from or through any such person, shall not be deemed to be the lawful claimant entitled to any such moneys or property except that as concerns any vehicle taken into custody in the manner provided for in subdivision b of section 20-519 of the code, the authorized tow company shall receive from the department the cost of towing and storage as provided under subdivision c of section 20-519.
The commissioner, however, where the property consists of any property that has been used as a means of committing crime or employed in aid or in furtherance of crime or held, used or sold in violation of law, or gambling apparatus or any property employed in or in connection with or in furtherance of any gambling activity, or burglar tools of any description, or firearms, cartridges or explosives, or armored or bullet-proof clothing or motor vehicles, or instruments, articles or medicines for the purpose of procuring abortion or preventing conception, or wines, fermented liquors and other alcoholic beverages and the receptacles thereof, or soiled, bloody or unsanitary clothing, or solids and liquids of unknown or uncertain composition, or opium, morphine, heroin, cocaine or any of its admixtures or derivatives, and other narcotics, or hypodermic syringes and needles, or obscene pictures, prints, books, publications, effigies or statues, or any poisonous, noxious, or deleterious solids or liquids, or any property which in the opinion of the commissioner, is of slight value or the sale of which might result in injury to the health, welfare or safety of the public, may direct and empower the property clerk to destroy each and every article of such nature. If, in the opinion of the commissioner, any such property may be used or converted to use for the purpose of the department or any city, state or federal agency, such property may in the discretion of the commissioner be used or converted to use for any such purpose, and the same need not be sold or destroyed as in this section provided.
Perishable property may be sold as soon as practicable on the best terms available and the proceeds of such sale shall be disposed of as in this section provided.
Lawful property right to be established. In any action or proceeding against the property clerk for or on account of any property or money in his or her custody, a claimant from whose possession such property or money was taken or obtained, or any other claimant, shall establish that he or she has a lawful title or property right in such property or money and lawfully obtained possession thereof and that such property or money was held and used in a lawful manner. In any such action or proceeding, a claimant who derives his or her title or right by assignment, transfer or otherwise from or through the person from whose possession such property or money was taken or obtained, shall further establish that such person had a lawful title or property right in such property or money and lawfully obtained possession thereof and that such property or money was held and used in a lawful manner.
No action for property or money held as evidence. No action or proceeding may be brought against the property clerk for or on account of any property or money held as evidence in any criminal investigation or proceeding until the termination thereof.
Preservation of property. Where the property consists of furs or other valuable property that may be subject to deterioration or damage if stored by the property clerk, the property clerk in his or her discretion may store such property with a private concern having special facilities for such storage, and the cost thereof shall be a lien upon such property to be paid by the owner thereof prior to the recovery of such property.
Removal and storage charges for motor vehicles and boats.
Whenever an abandoned motor vehicle or boat, or a motor vehicle or boat involved in an accident, or a boat found adrift and unoccupied upon the waters of the city of New York which is in the custody of the property clerk, shall be claimed by the owner or other person lawfully entitled to possession thereof, such owner or other person shall not be entitled to the return thereof unless he or she shall first pay to the property clerk a removal charge of twenty-five dollars and a storage charge of five dollars for each day, or fraction thereof, except that in the case of a boat found adrift and unoccupied upon the waters of the city of New York, such storage charge shall not be applied until three days after notice to the owner by registered mail from the property clerk that such boat is in police custody.
Whenever a stolen motor vehicle or boat, which is in the custody of the property clerk, shall not be removed by the owner or other person lawfully entitled to possession thereof within three days after notice by registered mail from the property clerk, such owner or other person shall not be entitled to the return thereof unless he or she shall first pay to the property clerk a storage charge of five dollars for each day, or fraction thereof, after the expiration of such three-day period.
Notwithstanding the provisions of paragraphs one and two of this subdivision, where the department has incurred charges for removal and storage of an abandoned or stolen motor vehicle pursuant to subchapter thirty-one of chapter two of title twenty of the code, an owner or other person lawfully entitled to possession of such motor vehicle shall not be entitled to the return thereof unless he or she shall first pay all such charges incurred by the department pursuant to such subchapter thirty-one together with any applicable storage charge provided for in this subdivision.
The removal and storage charges provided by this subdivision, or incurred by the department pursuant to subchapter thirty-one of chapter two of title twenty of such code, as applicable, shall be a lien upon such motor vehicle or boat and the property clerk shall refuse to return such motor vehicle or boat until such charges are paid, except that where such motor vehicle or boat is the property of an estate administered by a public administrator, the removal charge and the storage charge shall be general claims against the estate of the deceased.
The property clerk shall not require the payment of any charges provided by this subdivision for the removal or storage of any motor vehicle or boat in his or her custody while it is held as evidence in a criminal investigation or proceeding.
It shall be the duty of the property clerk to keep a complete record of the moneys collected pursuant to this subdivision. Such moneys shall be paid into the general fund of the city established pursuant to section one hundred nine of the charter. "Property and money desired to be produced in criminal court. If any property or money placed in the custody of the property clerk shall be desired to be produced as evidence in any criminal court, such property or money shall be delivered to any officer who shall present an order to that effect from such court. Property or money used as evidence in any criminal court shall not be retained in such court but shall be turned over as soon as practicable to the property clerk to be disposed of according to the provisions of this section."] ["Public administrators not affected. Nothing in this section shall in any way contravene, modify or repeal any existing provision of law, general, special or local, relating to the jurisdiction, powers, privileges, personnel, duties and functions of any public administrator."
Editor’s note: In McClendon v. Rossetti, 460 F.2d 111 , the court held that certain procedures of the police property clerk, which required persons from whom property was taken in the course of an arrest to commence a court proceeding to obtain the return of such property, combined with the provisions of section 14-140(f) of the Administrative Code, which required such persons to prove lawful possession of the property, denied such persons due process of law under the Fifth and Fourteenth amendments to the U.S. Constitution. Subsequent to the McClendon decision, the Police Department and the District Attorneys adopted procedures for claiming property taken or obtained by the police in the course of an arrest which were approved by the McClendon court. These procedures are codified as subchapter B of chapter 12 of title 38 of the Rules of the City of New York.
§ 14-141 Common law and statutory powers of constables.
The members of the force while on duty in the city and whenever in any other part of this state, shall possess all the common law and statutory powers of constables, except for the service of civil process, and any warrant for search or arrest, issued by any judge of this state, may be executed, in any part thereof, by any member of the force.
§ 14-147 Workers’ compensation for members of auxiliary police.
As used in this section, the term “member of the auxiliary police” shall mean and include only a volunteer who is a duly enrolled member in good standing of the auxiliary police which the city is authorized to recruit by subdivision five of section twenty-three of the New York state defense emergency act, as enacted by chapter seven hundred eighty-four of the laws of nineteen hundred fifty-one, and who is not within the coverage of the workers’ compensation law pursuant to group seventeen of subdivision one of section three of the workers’ compensation law.
Pursuant to the authorization contained in group nineteen of subdivision one of section three of the workers’ compensation law the coverage of the workers’ compensation law is hereby extended to the activities of any member of the auxiliary police during any period which such member is actually engaged in auxiliary police activites duly authorized by regulation or order issued pursuant to the New York state defense emergency act including any such activities as may be prescribed by the commissioner of the city pursuant to such regulation or order, such coverage shall extend to such member of the auxiliary police, but only to the extent that such member is not, as to any such activities, covered by article ten of the workers’ compensation law.
§ 14-148 Uniform allowance for members of auxiliary police.
Legislative intent. In the public interest and under the powers granted by the charter to the council to enact legislation for the good and welfare of the citizens of New York, it is the intent of the council by this legislation to attract more men and women to serve as auxiliary police. These men or women are trained by our regular police forces and are similarly uniformed and equipped except that they do not carry guns. The appearance on the streets of many men or women wearing the police uniform, in precincts where auxiliary police are active, has done much to reduce the crime rates in those areas. Auxiliary police serve without pay as civic minded citizens. Their presence in uniform on the streets serves to release regular uniformed police for patrol duty and lessens the neighborhood fear of crime. Auxiliary police patrol in pairs and by radio can summon instant assistance from the regular police should they encounter a situation which they have not been trained to handle. Their presence on the streets makes for good community relations between the citizens and the regular police. It is small repayment for the valuable services they render to provide them with a uniform allowance.
Allowance. Duly enrolled members in good standing of the auxiliary police, upon successful completion of training, shall receive an initial allowance not to exceed two hundred fifty dollars towards the initial purchase of uniforms and accessories for same, including care and maintenance. The amount of such allowance shall be determined by the police commissioner and shall not exceed the actual costs incurred for such uniforms and accessories including care and maintenance. Such members other than those receiving such initial allowance in the then current or preceding fiscal year, shall be eligible for an allowance towards the purchase of uniforms and accessories for same, including care and maintenance to be awarded to each such member who shall otherwise qualify in accordance with the provisions of this subdivision. The commissioner shall determine the amount of the allowance to be awarded based on but not limited to the member’s participation, hours of service, expense incurred in maintaining uniforms and equipment and such other facts deemed pertinent by the commissioner. Payments shall be made for the preceding fiscal year after certification by the commanding officer of the auxiliary forces section to the police commissioner of such facts as the commissioner may deem pertinent to enable him or her to make his or her determination.
Auxiliary police not to be members of regular police force. Notwithstanding the provisions of this section nothing contained therein shall be construed to constitute such auxiliary police officers members of the regular police force or to entitle them to the privileges and benefits of the regular police force or to become members of the police pension funds.
§ 14-149 Police 911 operational time analysis report.
Definitions. For the purposes of this section, the following terms shall be defined as follows:
(i) “Call” shall mean a telephone call to the 911 emergency assistance system.
(ii) “Incident” shall mean an event which results in the response of a police unit as a result of a call to the 911 emergency assistance system, regardless of the number of calls made with respect to such incident.
(iii) “Police unit” shall mean a radio motor patrol unit, patrol officer or other police department personnel.
(iv) “Dispatch time” shall mean the interval of time between the time the information received by the 911 telephone operator is entered into the 911 emergency assistance system and the assignment of a police unit to the scene of the incident.
(v) “Travel time” shall mean the interval of time between the assignment of a police unit and the arrival of the first police unit at the scene of the incident.
(vi) “Response time” shall mean the sum of dispatch time and travel time.
(vii) “Disposition” shall mean a police unit’s report to the 911 emergency assistance system on its response to an assignment that has resulted from a call or incident.
The New York city police department shall submit to the city council an operational time analysis report summarizing departmental performance with respect to calls to the 911 emergency assistance system. Such report shall include the following information:
The aggregate number of calls on a citywide and borough-wide basis.
The aggregate number of incidents.
The aggregate number of incidents where the dispatcher has received a disposition from a police unit.
The aggregate number of incidents involving a report of a crime in progress.
The aggregate number of incidents involving a report of a crime in progress resulting in the dispatch of a police unit where the dispatcher received confirmation of a police unit’s arrival at the scene of the incident.
The average dispatch time, travel time and response time for all police units responding to incidents involving a report of a crime in progress.
The aggregate number of incidents involving a report of a crime in progress in each of the following categories:
(i) those for which response time was no greater than ten minutes;
(ii) those for which response time was greater than ten minutes but no more than twenty minutes;
(iii) those for which response time was greater than twenty minutes but no more than thirty minutes;
(iv) those for which response time was greater than thirty minutes but no more than one hour; and
(v) those for which response time was greater than one hour.
The data contained in the 911 operational time analysis report required by paragraphs two through seven of subdivision b of this section shall be provided on a citywide, borough-wide, precinct-by-precinct and tour-by-tour basis. The 911 operational time analysis report shall be submitted to the council quarterly. In addition, the data contained in such report shall be incorporated in the mayor’s preliminary and final management reports. Notwithstanding any other provision of law, the operational time analysis report required by subdivision b to be submitted to the council is not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and is not required to be made available to the public on or through the department of records and information services’ web site, or its successor’s web site.
§ 14-150 Police department reporting requirements.
The New York City Police Department shall submit to the city council on a quarterly basis the following materials, data and reports:
All academy, in-service, roll-call and other specialized department training materials and amendments thereto distributed to cadets, recruits, officers and other employees of the department, except where disclosure of such material would reveal nonroutine investigative techniques or confidential information or where disclosure could compromise the safety of the public or police officers or could otherwise compromise law enforcement investigations or operations.
[Repealed.]
A report detailing the number of uniformed personnel and civilian personnel assigned to each and every patrol borough and operational bureau performing an enforcement function within the police department, including, but not limited to, each patrol precinct, housing police service area, transit district and patrol borough street crime unit, as well as the narcotics division, fugitive enforcement division and the special operations division including its subdivisions, but shall not include internal investigative commands and shall not include undercover officers assigned to any command. Such report shall also include, for each school operated by the department of education to which school safety agents are assigned, the number of school safety agents, averaged for the quarter, assigned to each of those schools.
A crime status report. Such report shall include the total number of crime complaints (categorized by class of crime, indicating whether the crime is a misdemeanor or felony) for each patrol precinct, including a subset of housing bureau and transit bureau complaints within each precinct; arrests (categorized by class of crime, indicating whether the arrest is for a misdemeanor or felony) for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; summons activity (categorized by type of summons, indicating whether the summons is a parking violation, moving violation, environmental control board notice of violation, or criminal summons) for each patrol precinct, housing police service area and transit district; domestic violence radio runs for each patrol precinct; average response time for critical and serious crimes in progress for each patrol precinct; overtime statistics for each patrol borough and operational bureau performing an enforcement function within the police department, including, but not limited to, each patrol precinct, housing police service area, transit district and patrol borough street crime unit, as well as the narcotics division, fugitive enforcement division and the special operations division, including its subdivisions, but shall not include internal investigative commands and shall not include undercover officers assigned to any command. Such report shall also include the total number of complaints of all sex offenses as defined in article 130 of the New York state penal law, in total and disaggregated by the following offenses: rape as defined in sections 130.25, 130.30, and 130.35; criminal sexual act as defined in sections 130.40, 130.45, and 130.50; misdemeanor sex offenses as defined in sections 130.20, 130.52, 130.55, and 130.60; sexual abuse as defined in sections 130.65, 130.65-a, 130.66, 130.67, and 130.70; course of sexual conduct against a child as defined in sections 130.75 and 130.80; and predatory sexual assault as defined in sections 130.95 and 130.96. Such report shall also include the total number of major felony crime complaints for properties under the jurisdiction of the department of parks and recreation, pursuant to the following timetable:
Beginning January first, two thousand fourteen, the thirty largest parks, as determined by acreage;
Beginning June first, two thousand fourteen, the one hundred largest parks, as determined by acreage;
Beginning January first, two thousand fifteen, the two hundred largest parks, as determined by acreage;
Beginning January first, two thousand sixteen, the three hundred largest parks, as determined by acreage;
Beginning January first, two thousand seventeen, all parks one acre or greater in size; and
Beginning January first, two thousand eighteen, all public pools, basketball courts, recreation centers, and playgrounds that are not located within parks one acre or greater in size.
The department shall conspicuously post all quarterly reports of major felony crime complaints for properties under the jurisdiction of the department of parks and recreation online via the department’s website within five business days of the department’s submission of such reports to the council.
A report based on the information provided in the department’s Stop, Question and Frisk Report Worksheet and any successor form or worksheet. Such report shall include the number of stop, question and frisks for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a breakdown of the number of stop, question and frisks by race and gender for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; the number of suspects arrested or issued a criminal or civil summons as indicated on each stop, question and frisk report for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a breakdown by race and gender of the suspects arrested or issued a criminal or civil summons as indicated on each stop, question and frisk report for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a listing, by category, of the factors leading to the stop, question and frisk for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division, with a breakdown by race and gender for each listed factor; and a summary of complaints of violent felony crime for each patrol precinct, with a breakdown by race and gender of the suspect as identified by the victim.
A report, for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division, of the number of summonses issued for moving violations, with a breakdown by race and gender. Such report shall be generated using data provided by the State Department of Motor Vehicles at such time as the State Department of Motor Vehicles amends its traffic summons to reflect such race and gender information.
A report of the number of positions that are civilianizable, including a listing of each position by job title, and the number of positions that were civilianized. “Civilianizable” shall mean any position that does not require uniformed expertise.
A report of the number of firearms, including ghost guns and firearms created using a three-dimensional printer, or any piece or part thereof, possessed in violation of law that have been seized, disaggregated by precinct and type of firearm. Such report shall also include, disaggregated by precinct: (i) the number of arrests made and type of crimes charged involving firearms possessed in violation of law, including arrests for the distribution and sale of such firearms; and (ii) the total number and type of firearms recovered in the course of arrests made.
The New York city police department shall submit to the city council on an annual basis a firearms discharge report, which shall include substantially the same information and data categories, disaggregated in substantially the same manner, as the department’s 2007 Annual Firearms Discharge Report. It shall also include, at a minimum, in tabular form:
The number of firearms incidents disaggregated by (i) day of week; (ii) tour; (iii) borough; (iv) month; (v) precinct; (vi) number of incidents that occurred outside New York city; and (vii) on-duty or off-duty status of officer.
The total number of firearms incidents for the year of the report and the year preceding the report, as well as the percentage change between the two years, and disaggregated by (i) intentional discharge—adversarial conflict; (ii) intentional discharge—animal attack; (iii) unintentional discharge; and (iv) unlawful use of firearm.
For all firearms incidents for the year of the report and the year preceding the report, both the raw number for each year and the percentage change between the two years, for each of the following categories (i) the total number of officers firing; (ii) the total number of shots fired; (iii) the total number of officers shot and injured by a subject; (iv) the total number of officers shot and killed by a subject; (v) the total number of subjects shot and injured by an officer; and (v)* the total number of subjects shot and killed by an officer.
The number of intentional firearms incidents disaggregated by incidents in which (i) a subject used or threatened the use of a firearm; (ii) a subject used or threatened the use of a cutting instrument; (iii) a subject used or threatened the use of a blunt object; (iv) a subject used or threatened the use of overwhelming physical force; (v) an officer perceived a threat of other deadly physical force; (vi) a dog attack was involved; and (vii) an attack by an animal other than a dog was involved.
The number of firearms incidents disaggregated by (i) unintentional discharge during adversarial conflict; (ii) unintentional discharge while handling a firearm; (iii) suicide; (iv) unlawful intentional discharge; and (v) unauthorized person discharging officer’s firearm.
For each firearms incident determined to fall within the category of Intentional Discharge—Adversarial Conflict: (i) an indication of whether or not a firearm was fired by a subject; (ii) an indication of whether the subject used or threatened the use of a firearm, subject used or threatened the use of a cutting instrument, subject used or threatened the use of a blunt object, subject used or threatened the use of overwhelming physical force, or an officer perceived threat of other deadly physical force; (iii) whether or not the weapon possessed or used by a subject or subjects is known, and if known, the type of weapon used or possessed by the subject; (iv) the total number of officers who fired; (v) the total number of shots fired by officers; (vi) the number of shots fired per officer; (vii) the objective completion rate of the incident; (viii) the number of subjects; and (ix) for each subject, the age, race and gender of the subject.
A synopsis of each firearms incident resulting in the death of either a subject or an officer.
For purposes of this section, the following terms shall have the following meanings:
(a) “firearms incident” means any incident during which one or more New York city police officers discharge any firearm, or when a firearm belonging to a New York city police officer is discharged by any person, except for a discharge during an authorized training session, or while lawfully engaged in target practice or hunting, or at a firearms safety station within a department facility;
(b) “subject” means a person engaged in adversarial conflict with an officer or third party, in which the conflict results in a firearms discharge;
(c) “civilian” means a person who is not the subject in the adversarial conflict but is included as a victim, bystander, and/or injured person;
(d) “officer” means a uniformed member of the department, at any rank;
(e) “intentional firearms discharge” means a firearms discharge in which an officer intentionally discharges a firearm, which may include firearms discharges that are determined to be legally justified but outside department guidelines;
(f) “adversarial conflict” means an incident in which an officer acts in defense of self or another during an adversarial conflict with a subject and does not include an animal attack or situations in which an officer only intentionally discharges a firearm to summon assistance;
(g) “unintentional firearms discharge” means a firearms discharge in which an officer discharges a firearm without intent, regardless of the circumstance, commonly known as an accidental discharge;
(h) “unauthorized use of a firearm” means a firearms discharge that is considered unauthorized and is not listed as an intentional firearms discharge, is being discharged without proper legal justification, and includes instances when an unauthorized person discharges an officer’s firearm;
(i) “frame or receiver” means a part of a firearm that provides housing for the hammer, bolt or breechblock, and firing mechanism, and that is usually threaded at its forward portion to receive the barrel;
(j) “ghost gun” means any firearm that is assembled from a frame or receiver that has been marketed or sold, either individually or as part of a kit, as an unfinished frame or receiver that could be used to assemble a firearm;
(k) “three-dimensional printer” means a computer-driven machine capable of producing a three-dimensional object from a digital model by adding layers of material in succession; and
(l) “unfinished frame or receiver” means a piece of any material that does not constitute the frame or receiver of a firearm but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm with modification by the user.
The information, data and reports requested in subdivisions a and b shall be provided to the council except where disclosure of such material could compromise the safety of the public or police officers or could otherwise compromise law enforcement operations. Notwithstanding any other provision of law, the information, data and reports requested in subdivisions a and b are not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and are not required to be made available to the public on or through the department of records and information services’ web site, or its successor’s web site. These reports shall be provided to the council within 30 days of the end of the reporting period to which the reports correspond or for which the relevant data may be collected, whichever is later. Where necessary, the department may use preliminary data to prepare the required reports and may include an acknowledgment that such preliminary data is non-final and subject to change.
The New York city police department shall submit to the city council annually a report detailing the total number of criminal complaints and arrests, categorized by class of crime, for violent felony offenses as defined in section 70.02 of the penal law, assault and related offenses as defined in article one hundred twenty of the penal law, sex offenses as defined in article one hundred thirty of the penal law, disorderly conduct as defined in section 240.20 of the penal law, harassment as defined in section 240.25 and 240.26 of the penal law, aggravated harassment as defined in section 240.30 and 240.31 of the penal law, and offenses against public sensibilities as defined in article two hundred forty-five of the penal law, where the conduct occurs on subway lines and bus routes operated by the New York city transit authority or the Staten Island rapid transit operating authority, specifying where such criminal conduct has occurred by police precinct, including specific subway line, subway transit division, and bus route operated by the New York city transit authority or the Staten Island rapid transit operating authority. Such report shall contain a separate tabulation for employees of the authority, passengers and other non-employees. Such statistics shall be tabulated on a monthly basis and on an annual basis and shall be maintained and transmitted in an electronic format to the department of records and information services, or its successor agency, and be made available to the public on or through the department of records and information services’ website, or its successor’s website. Such statistics shall be first made available on such website ninety days after the effective date of this subdivision and shall be updated on at least a monthly basis thereafter.
Report on domestic violence factors.
a. For the purposes of this subdivision, the following terms have the following meanings:
Chronic domestic violence case. The term “chronic domestic violence case” means crimes determined by the department to be related to domestic violence that involve a chronic offender.
Chronic offender. The term “chronic offender” means a perpetrator who has been arrested three or more times in an 18-month period for a crime determined by the department to be related to domestic violence.
Domestic violence. The term “domestic violence” means any crime as determined by the department, not including those done in self-defense, when committed against a family or household member as determined by the department. Perpetrator. The term “perpetrator” means a person who has or who is alleged to have committed domestic violence.
b. Beginning June 1, 2019, and annually thereafter, the department shall submit to the mayor and speaker of the council and shall post on its website, an annual report regarding certain domestic violence initiatives, indicators, and factors in the city. Such report shall include, but need not be limited to the following:
The total number of domestic violence complaints, disaggregated by precinct;
The total number of chronic domestic violence complaints, disaggregated by borough;
The total number of domestic violence offenders, disaggregated by precinct;
The total number of chronic offenders, disaggregated by precinct;
The scope of outreach efforts by the department to victims of domestic violence in cases where a perpetrator violates an order of protection issued by a court of competent jurisdiction; and
Any other interventions by the department that relate to domestic violence.
§ 14-151 Bias-based profiling prohibited.
Definitions. As used in this section, the following terms have the following meanings:
“Bias-based profiling” means an act of a member of the force of the police department or other law enforcement officer that relies on actual or perceived race, national origin, color, creed, age, alienage or citizenship status, gender, sexual orientation, disability, or housing status as the determinative factor in initiating law enforcement action against an individual, rather than an individual’s behavior or other information or circumstances that links a person or persons to suspected unlawful activity.
“Law enforcement officer” means (i) a peace officer or police officer as defined in the Criminal Procedure Law who is employed by the city of New York; or (ii) a special patrolman appointed by the police commissioner pursuant to section 14-106 of the administrative code.
The terms “national origin,” “gender,” “disability,” “sexual orientation,” and “alienage or citizenship status” shall have the same meaning as in section 8-102 of the administrative code.
“Housing status” means the character of an individual’s residence or lack thereof, whether publicly or privately owned, whether on a temporary or permanent basis, and shall include but not be limited to:
(i) an individual’s ownership status with regard to the individual’s residence;
(ii) the status of having or not having a fixed residence;
(iii) an individual’s use of publicly assisted housing;
(iv) an individual’s use of the shelter system; and
(v) an individual’s actual or perceived homelessness.
Prohibition.
Every member of the police department or other law enforcement officer shall be prohibited from engaging in bias-based profiling.
The department shall be prohibited from engaging in bias-based profiling.
Private Right of Action.
A claim of bias-based profiling is established under this section when an individual brings an action demonstrating that:
(i) the governmental body has engaged in intentional bias-based profiling of one or more individuals and the governmental body fails to prove that such bias-based profiling (A) is necessary to achieve a compelling governmental interest and (B) was narrowly tailored to achieve that compelling governmental interest; or
(ii) one or more law enforcement officers have intentionally engaged in bias-based profiling of one or more individuals; and the law enforcement officer(s) against whom such action is brought fail(s) to prove that the law enforcement action at issue was justified by a factor(s) unrelated to unlawful discrimination.
A claim of bias-based profiling is also established under this section when:
(i) a policy or practice within the police department or a group of policies or practices within the police department regarding the initiation of law enforcement action has had a disparate impact on the subjects of law enforcement action on the basis of characteristics delineated in paragraph 1 of subdivision a of this section, such that the policy or practice on the subjects of law enforcement action has the effect of bias-based profiling; and
(ii) The police department fails to plead and prove as an affirmative defense that each such policy or practice bears a significant relationship to advancing a significant law enforcement objective or does not contribute to the disparate impact; provided, however, that if such person who may bring an action demonstrates that a group of policies or practices results in a disparate impact, such person shall not be required to demonstrate which specific policies or practices within the group results in such disparate impact; provided further, that a policy or practice or group of policies or practices demonstrated to result in a disparate impact shall be unlawful where such person who may bring an action produces substantial evidence that an alternative policy or practice with less disparate impact is available and the police department fails to prove that such alternative policy or practice would not serve the law enforcement objective as well.
(iii) For purposes of claims brought pursuant to this paragraph, the mere existence of a statistical imbalance between the demographic composition of the subjects of the challenged law enforcement action and the general population is not alone sufficient to establish a prima facie case of disparate impact violation unless the general population is shown to be the relevant pool for comparison, the imbalance is shown to be statistically significant and there is an identifiable policy or practice or group of policies or practices that allegedly causes the imbalance.
Enforcement.
An individual subject to bias-based profiling as defined in paragraph 1 of subdivision a of this section may file a complaint with the New York City Commission on Human Rights, pursuant to Title 8 of the Administrative Code of the City of New York, or may bring a civil action against (i) any governmental body that employs any law enforcement officer who has engaged, is engaging, or continues to engage in bias-based profiling, (ii) any law enforcement officer who has engaged, is engaging, or continues to engage in bias-based profiling, and (iii) the police department where it has engaged, is engaging, or continues to engage in bias-based profiling or policies or practices that have the effect of bias-based profiling.
The remedy in any civil action or administrative proceeding undertaken pursuant to this section shall be limited to injunctive and declaratory relief.
In any action or proceeding to enforce this section, the court may allow a prevailing plaintiff reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fees.
Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States Constitution, 42 U.S.C. § 1983, the Constitution of the State of New York and all other federal law, state law, law of the City of New York or the New York City Administrative Code, and all pre-existing civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
§ 14-152 School activity reporting.
Definitions. For purposes of this section, the following terms shall have the following meanings:
Data. The term “data” means final versions of statistical or factual information in alphanumeric form that can be digitally transmitted or processed.
Department personnel. The term “department personnel” means police officers and school safety agents employed by the department.
Force. The term “force” includes but is not limited to the use of (i) a firearm; (ii) physical force; (iii) a chemical agent; (iv) a baton; (v) mechanical restraints, except when used in the course of making an arrest; or (vi) a conducted energy device.
Mechanical restraints. The term “mechanical restraints” means any device or material attached or adjacent to the body that restricts freedom of movement or normal access to any portion of the body and that the individual cannot easily remove, including handcuffs and nylon/Velcro restraining devices.
Violation. The term “violation” means alleged student misbehavior occurring within a New York city public school or on school grounds that does not constitute a felony or misdemeanor and that, if committed by an adult, would constitute an offense defined by a section of the penal law.
Report of activity relating to schools. The department shall submit to the council on a quarterly basis, a report based on data reflecting criminal summons, civil summons, arrest, and non-criminal incident activity from the preceding quarter. Such report shall be disaggregated by patrol borough and include, at a minimum:
the number of individuals arrested and/or issued a criminal summons by school safety agents or police officers assigned to the school safety division of the department;
in those cases where arrests were made or criminal summonses were issued: (i) the charges (including penal law section or other section of law), and (ii) whether the charge was a felony, misdemeanor or violation;
the number of individuals issued a civil summons by school safety agents or police officers assigned to the school safety division of the department; and
the number and type of non-criminal incidents that occurred.
For the data provided pursuant to paragraphs one and two of subdivision b, such report shall include: (i) the charges (including applicable section of law); (ii) whether the incident occurred in connection with metal detector or magnetometer scanning; and (iii) whether department personnel used force and the type of force used. The data provided pursuant to paragraph one of subdivision b shall also specify whether the charge was a felony, misdemeanor or violation and whether the incident with respect to which the arrest or issuance of a summons occurred was school related, in that it occurred within a New York public school or on school grounds or was otherwise related to the public school community.
The data provided pursuant to paragraphs one through three of subdivision b shall, for each such paragraph, where practicable based upon the manner in which the applicable records are maintained, be disaggregated by race/ethnicity, year of birth, gender, and, where the individual is a student, whether the individual is receiving special education services and whether the individual is an English Language Learner, provided that such disaggregated data reported pursuant to this subdivision shall not be reported for each school building but rather shall be reported by patrol precinct.
Use of permanent and temporary metal detectors. The department shall submit to the council on a quarterly basis a report including: (i) a list of school buildings with permanent metal detectors; (ii) a list of school buildings subjected to random scanning; (iii) a list of schools that have requested the removal of metal detectors; and (iv) a list of schools for which a requested removal of metal detectors has been honored. In addition, the department shall on an annual basis report on the amounts and types of contraband seized as a result of metal detector scanning, disaggregated by school building. Such types shall include but not be limited to firearms, knives, boxcutters and laser pointers.
Report of complaints against school safety agents. The department shall submit to the council on a quarterly basis a report of complaints against school safety agents from the preceding quarter. Such report shall include, at a minimum, disaggregated by patrol precinct:
The total number of complaints originating at or relating to public schools, alleging excessive use of force, abuse of authority, discourtesy or use of offensive language, with abuse of authority complaints disaggregated by specific allegations of disputed arrest and confiscation of student property;
The number of open complaints at the end of the preceding quarter and the number of days each complaint has been pending and the result of the complaint;
The number of school safety agents with open complaints who have been the subject of a prior complaint; and
The number of injuries sustained by department personnel resulting from student misconduct, including the number of times that department personnel have as a result of such misconduct been transferred by emergency medical services, whether provided by the fire department or another authorized ambulance service, for medical evaluation or treatment.
Public education. Operators of the 311 system shall inform any caller seeking to make a complaint against a school safety agent that the complaint will be electronically transferred to the internal affairs bureau of the New York city police department.
Disclosure limitations. The information, data, and reports required by this section shall be subject to the disclosure limitations of section 14-150 of this chapter.
Reports due at end of reporting period. The information, data, and reports required by this section shall be provided to the council and posted to the department’s website within thirty days of the end of the reporting period to which the reports correspond or for which the relevant data may be collected, whichever is later. Where necessary, the department may use preliminary data to prepare the required reports and may include an acknowledgment that such preliminary data is non-final and subject to change.
§ 14-153 Traffic data.
The department shall publish on its website the following traffic-related data: (1) the number of moving violation summonses issued, disaggregated by type of summons; (2) the number of traffic crashes, disaggregated by (i) the type of vehicle or vehicles involved and (ii) the number of motorists and/or injured passengers, bicyclists and pedestrians involved; and (3) the number of traffic-related fatalities and injuries disaggregated by (i) the number of motorists and/or injured passengers, bicyclists and pedestrians involved; and (ii) the apparent human contributing factor or factors involved in the crash, including, but not limited to alcohol, driver inattention/distraction, speeding, failure to yield and use of cell phones or other mobile devices.
The data required pursuant to subdivision a of this section shall be published on the department’s website for the whole city and disaggregated by borough and police precinct, and shall be searchable by intersection, except for the data required under paragraph one of subdivision a, which shall be disaggregated by borough and police precinct only. Such data shall be updated at least once every month.
For the quarter beginning July first, two thousand fifteen and quarterly thereafter, the department shall provide a report, in writing, to the speaker of the council regarding: (1) the number of traffic-related incidents during the prior quarter that involved at least one vehicle and resulted in critical injury and where the driver of a vehicle involved in such incident left the scene of such incident without reporting, in violation of section six hundred of the vehicle and traffic law; (2) the number of such incidents the department closed during the prior quarter resulting in an arrest being made for violation of such section of the vehicle and traffic law; (3) the number of such incidents the department closed during the prior quarter without an arrest being made for violation of such provision of the vehicle and traffic law; and (4) the number of notices of violation issued pursuant to section 19-191 as a result of such incidents. The data in such report shall be disaggregated by precinct and the cross streets of the incident and the department shall also publish such data on the department’s website. Additionally, the department shall provide to the speaker of the council in writing a brief description of what steps were taken to investigate each such incident, noting the cross streets of the incident. For purposes of this subdivision, “critical injury” shall mean any injury determined to be critical by the emergency medical service personnel responding to any such incident.
No later than July 1, 2016, and annually thereafter by May 1, the department shall provide to the speaker of the council and post on the department’s website a report regarding: (1) the number of complaints recorded in connection with traffic-related incidents during the prior year that involved at least one vehicle and resulted in property damage, personal injury, or death and where the driver of a vehicle involved in such incident left the scene of such incident without reporting, in violation of section six hundred of the vehicle and traffic law; and (2) the number of such incidents resulting in personal injury or death that the department closed during the prior year resulting in an arrest being made for violation of such section of the vehicle and traffic law.
§ 14-154 Persons not to be detained.
Definitions. For the purposes of this section, the following terms shall have the following meanings:
“Civil immigration detainer” shall mean a detainer issued pursuant to 8 CFR § 287.7 or any similar federal request for detention of a person suspected of violating civil immigration law.
“Convicted of a violent or serious crime” shall mean a judgment pursuant to section 1.20(15) of the criminal procedure law entered on a violent or serious crime, or a conviction under federal law or the law of another state that would constitute a “predicate felony conviction” pursuant to section 70.06(1)(b)(i) of the penal law provided that such conviction was for the equivalent of a violent or serious crime. A person shall not be considered convicted of a violent or serious crime if that person:
i. was adjudicated as a youthful offender, pursuant to article seven hundred twenty of the criminal procedure law, or a comparable status pursuant to federal law or the law of another state, or a juvenile delinquent, as defined by subdivision one of section 301.2 of the family court act, or a comparable status pursuant to federal law or the law of another state; or
ii. has not had a judgment pursuant to section 1.20(15) of the criminal procedure law entered against him or her on a violent or serious crime for at least five years prior to the date of the instant arrest, provided that any period of time during which the person was incarcerated for a violent or serious crime, between the time of the commission of such violent or serious crime and the instant arrest, shall be excluded in calculating such five year period and such five year period shall be extended by a period or periods equal to the time served under such incarceration, and further provided that for purposes of paragraph two of subdivision b of this section a person shall be considered convicted of a violent or serious crime if a judgment pursuant to section 1.20(15) of the criminal procedure law has ever been entered against him or her for a violent or serious crime.
“Federal immigration authorities” shall mean any officer, employee or person otherwise paid by or acting as an agent of United States immigration and customs enforcement or any division thereof or any other officer, employee or person otherwise paid by or acting as an agent of the United States department of homeland security who is charged with enforcement of the civil provisions of the immigration and nationality act.
“Judicial warrant” shall mean a warrant based on probable cause and issued by a judge appointed pursuant to article III of the United States constitution or a federal magistrate judge appointed pursuant to 28 U.S.C. § 631, that authorizes federal immigration authorities to take into custody the person who is the subject of such warrant.
“Terrorist screening database” shall mean the United States terrorist watch list or any similar or successor list maintained by the United States.
ii. a hate crime as defined in section 485.05 of the penal law, provided such hate crime constitutes a felony;
iii. a felony attempt, felony conspiracy, or felony criminal solicitation to commit any crime specified in subparagraph (i) of this paragraph, or a felony criminal facilitation of such specified crime;
iv. any felony set forth in section 600 of the vehicle and traffic law; or
v. any crime codified by the legislature subsequent to the enactment of this section that the department of correction, in consultation with the department, by rule determines to be a felony involving violence, force, firearms, terrorism, or endangerment or abuse of vulnerable persons, or any crime for which a change made by the legislature requires amendment of the crimes specified in this paragraph.
Prohibition on honoring a civil immigration detainer.
The department may only honor a civil immigration detainer by holding a person beyond the time when such person would otherwise be released from the department’s custody, in addition to such reasonable time as is necessary to conduct the search specified in subparagraph (ii) of this paragraph, or by notifying federal immigration authorities of such person’s release, if:
i. federal immigration authorities present the department with a judicial warrant for the detention of the person who is the subject of such civil immigration detainer at the time such civil immigration detainer is presented; and
ii. a search, conducted at or about the time when such person would otherwise be released from the department’s custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental entity, that such person: A. has been convicted of a violent or serious crime, or B. is identified as a possible match in the terrorist screening database.
Notwithstanding paragraph one of this subdivision, the department may honor a civil immigration detainer by holding an person for up to forty-eight hours, excluding Saturdays, Sundays and holidays, beyond the time when such person would otherwise be released from the department’s custody, in addition to such reasonable time as is necessary to conduct the search specified in this paragraph, if a search, conducted at or about the time when such person would otherwise be released from the department’s custody, of state and federal databases, or any similar or successor databases, accessed through the New York state division of criminal justice services e-JusticeNY computer application, or any similar or successor computer application maintained by the city of New York or state of New York, indicates, or the department has been informed by a court or any other governmental agency, that such person: A. has been convicted of a violent or serious crime and has illegally re-entered the country after a previous removal or return, or B. is identified as a possible match in the terrorist screening database; provided, however, that if federal immigration authorities fail to present the department with a judicial warrant for such person within the period described above, such person shall be released and the department shall not notify federal immigration authorities of such person’s release.
Nothing in this section shall affect the obligation of the department to maintain the confidentiality of any information obtained pursuant to paragraphs one or two of this subdivision.
No conferral of authority. Nothing in this section shall be construed to confer any authority on any entity to hold persons on civil immigration detainers beyond the authority, if any, that existed prior to the enactment of this section.
No conflict with existing law. This local law supersedes all conflicting policies, rules, procedures and practices of the city of New York. Nothing in this local law shall be construed to prohibit any city agency from cooperating with federal immigration authorities when required under federal law. Nothing in this local law shall be interpreted or applied so as to create any power, duty or obligation in conflict with any federal or state law.
No private right of action. Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any persons or entity against the city of New York or the department, or any official or employee thereof.
Reporting. No later than September 1, 2018, and no later than September 1 of each year thereafter, the department shall post a report on the department website that includes the following information for the preceding twelve month period ending June 30:
the number of civil immigration detainers received from federal immigration authorities;
the number of persons held pursuant to civil immigration detainers beyond the time when such person would otherwise be released from the department’s custody;
the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;
the number of persons for whom civil immigration detainers were not honored pursuant to subdivision b of this section; and
the number of requests from federal immigration authorities for such person’s incarceration status, release dates, court appearance dates, or any other information related to such person in the department’s custody, and the number of responses honoring such requests by the department, disaggregated by:
i. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities;
ii. the number of responses to federal immigration authorities where the person had at least one conviction for a violent or serious crime, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities; and
iii. the number of responses to federal immigration authorities concerning a person with no convictions for a violent or serious crime who was identified as a possible match in the terrorist screening database, disaggregated by the number of such responses that included incarceration status, release dates, court appearance dates, or other types of information, and whether the department facilitated the transfer of such persons to the custody of federal immigration authorities.
For the purpose of this section, any reference to a statute, rule, or regulation shall be deemed to include any successor provision.
§ 14-155 Enforcement criteria.
Declaration of legislative findings and intent. The Council has analyzed the application of criminal and civil enforcement in numerous low-level offenses. Based upon this analysis, the Council has identified concerns with the use of criminal enforcement for many of these offenses and has concluded that criminal enforcement of these offenses should be used only in limited circumstances and that, in the absence of such circumstances, civil enforcement should be utilized. Therefore, the Council finds that it would be productive for the Police Department to communicate to its officers and to the public guidance regarding the important determination whether to utilize civil or criminal enforcement in particular instances.
The department shall provide guidance to its uniformed officers with respect to determining whether to utilize civil enforcement or criminal enforcement, or both, for any individual who commits a specified unlawful act. Such guidance shall be made publicly available. Nothing contained in this subdivision or in the administration or application hereof shall be construed as creating:
a right to be subject to civil or criminal enforcement or prosecution in connection with any alleged specified unlawful act; or
a private right of action on the part of any persons or entity against the city of New York, the department, or any official or employee thereof.
§ 14-156 Desk appearance ticket report.
The commissioner shall submit to the council and the mayor, and post to the department’s website, within 30 days of the beginning of each quarter, a report regarding the use of desk appearance tickets for the previous quarter. This report shall include the guidelines used by the department to determine when desk appearance tickets are used in lieu of a custodial arrest pursuant to subdivision 1 of section 140.20 of the penal law. This report shall also include, for any offense for which a desk appearance ticket may be issued by state law and for which either more than 500 desk appearance tickets were issued or for which more than 500 arrests were made pursuant to subdivision 1 of section 140.20 of the penal law, the rate of the use of arrests and desk appearance tickets for each such offense. This report shall also include the number of desk appearance tickets issued, in total and disaggregated as follows:
the patrol precinct, housing police service area and transit district in which such desk appearance ticket was issued;
the borough in which such desk appearance ticket was issued;
race;
gender;
age; and
offense charged.
The information in subdivision a of this section shall be stored permanently on the department’s website, and each quarterly report shall include a comparison of the current quarter to the same quarter in the prior three years, and the current year to the prior five years, where such information is available.
§ 14-157 Summons report.
The commissioner shall submit to the council and the mayor, and post to the department’s website, within 30 days of the beginning of each quarter, a report containing the following information for the previous quarter:
The number of criminal summonses issued;
The number of civil summonses issued; and
Where applicable, for criminal summonses, the criteria applied pursuant to subdivision b of section 14-155 of this chapter in making the determination to issue such summonses.
The information required pursuant to subdivision a of this section shall be listed in total and disaggregated by:
offense;
race;
gender;
age;
the borough in which the summons was issued; and
the patrol precinct, housing police service area, and transit district in which the summons was issued.
The information required pursuant to subdivisions a and b for each quarter shall be stored permanently on the department’s website and shall be provided in a format that permits automated processing. Each quarterly report shall include a comparison of the current quarter to the same quarter in the prior three years, and the current year to the prior five years, where such information is available.
§ 14-158 Use of force incident reports.
Definitions. As used in this section, the following terms have the following meanings:
Excessive force. The term “excessive force” means force that has been found by the department to be, considering the totality of the circumstances in which it is used, greater than that which a reasonable officer, in the same situation, would use under the circumstances that existed and were known to the officer at the time such force was used.
Use of force incident. The term “use of force incident” means any instance where a member of the department, while taking police action, responds to an incident or condition and takes action in a manner intended to have an immediate effect on the body of another person, and consists of the following categories: (i) the use of hand strikes, foot strikes, forcible take-downs or the wrestling of the subject to the ground; (ii) the discharge of oleoresin capsicum spray; (iii) the deployment of a conducted electrical weapon; (iv) the use of a mesh restraining blanket to secure an individual; (v) the intentional striking of a person with any object, including a baton or other equipment; (vi) a police canine bite; and (vii) the use of physical force that is readily capable of causing death or serious physical injury, including the discharge of a firearm.
Use of force incident report. No later than February 1, 2017, and no later than 30 days after the end of each quarter thereafter, the department shall post on its website and deliver to the council a report containing the following information for the prior quarter:
The number of use of force incidents, in total and disaggregated by: (a) the category of use of force incident; (b) the precinct or other departmental unit to which the officer who used such force was assigned; and (c) whether or not the officer was on duty at the time of the use of force.
The number of injuries to an officer or civilian resulting from a police and civilian interaction involving a use of force incident, in total and disaggregated by the following categories: (a) physical injury, such as minor swelling, contusion, laceration, abrasion or complaint of substantial contracted pain; (b) substantial physical injury, such as a significant contusion or laceration that requires sutures or any injury that requires treatment at a hospital emergency room; and (c) serious physical injury, such as a broken or fractured bone, gunshot wound, heart attack, stroke, or any injury requiring hospital admission. Such injuries shall also be disaggregated by the precinct or other departmental unit to which the officer who used such force was assigned, whether such officer was on duty at the time the injury was sustained, whether the injury was sustained by an officer or civilian, and, if known, whether the injury was caused by an officer or civilian.
No later than May 1, 2017, and thereafter on an annual basis, the department shall post on its website and deliver to the council a report that contains the information in paragraphs 1 and 2 of subdivision b of this section for the previous calendar year. Such report shall also include the number of incidents involving the use of excessive force for the previous calendar year, in total and disaggregated by:
the category of use of force incident, where applicable, and whether the use of excessive force involved the drawing or displaying of a firearm in a manner determined to be excessive force;
the precinct or other departmental unit to which the officer who used such excessive force was assigned;
whether or not such officer was on duty at the time of the use of excessive force; and
if available, dispositions of departmental charges brought against officers for the use of excessive force.
The reports produced pursuant to subdivisions b and c shall be stored permanently and shall be accessible from the department’s website, and the quarterly report produced pursuant to subdivision b shall be provided in a format that permits automated processing. Each quarterly report produced pursuant to subdivision b shall include a comparison of the information for the current quarter to the information in the same quarter in each of the prior three years, where such prior information is available.
§ 14-159 Use of force encounter reports.
Definitions. The following terms have the following meanings:
Basis for encounter. The term “basis for encounter” means the conduct, offense or reason which formed the basis for the initial approach by a member of the department that led to police action, including an arrest, criminal summons, civil summons, or desk appearance ticket.
Use of force incident. The term “use of force incident” has the same meaning as set forth in subdivision a of section 14-158.
Use of force encounter report. The department shall post on its website within 30 days of the beginning of each quarter a report of the number of use of force incidents for the prior quarter disaggregated by basis for encounter.
§ 14-160 Officer deployment.
No later than October 1, 2016, and every year thereafter no later than February 1 of each such year, the department shall post on its website a report that includes, for each precinct, housing police service area and transit district, the total number and percentage of active duty officers who:
have had two or more cases substantiated by the civilian complaint review board in the last three calendar years;
were subject to an internal affairs investigation that resulted in the officer’s suspension from employment within the last five calendar years;
have been found by the department to have used excessive force, as such term is defined in subdivision a of section 14-158, in the last three calendar years, where such information is available pursuant to subdivision c of such section; or
have been arrested as a result of actions taken while on duty or related to an officer’s job function, in the last ten calendar years, provided that nothing in this subdivision shall require the reporting of records that have been sealed.
§ 14-161 Online reporting of domestic violence and hate crime statistics.
The department shall collect and post the following data on its website:
the number of domestic violence radio runs;
the number of reported murders related to domestic violence;
the number of reported rapes related to domestic violence;
the number of reported felonious assaults related to domestic violence;
the number of reported hate crimes;
the number of reported murders determined by the police department to be hate crimes;
the number of reported felonious assaults determined by the police department to be hate crimes;
the number of reported complaints and murders determined by the police department to be related to domestic violence that were reported to have taken place on the property of the New York city housing authority, shall be reported in total and disaggregated by precinct and public housing development;
the percentage of reported felony crimes determined by the police department to be related to domestic violence; and
the number and percentage of domestic incident reports prepared for all crimes determined by the police department to be related to domestic violence that involved intimate partners.
The number of complaints and arrests classified as a hate crime disaggregated by:
(a) race, sex, and age of the arrestee; and
(b) type of animus towards a targeted group that allegedly formed the motive for such hate crime, evidencing a belief or perception regarding a person’s identity, regardless of whether such belief or perception is correct, with respect to the following categories:
(1) Anti-Black;
(2) Anti-Caucasian;
(3) Anti-Hispanic;
(4) Anti-Asian;
(5) Anti-Ethnic;
(6) Anti-Semitic;
(7) Anti-Muslim;
(8) Anti-Religion;
(9) Anti-Gender Identity;
(10) Anti-Sexual Orientation;
(11) Anti-disability; and
(12) Anti-Other.
(c) Clauses (5), (8), (11) and (12) shall be further disaggregated by identifying the particular group that is the target of the animus in the event any particular group is targeted at least nine times in total in four consecutive quarters.
The data specified in subdivision a shall be posted on the department’s website in the following manner:
The data required by paragraphs 1, 3 and 4 shall be reported in total and disaggregated by precinct and reported monthly, quarterly and annually. The first such monthly report shall be posted no later than 30 days after January 1, 2017, the first such quarterly report shall be posted no later than 30 days after the quarter ending March 31, 2017 and the first such annual report shall be posted no later than 30 days after January 1, 2018.
The data required by paragraph 8 shall be reported semi-annually and annually. The first such semi-annual report shall be posted no later than 30 days after January 1, 2017, and within 30 days after every January 1 and June 30 thereafter, and the first such annual report shall be posted no later than 30 days after January 1, 2018.
The data required by paragraph 10 shall be reported quarterly and annually. The first such quarterly report shall be posted within 30 days after the quarter ending on September 30, 2017, and the first such annual report shall be posted no later than 30 days after January 1, 2019.
The data required by paragraphs 2, 5 through 7, 9 and 11 shall be reported in total and disaggregated by precinct and reported quarterly and annually. The first such quarterly report shall be posted no later than 30 days after the quarter ending on March 31, 2017, and the first such annual report shall be posted no later than 30 days after January 1, 2018.
For purposes of this section, the term “hate crime” has the meaning ascribed to it by section 485.05 of the New York penal law.
The data reported pursuant to this section shall remain on the department’s website for no fewer than 2 years.
§ 14-162 Enforcement criteria.
Definitions. As used in this section, the following terms have the following meanings:
Major felony. The term “major felony” means any of the following offenses: murder, including penal law sections 125.25, 125.26, and 125.27, non-negligent manslaughter, including penal law sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, and 125.22, sex offenses, including penal law sections 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.91, 130.95, and 130.96, robbery, including penal law sections 160.05, 160.10, and 160.15, burglary, including penal law sections 140.20, 140.25, and 140.30, felony assault, including penal law sections 120.01, 120.02, 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, and 120.12, firearm and weapons possession and use, including penal law sections 265.01-A, 265.01-B, 265.02, 265.03, 265.04, 265.08 and 265.09, shooting incidents, and possession and sale of a controlled substance, including penal law sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, and 220.43.
Neighborhood tabulation area. The term “neighborhood tabulation area” means a geographic area that is no larger than a community district and comprised of two or more census tracts.
Priority area. The term “priority area” means a geographic area, no larger than a precinct sector, designated by the department, in which the previous fiscal year’s major felony crime data indicates that the area has experienced a high occurrence of crime relative to the occurrence of crime experienced by the city as a whole.
Support service agency. The term “support service agency” includes but need not be limited to the following city agencies: (i) the human resources administration, (ii) the administration for children services, (iii) the department of homeless services, (iv) the office to end domestic and gender-based violence, (v) the department of youth and community development, (vi) the department of education, (vii) the department of buildings, (viii) the department of housing preservation and development, (ix) the fire department, (x) the New York city housing authority, and (xi) the department of health and mental hygiene.
Priority area report. By September 1 of each year, the commissioner shall prepare an annual report for the prior fiscal year identifying the top 35 priority areas, and shall present such report to the mayor, the council, and support service agencies. The report shall include a map of each priority area and the total number of major felonies reported within each such priority area, disaggregated by the type of crime committed. Such report shall include a comparison of the number of major felonies reported in any priority area identified in the previous year’s report prepared pursuant to this subdivision.
By November 1 of each year, support service agencies shall report, to the council and a deputy mayor or head of an office or agency designated by the mayor, the current services offered in any neighborhood tabulation area in which 20 percent or greater of the population is below the poverty line as defined by the American Community Survey and that overlaps with or is contiguous to a priority area.
By December 1 of each year, such deputy mayor or head of an office or agency shall coordinate with appropriate support service agencies to develop a coordinated, multi-agency plan to provide necessary social services in the priority areas identified in the report prepared pursuant to subdivision b of this section. The plan, which shall be provided to the council, shall include an overview of the current services offered by support service agencies and reported pursuant to subdivision c of this section, and an analysis to determine the specific services needed along with a plan for coordination and collaboration between the support service agencies to provide such services in each priority area.
§ 14-163 Arrestee health information.
Definitions. When used in this section, the following terms shall have the following meanings:
Arrestee. The term “arrestee” means any person under custodial arrest by the department, other than a person whose arrest results in the issuance of a summons or desk appearance ticket.
Health care provider. The term “health care provider” means any person licensed or certified under federal or New York state law to provide medical services, including but not limited to doctors, nurses and emergency personnel.
Medical treatment report. Whenever an arrestee is treated by a health care provider while in the custody of the department, the department shall create a report. Such report shall include a brief description of the arrestee’s medical condition, to the extent known by the department, the arrestee’s name and other identifying information regarding that arrestee, including but not limited to the arrestee’s New York state identification number and date of birth, when available, and identity of the health care provider. Such report shall be transmitted to the department of health and mental hygiene or its designee whenever an arrestee is taken into the custody of the department of correction.
§ 14-164 Patrol guide publication required.
The department shall publish the patrol guide on the department’s website.
No later than 24 hours after any amendment to the patrol guide, the department shall update the patrol guide on the department’s website to reflect such amendment and shall conspicuously note the amended sections and their effective dates. Failure to timely publish amendments to the patrol guide shall not affect the validity of the patrol guide or its amendments.
Notwithstanding subdivisions a and b of this section, the department shall not be required to publish:
Any material that would reveal non-routine investigative techniques or confidential information; or
Any material that, if published, could compromise the safety of the public or police officers, or could otherwise compromise law enforcement investigations or operations.
§ 14-165 Cardiopulmonary resuscitation and automated external defibrillator training.
Definitions. As used in this section, the following terms have the following meanings:
Automated external defibrillation. The term “automated external defibrillation” is defined pursuant to subdivision 1 paragraph a of section 3000-b of the public health law.
Cardiopulmonary resuscitation. The term “cardiopulmonary resuscitation” is defined pursuant to subdivision 4 of section 2961 of the public health law.
Training. The department shall identify when cardiopulmonary resuscitation and automated external defibrillation training is appropriate and provide all relevant staff such training and re-training. The curriculum of such training and re-training shall, where practicable, be consistent with standards developed by a nationally recognized organization or association.
Cardiopulmonary resuscitation report. No later than March 1, 2017 and every March 1 thereafter, the department shall publish on the department’s website and provide to the council, a report which shall include:
the total number of uniformed officers assigned to a patrol precinct, transit district, or police service area in the past calendar year, disaggregated by: (a) the total number trained in cardiopulmonary resuscitation; (b) the total number of officers newly trained in cardiopulmonary resuscitation in the past calendar year; (c) the total number of officers re-trained in cardiopulmonary resuscitation in the past calendar year; and
the total number of school safety agents, disaggregated by: (a) the total number trained in cardiopulmonary resuscitation; (b) the total number of school safety agents newly trained in cardiopulmonary resuscitation in the past calendar year; and (c) the total number of school safety agents re-trained in cardiopulmonary resuscitation in the past calendar year.
Automated external defibrillator report. No later than March 1, 2017 and every March 1 thereafter, the department shall publish on the department’s website and provide to the council, a report which shall include:
the total number of uniformed officers assigned to a patrol precinct, transit district, or police service area in the past calendar year, disaggregated by: (a) the total number of officers trained in automated external defibrillator; (b) the total number of officers newly trained in automated external defibrillator in the past calendar year; (c) the total number of officers re-trained in automated external defibrillator in the past calendar year; and
the total number of school safety agents, disaggregated by: (a) the total number of school safety agents trained in automated external defibrillator; (b) the total number of school safety agents newly trained in automated external defibrillator in the past calendar year; and (c) the total number of school safety agents re-trained in automated external defibrillator in the past calendar year.
Such reports shall be stored permanently on the department’s website and shall be provided in a format that permits automated processing where appropriate.
§ 14-166 Reporting on nuisance abatement actions.
Definitions. For the purposes of this section, the following terms have the following meanings:
Action. The term “action” means a nuisance abatement action.
Nuisance abatement action. The term “nuisance abatement action” means any civil proceeding in which the department acts as a “department or agency” pursuant to subdivision (a) of section 7-706.
Type of nuisance. The term “type of nuisance” means the public nuisance, as defined in a subdivision of section 7-703, intended to be abated by a nuisance abatement action.
Reporting. No later than January 31, 2018 and no later than each January 31 and July 31 thereafter, the department shall post on its website, and provide notification of such posting to the council and the mayor, a report regarding nuisance abatement actions for the six month period ending the month prior to the month during which such report is due. This report shall include, but not be limited to, the following information:
For all actions, in total and disaggregated by the type of nuisance: the number of actions filed and the number of actions settled.
For all actions, in total and disaggregated by the type of nuisance:
(a) the number of temporary closing orders and temporary restraining orders sought and the number granted, in total and disaggregated by the type of order;
(b) the percentage of actions including an application for a temporary closing order or a temporary restraining order, in total and disaggregated by the type of order;
(c) the percentage of applications for temporary closing orders and temporary restraining orders that are denied, in total and disaggregated by the type of order;
(d) the number of applications for preliminary injunctions sought and the number granted;
(e) the percentage of actions including an application for a preliminary injunction; and
(f) the percentage of applications for preliminary injunctions that are denied.
For all actions in which an application for a preliminary injunction is denied, the percentage in which the department withdraws the action.
In total and disaggregated by the type of nuisance, the number and percentage of actions in which a search warrant had been executed for conduct substantially similar to the type of nuisance.
The mean and median amount of time between which a nuisance occurs and an application for an action is filed, in total and disaggregated by type of nuisance, provided that for any type of nuisance requiring multiple instances of a nuisance occurring, the report shall include the mean and median amount of time between both the first and last such instance.
The number, in total and disaggregated by type of nuisance, of: (a) actions filed, disaggregated by precinct; and (b) 311, 911, and other complaints of nuisances of the type alleged in such actions, disaggregated by precinct.
The information required pursuant to subdivision b for each reporting period shall be stored permanently and shall be accessible from the department’s website, and shall be provided in a format that permits automated processing. Each report shall include a comparison of the current reporting period to the prior four reporting periods, where such information is available.
§ 14-167 Collision reports.
Definitions. As used in this section, the following terms have the following meanings:
Collision report. The term “collision report” means the report prepared by an employee of the department relating to the facts of an automobile collision pursuant to section 603 of the vehicle and traffic law.
Interested party. The term “interested party” means an individual named on a collision report who has provided their driver’s license number, date of birth, license plate number, and license plate state of issuance to an employee of the department preparing a collision report.
Sharing collision reports. A collision report shall be made available online to an interested party through a single web portal located on the department’s website.
§ 14-168 Arrestee contact information.
The department, to the extent practicable and in a manner consistent with all applicable laws and officer safety, shall offer individuals while in the department’s custody and due to be arraigned within 24 hours the opportunity to obtain personal contact information that such individual may require and which is stored in such individual’s personal property, provided that any member of the department who requests access to such individual’s property pursuant to this section shall request access only for the purpose of obtaining such contact information and for no other purpose. The provisions of this section shall not permit a person in the department’s custody and due to be arraigned within 24 hours access to such property for any purpose other than obtaining personal contact information, or to “arrest evidence” as defined in the rules of the city of New York, or to any property that constitutes relevant evidence of a crime.
§ 14-169 Seized property data reports.
Definitions. As used in this section, the following terms have the following meanings:
Retained property. The term “retained property” means: (i) property other than U.S. currency that the department has obtained an ownership interest in; or (ii) U.S. currency that the department has obtained an ownership interest in that has been transferred to the general fund of the city, pursuant to section 14-140 either because the ownership interest in such U.S. currency has been waived or forfeited, or because such U.S. currency remains unclaimed after the applicable legal period for claiming such U.S. currency has expired.
Seized property. The term “seized property” means property over which the property clerk of the department has obtained custody pursuant to section 14-140, the ownership of which has not been adjudicated, that is held for safekeeping, as arrest evidence, for forfeiture or as investigatory evidence.
Report. On or before July 1, 2019, the department shall post on the department’s website a report providing data on seized property and retained property pursuant to this section for the preceding six months. Beginning on March 1, 2020 and every March 1 thereafter, the department shall post on the department’s website an annual report providing data on seized property and retained property pursuant to this section for the preceding calendar year, which shall include the following:
The total amount of seized property in the form of U.S. currency, disaggregated by:
(a) The dollar amount of such U.S. currency classified and held for safekeeping, disaggregated by the borough, police precinct and month in which such property was vouchered, noting the dollar amount returned to claimants;
(b) The dollar amount of such U.S. currency classified and held as arrest evidence, disaggregated by the borough, police precinct and month in which such property was vouchered, noting the dollar amount returned to claimants;
(c) The dollar amount of such U.S. currency held for forfeiture, disaggregated by the borough, police precinct and month that such property was vouchered, noting the dollar amount returned to claimants;
(d) The dollar amount of such U.S. currency held as investigatory evidence, disaggregated by the borough, police precinct and month that such property was vouchered, noting the dollar amount returned to claimants;
(e) The dollar amount of such U.S. currency that has become property retained by the department after a settlement agreement entered into between the department and claimants for such currency;
(f) The dollar amount of such U.S. currency that has become property retained by the department after a judgment in a civil forfeiture proceeding;
(g) The dollar amount of such U.S. currency returned by the department to the claimant following a dismissal, judgment, or settlement in a civil forfeiture proceeding pursuant to section 14-140; and
(h) The dollar amount of such currency that has become retained property because no person retrieved such currency;
The total number of seized property items in the form of registered motor vehicles, disaggregated by:
(a) The number of such vehicles classified and held for safekeeping, disaggregated by the borough, police precinct and the month that such property was vouchered, and the number of such vehicles returned to claimants;
(b) The number of such vehicles classified and held as arrest evidence, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(c) The number of such vehicles classified and held for forfeiture, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(d) The number of such vehicles classified and held as investigatory evidence, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(e) The number of such vehicles that have become property retained by the department after a settlement or judgment in a civil forfeiture proceeding;
(f) The number of such vehicles that have become property retained by the department because no person retrieved such vehicle within the applicable legal period;
(g) The revenue generated by liquidation of such vehicles that have become retained property, the number of such vehicles liquidated and the entity contracted to liquidate such vehicles on behalf of the department; and
(h) The number of such vehicles that were returned by the department to vehicle claimants following a dismissal, judgment, or settlement in a civil forfeiture proceeding pursuant to section 14-140;
The number of the following other items of seized property:
(a) Cellular telephones, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of such telephones returned to the claimant or their designee;
(b) Clothing items, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of clothing items returned to the claimant or their designee;
(c) Wallets, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of wallets returned to the claimant or their designee;
(d) Sets of keys, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of sets of keys returned to the claimant or their designee;
(e) Identification documents, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of identification documents returned to the claimant or their designee; and
(f) Non-perishable peddler property items, as designated by the property clerk, that are not illegal contraband, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of peddler property items returned to the claimant or their designee;
For the property specified in paragraphs 1, 2 and 3 of this section that is returned during the reporting period, and to the extent such information is available, further disaggregation by:
(a) The number of claimants or their designees who retrieved their property within six months of its seizure;
(b) The number of claimants or their designees who retrieved their property between six months and up to one year of its seizure;
(c) The number of claimants or their designees who retrieved their property between one year and up to two years of its seizure;
(d) The number of claimants or their designees who retrieved their property between two years and up to three years of its seizure; and
(e) The number of claimants or their designees who retrieved their property three years or more after its seizure;
The revenue generated by liquidation of retained property, other than registered motor vehicles and U.S. currency, and the entity contracted to liquidate such property on behalf of the department;
The amount of U.S. currency obtained by the department through disbursement from the district attorney pursuant to state forfeiture laws; and
The amount of U.S. currency obtained by the department through disbursement from the department of justice pursuant to federal forfeiture laws.
The reports produced pursuant to this section shall be stored permanently, and shall be accessible from the department’s website in a format that permits automated processing.
§ 14-170 Erroneous records.
The department shall make best efforts to provide records necessary to rectify erroneous criminal records related to voided arrests within three business days of the request for such records, provided that such request includes sufficient information for the department to identify such arrest and such records are in the custody of the department. For the purpose of this section, the term “voided arrest” means any instance in which the department forwards fingerprints of an individual pursuant to section 160.20 of the criminal procedure law, and the department does not refer such individual for criminal prosecution pursuant to section 140.20 of the criminal procedure law.
§ 14-171 Index crime clearance report.
The term “clearance rate” means the number of specific crimes where at least one person has been arrested, not including voided arrests, divided by the total number of such crimes reported.
No later than 30 days after the quarter ending December 31, 2017 and 30 days after every quarter thereafter, the department shall publish on the department’s website a report for the prior quarter, which shall include a report for each borough, of the clearance rate for the following crimes:
Homicide as defined in article 125 of the penal law;
Rape as defined in article 130 of the penal law;
Robbery as defined in article 160 of the penal law;
Felony assault as defined in article 120 of the penal law;
Burglary as defined in article 140 of the penal law;
Grand larceny as defined in article 155 of the penal law; and
Grand larceny involving the theft of a motor vehicle as defined in article 155 of the penal law.
§ 14-172 Online reporting of arrests and summonses for subway fare evasion.
No later than 30 days after the quarter ending December 31, 2017 and 30 days after every quarter thereafter, the department shall publish on the department’s website a report for the prior quarter, which shall include:
The total number of arrests under subdivision 3 of section 165.15 of the penal law that occurred in a New York city transit authority station in total and disaggregated by the (a) transit bureau district; (b) New York city transit authority station; (c) race, sex and age group of the arrestee, including but not limited to disaggregation of arrestees under the age of 18; and (d) whether the arrestee was issued a desk appearance ticket or was the subject of a live arrest.
The total number of summonses returnable to the transit adjudication bureau issued for subway fare evasion as defined in section 1050.4 of title 21 of the New York codes, rules and regulations in total and disaggregated by (a) transit bureau district; (b) the New York city transit authority station; and (c) race, sex and age group of the violator, including but not limited to disaggregation of violators under the age of 18.
The department shall publish on its website the department’s policy with respect to determining whether an individual is issued a summons returnable to the transit adjudication bureau or a criminal summons.
Data pursuant to paragraphs 1 and 2 of subdivision a of this section shall be stored permanently, and shall be accessible from the department’s website in a format that permits automated processing.
§ 14-173 Guidance regarding consent searches.
The department shall develop and provide guidance for its officers, whether in uniform or civilian clothing, not including those engaged in undercover operations, with respect to obtaining voluntary, knowing, and intelligent consent prior to the search of a person, or a person’s vehicle, home, or property, for a search that is based solely on a person’s consent to such search, when such search is not conducted pursuant to a warrant, any other exception to the warrant requirement under applicable law, or probable cause, or when such search is not incident to a lawful arrest. Such guidance shall specify conduct for:
Articulating, using plain and simple language delivered in a non-threatening manner, that the person who is the subject of the search is being asked to voluntarily, knowingly, and intelligently consent to such search, and explaining that such search will not be conducted if such person refuses to provide consent to such search;
Securing such consent without threats or promises of any kind being made to such person;
Affirming that such person understands the information communicated pursuant to paragraph 1;
Refraining from conducting such search where such consent has not been obtained; and
Utilizing interpretation services pursuant to the department’s language access plan, as appropriate, when seeking consent to conduct a search of a person with limited English proficiency or such person’s vehicle, home, or property, including but not limited to the use of bilingual officers and telephonic interpretation, prior to conducting such search.
An officer who seeks consent to conduct a search that is subject to the guidance developed and provided pursuant to subdivision a shall:
Create a video record of the information communicated pursuant to such guidance and such person’s response to such information when such officer is equipped with a body-worn camera issued by the department; and
Document the time, location, and date of such search, and the apparent race/ethnicity, gender, and age of the person who was the subject of such search, and such officer’s name, precinct, and shield number.
Editor’s note: Pursuant to Section 4 of L.L. 2018/056, paragraph 2 of subdivision b is effective on October 19, 2018.
Where an officer has created a video record pursuant to subdivision b, such officer shall offer the person who is the subject of the search information on obtaining a copy of such record. Upon receiving a request from such person for a copy of such record, the department shall acknowledge receipt of such request within five days of receiving such request. Such acknowledgment shall include a date by which the department will provide such record or the basis for the denial of such request, provided that such date shall not be longer than 90 days from the date of receipt of such request. If the department is unable to provide such copy or denial to such person within 90 days due to extenuating circumstances, it shall provide such record or denial within 30 days of such 90 days and provide the basis of such circumstances.
Notwithstanding any other provision in this section, the guidance developed and provided by the department pursuant to subdivision a need not apply when:
An officer is conducting a security search of a person or property where such search is predicated upon entrance to a public building or facility, location, event, or gathering, including random security checks of backpacks and containers conducted in facilities operated by the metropolitan transportation authority, and where such person’s entrance into any such location constitutes implied consent to be searched under an exception to the warrant requirement;
Exigent circumstances require immediate action by law enforcement; or
An officer reasonably expects that he or she or any other person is in danger of physical injury or that there is an imminent risk of damage to property, or to forestall the imminent escape of a suspect or the imminent potential destruction of evidence.
Commencing within 30 days of the end of the quarter beginning on October 1, 2018, and within 30 days of the end of every quarter thereafter, the department shall post on its website a report of data collected pursuant to paragraph 2 of subdivision b, specifically the total number of consent searches conducted during the preceding quarter disaggregated by the:
Apparent race/ethnicity, gender, and age of the person searched; and
Precinct where each search occurred, and further disaggregated by the apparent race/ethnicity, gender, and age of the person searched.
The information required pursuant to subdivision e for each reporting period shall be stored permanently and shall be accessible from the department’s website, and shall be provided in a format that permits automated processing. Each report shall include a comparison of the current reporting period to the prior four reporting periods, where such information is available.
Nothing in this section or in the implementation hereof shall be construed to:
Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or
Create a private right of action on the part of any persons or entity against the city of New York, the department, or any official or employee thereof.
In the event body worn cameras are not provided by the department to officers engaged in a patrol function, whether in uniform or civilian clothing, by December 31, 2019, or the department ceases to use such cameras, the department shall (i) develop and implement a procedure to obtain objective proof of voluntary, knowing, and intelligent consent to search by documenting the information communicated by an officer pursuant to the guidance that the department developed pursuant to subdivision a and the response of the person who is the subject of such search in writing and by offering such person to sign a statement confirming such consent, or by documenting such information through audio, through video and audio, or by other methods, excluding fingerprinting; and (ii) develop a process for such person to request such information or record.
If body worn cameras are not provided by the department by December 31, 2019, or the department ceases to use such cameras solely due to circumstances within the control of the commissioner, the department shall develop and implement such procedure by such date.
If body worn cameras are not provided by the department by December 31, 2019, or the department ceases to use such cameras due to circumstances not within the control of the commissioner, the department shall develop and implement such procedure no later than 6 months from such date or the date on which the department ceases to use such technology.
Notwithstanding any other provision in this section, the procedure developed by the department pursuant to subdivision h need not apply when:
An officer is conducting a security search of a person or property where such search is predicated upon entrance to a public building or facility, location, event, or gathering, including random security checks of backpacks and containers conducted in facilities operated by the metropolitan transportation authority, and where such person’s entrance into any such location constitutes implied consent to be searched under an exception to the warrant requirement;
Exigent circumstances require immediate action by law enforcement; or
An officer reasonably expects that he or she or any other person is in danger of physical injury or that there is an imminent risk of damage to property, or to forestall the imminent escape of a suspect or the imminent potential destruction of evidence.
§ 14-174 Identification of police officers.
Definitions. As used in this section, the following terms have the following meanings:
Assigned detective. The term “assigned detective” means a detective employed by the department who is leading the investigation of a particular crime.
Law enforcement activity. The term “law enforcement activity” means any of the following activities when conducted by an officer:
Noncustodial questioning of individuals suspected of criminal activity;
Pedestrian stops where an officer has an individualized, reasonable suspicion that the person stopped has committed, is committing, or is about to commit a crime and where a reasonable person would not feel free to end the encounter at will;
Frisks;
Searches of persons or property, including vehicles;
Roadblock or checkpoint stops, including checkpoints related to enforcement of article 31 of the vehicle and traffic law, but not including planned security checks of vehicles at sensitive locations or street closures for public events or emergencies;
Home searches; and
Investigatory questioning of victims of or witnesses to crimes.
Noncustodial questioning. The term “noncustodial questioning” means the questioning of an individual during an investigation where such individual has not been detained and is free to end the encounter at will.
Officer. The term “officer” means a sworn police officer of the department. "During a law enforcement activity, an officer shall:"
Identify himself or herself to the person who is the subject of such law enforcement activity by providing his or her name, rank and command;
Provide to such person an explanation of the reason for such law enforcement activity, unless providing such information would impair a criminal investigation;
Offer a business card to such person at the conclusion of any such activity that does not result in an arrest or summons, provided that where such person is a minor, the officer shall offer such business card to the minor or, if present at the scene, to a parent, legal guardian, or responsible adult, and provided further that where such activity is the first in-person investigatory questioning of victims of or witnesses to a crime, only the assigned detective for such investigation shall be required to offer such business card to such person at the conclusion of such activity;
Offer to provide to such person the information set forth in paragraph 1 of subdivision f on a hand-written card, when such officer does not have an adequate number of pre-printed business cards on his or her person at the time of such law enforcement activity; and
Offer to provide to such person the information set forth in paragraph 1 of subdivision f verbally and allow sufficient time for such person to record such information when such officer does not have an adequate number of pre-printed business cards or hand-written cards on his or her person at the time of such law enforcement activity.
Notwithstanding the provisions of subdivision b, an officer shall offer a business card to any person requesting identifying information, or provide such information verbally to such person and allow such person sufficient time to record such information when such officer does not have an adequate number of pre-printed business cards or hand-written cards on his or her person at the time of such law enforcement activity.
The department shall develop a plan to ensure that officers have an adequate number of business cards prior to engaging in any law enforcement activity and that such cards be replenished within 30 business days after such cards become unavailable. The department shall publish such plan on the department’s website. No later than 24 hours after any amendment to the department’s plan, the department shall update such plan on the department’s website to reflect such amendment and shall conspicuously note any amended language and the effective dates of such amended language.
An officer shall not be required to comply with this section where:
Such officer is engaged in an approved undercover activity or operation, and law enforcement activity is taken pursuant to such undercover activity or operation;
Exigent circumstances require immediate action by such officer;
Such officer reasonably expects that he or she or any other person is in danger of physical injury or that there is an imminent risk of damage to property, or to forestall the imminent escape of a suspect or imminent potential destruction of evidence;
Such officer is conducting a security search of a person or property, including a consent search or identification check where such search or identification check is predicated upon entrance to a public building or facility, location, event, or gathering, including random security checks of backpacks and containers conducted in facilities operated by the metropolitan transportation authority, provided, however, such officer shall be required to identify himself or herself and offer a business card when such information is requested by the person who is the subject of such search or identification check; or
Such officer is verifying the identity of a person seeking entry to an area access to which is restricted by the department due to a public health, public safety or security concern, such as a terrorist attack or natural disaster.
Any business cards used by an officer to identify himself or herself to a person who is the subject of law enforcement activity shall be pre-printed and include, at a minimum:
The name, rank, shield number, and a space to write in the command of such officer, which shall be indicated; and
A phone number for the 311 customer service center and an indication that such phone number may be used to submit comments about the encounter between such officer and such person.
Nothing in this section or in the implementation thereof shall be construed to:
Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or
Create a private right of action on the part of any persons or entity against the city of New York, the department, or any official or employee thereof.
§ 14-175 Marijuana enforcement report.
The commissioner shall submit to the council within twenty-five days of the end of each quarter and post to the department’s website five days thereafter, a report on the number of enforcement actions for marijuana possession as defined in sections 221.05, 221.10 and 221.15 of the New York state penal law, disaggregated by:
the number of arrests; and
the number of criminal summonses issued.
The information required pursuant to subdivision a of this section shall be listed in total and disaggregated by:
offense;
race;
gender;
age, disaggregated by year for the age of 20 and under, and by age group as follows: 21 to 24 years old, 25 to 34 years old, 35 to 65 years old, and over 65;
borough in which the enforcement action was taken; and
the patrol precinct, housing police service area, and transit district in which the enforcement was taken.
§ 14-176 Opioid antagonist report.
For the purpose of this section, the following terms have the following meanings:
Officer. The term “officer” has the same meaning as defined under section 14-174.
Opioid antagonist. The term “opioid antagonist” means naloxone, narcan or other medication approved by the New York state department of health and the federal food and drug administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the human body.
Beginning with the calendar quarter starting on January 1, 2019, the commissioner shall submit to the speaker of the council and the department of health and mental hygiene, within 25 days of the end of each quarter and post to the department’s website five days thereafter, a report relating to opioid antagonists, which shall include:
The number of opioid antagonists the department has available for use in reversing the effects of a heroin or opioid overdose, disaggregated by patrol borough;
The number of officers trained in the department to administer opioid antagonists to overdose victims, disaggregated by patrol borough; and
The number of times in the quarter that an officer administered an opioid antagonists to an overdose victim, disaggregated by patrol borough and by the way in which the opioid antagonist was administered to such overdose victim, such as by syringe injection or nasal atomizer. Such number shall be expressed in both absolute terms and as a percentage of all administrations.
The report created pursuant to this section shall be provided within 30 days of the end of the quarter to which the report corresponds. Where necessary, the department may use preliminary data to prepare the required report. If preliminary data is used, the department shall include an acknowledgment that such preliminary data is non-final and subject to change.
§ 14-177 Harassment and sexual assault survivor sensitivity training.
Definitions. For the purposes of this section, the following terms have the following meanings:
Harassment. The term “harassment” means harassment, as defined under article 240 and consistent with the provisions of article 485 of the New York penal law, directed at a victim because of a belief or perception regarding the gender or sexual orientation of such victim, regardless of whether such belief or perception is correct.
Interactive training. The term “interactive training” means participatory teaching whereby the trainee is engaged in a trainer-trainee interaction, use of audio-visuals, computer or online training program or other participatory forms of training as determined by the commissioner. Such “interactive training” is not required to be live or facilitated by an in-person instructor.
Sexual assault. The term “sexual assault” means conduct defined under article 130 of the New York penal law.
Survivor. The term “survivor” means any person who has been the victim of harassment or sexual assault.
Training.
New recruits. All new department recruits shall receive in person sensitivity training for responding to survivors of harassment and sexual assault as part of their academy training. The training shall be sensitive to cultural differences, gender, gender expression, and sexual orientation, and shall include a demonstration of proficiency in responding to survivors.
Ongoing training. All uniformed members of the department whose responsibilities include routinely interacting with victims of crime, shall receive interactive training, on a biennial basis, to assist them in responding to survivors of harassment and sexual assault.
§ 14-178 Special victims case management system.
Definitions. For the purposes of this section, the following terms have the following meanings:
Case management system. The term “case management system” means a digital and searchable means of tracking and monitoring investigations of the special victims division.
Identifying information. The term “identifying information” means any information that directly or indirectly identifies the victim of a crime.
Special victims division. The term “special victims division” means any division, unit, or other entity within the department that primarily investigates the violation of article 130 of the penal law.
Case management system. The special victims division shall utilize a secure case management system capable of restricting access to identifying information to individuals who require such access in furtherance of their official functions. Such system shall be capable of creating a record in every instance a member of the department accesses a special victims division case.
The department shall conduct quarterly random audits of the case management system to ensure the security of such system. Such audit shall include a review of all individuals outside of the special victims division who have accessed special victims division case files during the previous quarter. The department shall report the results of the audit to the council within 60 days of the end of each quarter.
§ 14-179 Special victims division staffing.
Definitions. For the purposes of this section, the following terms have the following meanings:
Case type. The term “case type” means the most serious offense committed, in the following types: a felony offense committed by an individual unknown to the victim, a felony offense committed by an individual known to the victim, a misdemeanor offense committed by an individual unknown to the victim, or a misdemeanor offense committed by an individual known to the victim.
Special victims division. The term “special victims division” means any division or other entity within the department that primarily investigates alleged violations of article 130 of the penal law.
Special victims investigator. The term “special victims investigator” means any member of the department whose primary duties include investigating sexual crimes and who regularly interacts with the victims of sexual crimes.
Unit. The term “unit” means any unit, squad, division or other means of allocating work within the special victims division.
Beginning January 31, 2019, and every January 31 thereafter, the commissioner shall prepare a report on staffing for the special victims division for the previous year. Such report shall be sent to the council, and posted on the department’s website and shall include the following information:
Factors that the department utilized in determining staffing for the special victims division.
The number of cases referred to the special victims division in total and disaggregated by case type and unit, and also disaggregated by borough and further disaggregated by unit and further disaggregated by case type.
The number of special victims investigators, in total and disaggregated by borough, unit, and rank including detective grade.
The average number of cases assigned to each special victims investigator, in total and disaggregated by case type, and disaggregated by borough and further disaggregated by unit and further disaggregated by case type.
Nothing in this section shall be construed to affect the authority or materially impede the ability of the department to determine the staffing for the special victims division or the factors or information utilized in such determination.
§ 14-180 Special victims training.
Definitions. For the purposes of this section, the following terms have the following meanings:
Sexual crimes. The term “sexual crimes” means any offense in article 130 of the penal law.
Special victims division. The term “special victims division” means any division, unit, or other entity within the department that primarily investigates the violation of article 130 of the penal law.
Special victims investigator. The term “special victims investigator” means any member of the department whose primary duties include investigating sexual crimes and who regularly interacts with the victims of sexual crimes.
Special victims training program. The department, after considering information from outside experts, shall develop and implement a victim-centered special victims training program designed to develop skills related to the investigation of sexual crimes and the specific needs of victims of sexual crimes. The curriculum shall consider nationally recognized best practices and factors contributing to the additional complexity of sexual assault investigations including the depth of victimization, the negative social consequences of sexual assault, the trauma and neurobiological damage inflicted by sexual assault, the complexity of victim management, the falsity or partially truthful disclosure of complaints, the large unreported rate of sexual assaults and any other training deemed relevant to sexual assault cases by the commissioner. Such program shall include the following training components: the Forensic Experiential Trauma Interview method, specialized investigative training for sexual assault cases including non-stranger sexual assault and controlled communications, district attorney based training related to legal evidentiary standards and penal law article 130 crimes, Sexual Assault Forensic Examiner training, Sex Offender Registration Act training, hospital based training, victim advocate based training and any other training courses currently offered by the NYPD for special victims investigators including but not limited to DNA evidence, investigation of complex cases, drug-facilitated sexual assault, neurobiology of sexual assault, rape crisis counselor training, peer based investigative process training, abusive head trauma training and any other training deemed relevant to sexual assault cases by the commissioner, except that the commissioner may eliminate a training component or replace a training component with an alternative component in order to provide comprehensive victim-centered training. Such program shall include a proficiency examination or demonstration for each training component and shall be of a length the commissioner determines is sufficient to ensure that special victims investigators are capable of utilizing such skills.
Training requirement. All newly assigned special victims investigators shall complete the special victims training program defined in subdivision b of this section and demonstrate proficiency in subject matters covered by such program prior to engaging with victims of sexual crimes, however, such investigators may engage with victims prior to completion of such program if such engagement is under the supervision of an experienced investigator, or supervisor, or in circumstances where no experienced investigator or supervisor is available. Any special victims investigators assigned to the special victims division as of the effective date of the local law that added this section must demonstrate proficiency in subject matters covered by such program within one year of such date.
Special victims division training report. On January 30, 2020, and every January 30 thereafter, the department shall post on its website a report indicating the training components of the special victims training program defined in subdivision b of this section including the instructors, purpose, length, and format of each training component, the specific reasons for eliminating or replacing any training component, and the number of members of the service during the previous calendar year that: (i) participated in such program, (ii) failed to demonstrate proficiency required pursuant to subdivision c of this section on their first attempt, disaggregated by subject matter, and (iii) successfully demonstrated proficiency on all subject matters required pursuant to subdivision c of this section. Such report shall also include any experts consulted pursuant to subdivision b of this section in developing such training.
§ 14-181 Child sensitive arrest policies.
Definitions. For the purposes of this section, the following terms have the following meanings:
Caregiver. The term “caregiver” means any individual responsible for the well-being of a child, including but not limited to a parent, legal guardian, relative, or other individual supervising a child.
Displaying. The term “displaying” means removing from a holster or utility belt.
Partner organization. The term “partner organization” means an agency or non-profit organization with the capacity to safeguard a child from potential trauma and minimize the effects of trauma to a child of an incarcerated parent.
Trauma. The term “trauma” means an experience that results from an event, series of events, or set of circumstances that are physically or emotionally harmful or threatening to an individual and that has lasting adverse effects on such individual’s functioning and physical, mental, social, emotional, or spiritual well-being.
The department shall develop guidance for its officers with respect to the arrest of a caregiver in the presence of such caregiver’s child and post such guidance on the department’s website. Such guidance shall be designed to reduce the traumatic impact that the arrest of a caregiver may have on a child, and include the following:
Promptly ascertaining whether a child is present, relying on all available information including any information received from emergency call operators and any indications at the scene of arrest that a child may be present.
Only displaying firearms and other weapons within the sight of a child when necessary and consistent with departmental policy and officer safety.
Handcuffing and questioning an arrested caregiver in a location outside the presence of the sight and hearing of a child of such caregiver.
Reasonably avoiding the use of force to physically separate a child from the arrested caregiver.
Providing an arrested caregiver the opportunity to speak with a child who is present, prior to such caregiver being transported to a police facility. If such an opportunity is not practicable, having a police officer explain to such child, using age appropriate language, that that such child did nothing wrong and that the child will be safe and cared for.
Providing objects that provide comfort to the child of an arrested caregiver, such as toys, clothing, blankets, photographs, or food.
Ascertaining any medical, behavioral, or psychological conditions or required treatments of the child of an arrested caregiver and securing any required medication for such child.
Permitting an arrested caregiver a reasonable opportunity, including providing access to telephone numbers stored in a mobile telephone or other location, to make alternate arrangements for the care of a child, including a child who is not present at the scene of the arrest, and to provide the department or a partner organization with contact information of a preferred alternate caregiver.
When an alternate caregiver is unable to arrive at the scene of arrest within a reasonable amount of time, making a referral to a partner organization or bringing the child to the borough’s child advocacy center. If no alternate caregiver is identified or the identified caregiver does not arrive in a reasonable amount of time, or if the child advocacy center or partner organization is unavailable, notifying the New York state central register of the office of children and family services and notifying the administration for children’s services borough field office or the administration for children’s services’ emergency children’s services program or its equivalent.
Not notifying the administration for children’s services and the state central register of the office of children and family services unless required by law.
After arrest and prior to arraignment in a criminal court, affording arrested caregivers adequate opportunities to make phone calls to check on the status and well-being of a child.
After an arrest and prior to arraignment in a criminal court, offering to make a referral to a partner organization that could provide appropriate services to the child and, with the caregiver’s consent, making such referral.
Training. The department shall ensure that police officers whose duties include routine daily interaction with the public receive training in accordance with subdivision b of this section within one year of the date this law takes effect. Such training shall be developed with input from an outside entity with expertise in child and youth development.
Reporting. Within 30 days of January 1, 2020, January 1, 2021, and January 1, 2022, the department shall submit to the speaker of the council and post on its website a report on the number of instances requiring a referral to a partner organization or transportation of the child to a child advocacy center pursuant to paragraph 9 of subdivision b of this section.
(L.L. 2019/166, 9/14/2019, eff. 3/14/2020*)
Editor’s note: Pursuant to Section 2 of L.L. 2019/166, paragraph 12 of subdivision b is effective 3/14/2021.
§ 14-182 Data regarding animal cruelty complaints.
For the purposes of this section, the term “animal cruelty” means a violation of sections 17-197 or 17-330 or of any of the provisions of article 26 of the agriculture and markets law.
The department shall publish on its website on a semi-annual basis, no later than January 30 and July 30 of each year beginning in 2020, the following data regarding animal cruelty complaints:
(1) the number of complaint reports the department receives alleging an act of animal cruelty and
(2) the number of arrests made as a result of responses by the department to complaints of animal cruelty.
The data required pursuant to this section shall be disaggregated by police precinct.
§ 14-183 Parking permits issued by the police department.
The department may issue parking permits to city, state, or federal law enforcement agencies that indicate permission to park in certain areas during certain times has been granted.
Such permits shall be valid for no more than one year unless suspended or revoked.
Except for department fleet vehicles, an application for a parking permit or renewal thereof shall include, but need not be limited to, the following information:
(a) the name of the applicant;
(b) the license plate number of the vehicle or vehicles to be associated with such permit; and
(c) a statement articulating the justification for the permit need.
Upon the approval of an application, the department shall issue a parking permit to the applicant that may only be used in the vehicle identified on such application.
Parking permits shall not be transferrable to another person or vehicle.
Whenever any information provided on such an application has changed, the permittee shall notify the department within 10 days of such change.
A parking permit may be a physical permit or a programmable feature associated with a license plate number. Such permit issued to a city shall contain the name of the agency. Such permit issued to an agency of the United States shall indicate that such permit is issued for federal law enforcement purposes. Such permit issued to an agency of the state of New York shall indicate that such permit is issued for state law enforcement purposes. All parking permits shall contain at least the expiration date of the permit and a unique identifier or other technology designed to allow the city to detect valid permits.
Parking with a permit shall be permitted in areas specified on or programmed into the permit, and may allow for parking in some or all of the following areas:
(a) at parking meters;
(b) in truck loading and unloading zones;
(c) in “no standing/parking” except “authorized vehicles” or “authorized vehicle” only, when such permit authorizes such use; and
(d) in “no parking” areas.
Parking with a permit shall not permitted in the following areas:
(a) “no standing” areas;
(b) “no stopping” areas;
(c) fire hydrants;
(d) bus stops;
(e) areas where such parking would constitute double parking;
(f) driveways;
(g) bridges and highways;
(h) carsharing parking spaces; and
(i) any other location as designated by the commissioner, taking into consideration traffic rules promulgated by the department of transportation after the effective date of this law.
The department may promulgate such rules as are necessary to implement the provisions of this section.
Any violation of subdivision c of this section involving a material false statement or material fact concealed in connection with an application for a parking permit or renewal thereof shall upon conviction thereof be punishable by a civil penalty of not less than $250 nor more than $1,000. Civil violations issued pursuant to this section shall be adjudicated at the environmental control board or any tribunal established within the office of administrative trials and hearings designated by the commissioner.
No later than January 31, 2021, the department shall post information online regarding the issuance of city-issued parking permits, including, but not limited to, the number of applications submitted and the number of such permits issued in the previous year. Such information shall be updated annually.
Individuals holding permits issued pursuant to this section shall be subject to the rules of the department of transportation relating to the issuance of separate parking violations for the misuse or fraudulent use of city-issued parking permits, as provided for in subparagraph (iv) of paragraph (3) of subdivision (o) of section 4-08 of chapter 4 of title 34 of the rules of the city of New York.
§ 14-183.1 Electronic tracking system for city-issued parking permits.
For the purposes of this section, the term “city-issued parking permit” means a permit issued by a city agency that indicates permission to park in certain areas during certain times has been granted.
The department shall create a centralized electronic system to track all city-issued parking permits and to record all summonses issued by the department in connection with the improper use of city-issued parking permits. Such system shall allow the department to verify in real time the validity of city-issued parking permits.
The department of transportation and the department of education, if authority to issue city-issued parking permits is delegated pursuant to section 19-162.3, shall provide the department with information about city-issued parking permits to be included in the electronic system, including but not limited to the vehicle or vehicles and the permissible and non-permissible locations and uses associated with such permit.
The department shall report each month on summonses issued for misuse of a city-issued parking permit to the city agency whose employee was issued the permit for which the summons was issued. Such city agencies shall also have the ability to access such information on an as-needed basis.
§ 14-184 Removal of vehicles obstructing traffic.
When a vehicle is situated so as to constitute an obstruction of a sidewalk, crosswalk, fire hydrant, bicycle lane, or bus lane and such vehicle is unattended or the person in charge of such vehicle has not arranged for its immediate removal, a person designated by the commissioner may direct its removal by a police department tow truck upon a determination that such vehicle poses a threat to safety or would inhibit the safe and expeditious passage of buses operated by the metropolitan transportation authority.
§ 14-185 Multi-agency response to community hotspots.
Before an establishment becomes the subject of a multi-agency response to community hotspots operation, as defined in subdivision e of section 20-d of the charter, the department shall provide written notice to such an establishment at least 30 days prior to commencing such an operation, unless (i) providing such notice or complying with such waiting period would compromise an active criminal investigation or (ii) the department has specific reason to believe that providing such notice or complying with such waiting period would pose a serious risk to the health or safety of persons inside the establishment or in the vicinity thereof or to the health or safety of a particular person. Such notice shall contain information about the alleged conduct or complaint that could warrant making such an establishment the subject of such an operation and provide a means for the establishment owner, or an agent acting on behalf of such establishment, to provide information or materials to the department relevant to the resolution or attempted resolution of the conduct or complaint described in the notice. Such notice shall include contact information for the office of nightlife and a notice that such recipient may contact such office with any questions or concerns The department shall make such written notice available to any establishment, upon request, during or immediately subsequent to an operation.
Nothing in this section shall be construed to create a private right of action on the part of any person or entity against the city of New York or any agency, official, or employee thereof, to enforce the provisions of this section.
Nothing in this section shall be construed to prevent the city of New York or any agency, official, or employee thereof, from taking any action within its jurisdiction, including but not limited to enforcing any law, rule or regulation.
§ 14-186 Internal disciplinary matrix.
Internal disciplinary matrix. Within six months of the date this local law takes effect, the department shall post on its website a disciplinary matrix that sets forth an advisory schedule of violations, penalties, and mitigating and aggravating circumstances, or any other factors considered by the commissioner to be relevant to the process of determining the appropriate discipline for police department personnel for substantiated violations of department rules or other policies.
Disciplinary matrix development. Within three months of the date this local law takes effect, the department shall prepare and file with the mayor and the speaker of the council, and post on its website:
Factors relevant to developing the internal disciplinary matrix and steps undertaken by the department in developing the internal disciplinary matrix, including consultation with outside entities including stakeholders and community groups.
The proposed schedule of violations, penalties, and mitigating and aggravating circumstances, or any other factors considered by the commissioner to be relevant to the process of determining appropriate discipline.
Nothing in this section shall be construed to limit the discretion of the commissioner to impose discipline, and the commissioner may modify the disciplinary matrix at any time. A description of any such modifications shall be posted on the department website.
No later than January 30, 2022, and by each January 30 in each year thereafter, the department shall post on its website and deliver to the speaker of the council a report that includes the number and percentage of instances within the preceding calendar year in which the commissioner imposed a discipline penalty that is different from the disciplinary matrix penalty.
§ 14-187 Shield numbers and rank designations.
An officer’s shield number or rank designation shall be visible at all times while such officer is in uniform and performing any activity under the color of law.
A claim of refusal to make a shield number or rank designation visible is established under this section when an individual demonstrates that they requested that an officer make their shield number or rank designation visible pursuant to subdivision a of this section and such officer did not comply.
An individual subject to refusal to make a shield number or rank designation visible as described in paragraph 1 of subdivision b of this section may bring an action in any court of competent jurisdiction for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate.
In any action or proceeding to enforce this section, the court shall award a prevailing plaintiff reasonable attorney’s fees and court costs, and may include expert fees as part of the attorney’s fees.
Any action or proceeding to enforce this section shall be commenced no later than one year and 90 days after the date on which the violation of this section is committed.
This section does not limit or abrogate any claim or cause of action a person has under common law or by other law or rule. The provisions of this section are in addition to any other remedies that may be provided for under common law or by other law or rule.
§ 14-188 Annual surveillance reporting and evaluation.
Definitions. As used in this section, the following terms have the following meanings:
Surveillance technology. The term “surveillance technology” means equipment, software, or systems capable of, or used or designed for, collecting, retaining, processing, or sharing audio, video, location, thermal, biometric, or similar information, that is operated by or at the direction of the department. Surveillance technology does not include:
routine office equipment used primarily for departmental administrative purposes;
parking ticket devices;
technology used primarily for internal department communication; or
cameras installed to monitor and protect the physical integrity of city infrastructure.
Surveillance technology impact and use policy. The term “surveillance impact and use policy” means a written document that includes the following information:
a description of the capabilities of a surveillance technology;
rules, processes and guidelines issued by the department regulating access to or use of such surveillance technology as well as any prohibitions or restrictions on use, including whether the department obtains a court authorization for such use of a surveillance technology, and, if so, the specific type of court authorization sought;
safeguards or security measures designed to protect information collected by such surveillance technology from unauthorized access, including but not limited to the existence of encryption and access control mechanisms;
policies and/or practices relating to the retention, access, and use of data collected by such surveillance technology;
policies and procedures relating to access or use of the data collected through such surveillance technology by members of the public;
whether entities outside the department have access to the information and data collected by such surveillance technology, including: (a) whether the entity is a local governmental entity, state governmental entity, federal governmental entity or a private entity, (b) the type of information and data that may be disclosed by such entity, and (c) any safeguards or restrictions imposed by the department on such entity regarding the use or dissemination of the information collected by such surveillance technology;
whether any training is required by the department for an individual to use such surveillance technology or access information collected by such surveillance technology;
a description of internal audit and oversight mechanisms within the department to ensure compliance with the surveillance technology impact and use policy governing the use of such surveillance technology;
any tests or reports regarding the health and safety effects of the surveillance technology; and
any potentially disparate impacts of the surveillance technology impact and use policy on any protected groups as defined in the New York city human rights law.
Publication of surveillance technology impact and use policy. The department shall propose a surveillance technology impact and use policy and post such proposal on the department’s website, at least 90 days prior to the use of any new surveillance technology.
Existing surveillance technology. For existing surveillance technology as of the effective date of the local law that added this section, the department shall propose a surveillance technology impact and use policy and post such proposal on the department’s website within 180 days of such effective date.
Addendum to surveillance technology impact and use policies. When the department seeks to acquire or acquires enhancements to surveillance technology or uses such surveillance technology for a purpose or in a manner not previously disclosed through the surveillance technology impact and use policy, the department shall provide an addendum to the existing surveillance technology impact and use policy describing such enhancement or additional use.
Upon publication of any proposed surveillance technology impact and use policy, the public shall have 45 days to submit comments on such policy to the commissioner.
The commissioner shall consider public comments and provide the final surveillance technology impact and use policy to the speaker and the mayor, and shall post it on the department’s website no more than 45 days after the close of the public comment period established by subdivision e of this section.
§ 14-189 Right to record police activities.
Definitions. For the purposes of this section, the following terms have the following meanings:
Officer. The term “officer” means any peace officer or police officer as defined in the criminal procedure law who is employed by the city of New York, or any special patrolman appointed by the police commissioner pursuant to section 14-106.
Police activities. The term “police activities” means any activity of an officer acting under the color of law.
Record. The term “record” means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving or still images, or by way of written notes or observations.
Right to record police activities. A person may record police activities and maintain custody and control of any such recording and of any property or instruments used in such recording. Nothing in this chapter shall be construed to permit a person to engage in actions that physically interfere with an official and lawful police function, or to prevent the seizure of any property or instruments used in a recording of police activities where the seizure is otherwise authorized by law, or to prohibit any officer from enforcing any other provision of law.
Private right of action.
A claim of unlawful interference with recording police activities is established under this section when an individual demonstrates that he or she recorded or attempted to record police activities in accordance with subdivision b and an officer interfered with such person’s recording of police activities. Such interference includes but is not limited to the following actions:
(a) preventing or attempting to prevent the recording of police activities;
(b) threatening or making any effort to intimidate a person recording police activities;
(c) stopping, seizing, searching, issuing any summons, or arresting any individual because such individual recorded police activities; or
(d) seizing property or instruments used by any individual to record police activities.
It shall be an affirmative defense that (i) a reasonable officer in the position of such officer would have had probable cause to believe that the person recording police activities physically interfered with an official and lawful police function, or that such officer’s actions were otherwise authorized by law or (ii) such officer did not know, and a reasonable officer in the position of such officer would not know, that such person was recording or attempting to record police activities.
A person subject to unlawful interference with recording police activities as described in subdivision b of this section may bring an action in any court of competent jurisdiction for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate.
In any action or proceeding to enforce this section, the court shall allow a prevailing plaintiff reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fees.
Any action or proceeding to enforce this section shall be commenced no later than one year and 90 days after the date on which the violation of this section is committed.
Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States constitution, section 1983 of title 42 of the United States code, the constitution of the state of New York and all other federal laws, state laws, laws of the city of New York including the administrative code, and all pre-existing civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
Reporting. The commissioner shall submit to the speaker of the council, the public advocate and the mayor, and post on the department’s website, within 20 days after the beginning of the quarter that commences on January 1, 2021 and each quarter thereafter, a report containing the following information for the previous quarter: the number of arrests, criminal summonses, and civil summonses in which the person arrested or summonsed was recording police activities as defined in subdivision a of this section. Such report shall include this information in total and disaggregated by the following factors: the patrol precinct in which such arrest or summons occurred, the offense charged, and the apparent race, ethnicity, gender, and age of the person arrested or summonsed. The information to be reported pursuant to this section shall be compared with previous reporting periods, shall be permanently stored on the department’s website, and shall be stored in alphanumeric form that can be digitally transmitted or processed and not in portable document format or scanned copies of original documents.
§ 14-190 Early intervention system.
The department shall maintain a centralized system that is used to record, track, review, and evaluate officer activity and to identify officers who may be in need of enhanced training, monitoring, or reassignment. Such system shall collect and utilize, at a minimum, the following:
(i) information reported pursuant to section 7-114;
(ii) complaints received and results of investigations conducted by the civilian complaint review board;
(iii) complaints received and investigations conducted by the department, including but not limited to investigations conducted by the internal affairs bureau, and any disposition resulting from any such investigation;
(iv) complaints received pursuant to section 804 of the charter;
(v) use of force incidents and incidents of excessive force, as those terms are defined in section 14-158;
(vi) arrests and summonses for violations of sections 240.20, 195.05 and 205.30 of the penal law;
(vii) judicial or departmental determinations that detentions of individuals were not legally justified;
(viii) criminal arrests or investigations of an officer, to the extent known to the department;
(ix) judicial determinations that an officer’s testimony is not credible;
(x) vehicle pursuits and collisions involving department equipment;
(xi) violations of the department’s patrol guide;
(xii) disciplinary actions and ongoing disciplinary proceedings; and
(xiii) non-disciplinary corrective actions.
By January 31 of each year, the department shall post on its website and submit to the mayor and the speaker of the council a report on the department’s use of the early intervention system during the previous year, including, but not limited to (i) any additional information, other than the information required to be included in such system by subdivision a of this section, that is collected and utilized through such system; (ii) the process for identifying, through such system, officers who may be in need of enhanced training or monitoring; (iii) the interventions utilized by the department with such officers; (iv) procedures and systems for ongoing monitoring of such officers to ensure improvement; and (v) any information required to be included in such system by subdivision a of this section that the department believes should be eliminated and the reasons why.
Chapter 2: Solicitation By Law Enforcement Affiliated Organizations
§ 14-201 Regulation of solicitation by law enforcement affiliated organizations.
As used in this chapter, the following terms shall have the following meanings:
“Law enforcement affiliated organization.”
a. Any organization, association, or conference of present or former members of the force, sheriffs, deputy sheriffs, detectives, investigators, constables or similar law enforcement officers or peace officers or police officers as defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law, or any auxiliary or affiliate of such an organization, association, or conference composed of one or more such organizations.
b. Any organization, association or conference established for the benefit of, benevolence towards or support of present or former members of the force, sheriffs, deputy sheriffs, detectives, investigators, constables or similar law enforcement officers or peace officers or police officers as defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law, or the families of such law enforcement personnel.
“Professional fund raiser.” Any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in the city for the purpose of soliciting funds or contributions for or on behalf of any law enforcement affiliated organization, or who engages in the business of, or holds himself or herself out to persons in the city as independently engaged in the business of soliciting contributions for such purposes.
“Professional solicitor.” Any person who is employed or retained for compensation by a professional fund raiser to solicit funds or contributions on behalf of any law enforcement affiliated organization from persons in the city.
§ 14-202 Registration of law enforcement affiliated organizations.
No law enforcement affiliated organization shall solicit funds or contributions from the public, or have funds or contributions solicited on its behalf, unless it has filed a registration statement with the commissioner or the commissioner’s designee in accordance with the provisions of this section. Each registration statement shall be refiled and updated every twelve (12) months so long as the law enforcement affiliated organization is engaged in solicitation activities in the city. Such statements shall be made available to the public in a manner determined by the commissioner or the commissioner’s designee and shall contain the following information: "The name of the organization and the purpose for which it was organized;"] ["The principal address of the organization;"]["A statement indicating whether the organization intends to use professional fund raisers to solicit funds or contributions from the public;"] ["The general purpose or purposes for which the contributions solicited shall be used;"]["The names and business addresses of the person or persons in direct charge of conducting the solicitation;"] ["The names and business addresses of all professional fund raisers who will be connected with the solicitation;"]["A statement to the effect that the fact of registration will not be used or represented in any way as an endorsement by the city or by the department of the solicitation conducted thereunder;"] ["Documents verifying the information provided under provisions one through six above, including all contracts and subsequent amendments thereto between a law enforcement affiliated organization and any professional fund raiser with whom it does business; 9. Once each year on the fifteenth day of February, a report shall be filed with the commissioner stating the amount of funds or contributions collected in the preceding calendar year, the amount expended and the specific recipients and purposes for which said amount was expended, the administrative expenses incurred in said period including a statement of the fees or other charges by any professional fund raisers and the amount paid to same."
A statement to the effect that the organization acknowledges that the information contained in the registration statement shall be made available to the public in a manner determined by the commissioner or the commissioner’s designee.
§ 14-203 Representation.
During the course of each and every solicitation for funds or contributions on behalf of a law enforcement affiliated organization and on an acknowledgement which shall be mailed to the person and/or persons who agree to contribute pursuant to the solicitation, the fund raiser, solicitor or any other person acting on behalf of the law enforcement affiliated organization shall make the following representations.
The name and address of the organization represented;
A description of the programs in which the organization is actually engaged and for which the funds or contributions will be used;
A statement of the percentage of the funds collected during the preceding year which were actually used for the programs in which the organization was then engaged, and that the remaining funds were used for fund raising activities.
§ 14-204 Prohibited acts.
It shall be unlawful to solicit funds or contributions on behalf of a law enforcement affiliated organization:
By using a name, symbol or statement so closely related to that used by another law enforcement affiliated organization or governmental agency that the use thereof would tend to confuse or mislead the public, including the use of statement or materials that would indicate that such funds or contributions were being raised for the department or the patrolman’s benevolent association of the city of New York, unless such agency or association shall have given its written permission for the raising of such funds for it, and the use of its name in connection with the solicitation of funds;
By means of a false pretense, representation or promise which includes representing:
(i) that the professional fund raisers or solicitors are members of the police force or employees of any law enforcement agency;
(ii) that funds collected will be used to aid surviving spouses, domestic partners or children of members of the police force slain in the line of duty or that the funds collected will be used for any other charitable program unless the organization is actually engaged in such a program;
(iii) that contributors will receive special benefits from members of the police force;
(iv) that contributions are tax exempt as a charitable contribution or as a business expense unless they so qualify under the applicable provisions of the internal revenue codes;
(v) by any manner, means, practice or device that misleads the person solicited as to the use of the funds or the nature of the organization.
§ 14-205 Criminal and civil penalties.
Any person who violates or assists in the violation of any of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than one thousand nor more than ten thousand dollars or up to one year imprisonment, or both. Each such violation shall be a separate and distinct offense.
Such person shall also be subject to a civil penalty of not less than one thousand nor more than ten thousand dollars for each violation. Each such violation shall be a separate and distinct offense.
§ 14-206 Enforcement actions or proceedings.
The civil penalties prescribed by this chapter shall be recovered by an action or proceeding in any court of competent jurisdiction. All such actions or proceedings shall be brought in the name of the city by the corporation counsel. In addition, the corporation counsel may institute any other action or proceeding in any court of competent jurisdiction that may be appropriate or necessary for the enforcement of the provisions of this chapter, including actions to secure permanent injunctions enjoining any acts or practices which constitute a violation of any provision of this chapter, mandating compliance with the provisions of this chapter or for such other relief as may be appropriate. In any such action or proceeding the city may apply to any court of competent jurisdiction, or to a judge or justice thereof, for a temporary restraining order or preliminary injunction enjoining and restraining all persons from violating any provision of this chapter, mandating compliance with the provisions of this chapter, or for such other relief as may be appropriate, until the hearing and determination of such action or proceeding and the entry of final judgment or order therein. The court, or judge or justice thereof, to whom such application is made, is hereby authorized forthwith to make any or all of the orders above specified, as may be required in such application, with or without notice, and to make such other or further orders or directions as may be necessary to render the same effectual. No undertaking shall be required as a condition to the granting or issuing of such order, or by reason thereof.
§ 14-207 Scope of remedies.
The remedies and penalties provided for herein shall be in addition to any other remedies and penalties provided under other provisions of law.
§ 14-208 Construction.
The provisions of this chapter shall not be construed to apply to any law enforcement affiliated organizations when solicitation of contributions is confined to their membership. In addition, the provisions of this chapter shall not be construed to apply to any person or law enforcement affiliated organization which solicits contributions for the relief of any individual, specified by name at the time of solicitation, if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary.