§ 14-101 Definitions.
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:
§ 14-103 Detective bureau.
1. 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
2. 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.
§ 14-104 Juvenile bureau.
§ 14-105 Superintendent of buildings; compensation.
§ 14-106 Special patrolmen; when may be appointed.
§ 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:
§ 14-109 Qualifications of members of force; publishing names and residence of applicants and appointees; probation.
§ 14-110 Warrant of appointment; oath.
§ 14-111 Salaries of first grade police officers.
§ 14-112 Computation of compensation of members of the department after service in the fire department.
§ 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.
§ 14-115 Discipline of members.
§ 14-116 Limitations of suits.
§ 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.
§ 14-118.1 Voluntary fingerprinting of school children.
§ 14-118.2 Traffic and parking enforcement by employees not police officers.
§ 14-119 Department to cooperate with department of health and mental hygiene.
§ 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.
§ 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.
§ 14-126 Resignations, absence on leave.
§ 14-127 Contingent expenses of department, bond of commissioner.
§ 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.
§ 14-130 Returns of arrests; accused to be taken before judge of the criminal court.
§ 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.
§ 14-137 Subpoenas; administration of oaths.
§ 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.*
1. The commissioner shall employ a property clerk who shall take charge of all property and money hereinafter described.
2. 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.
3. 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.
4. The commissioner may require and take security for the faithful performance of the duties of the property clerk.
1. 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.
2. 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.
3. 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
§ 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.
§ 14-148 Uniform allowance for members of auxiliary police.
§ 14-149 Police 911 operational time analysis report.
(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.
1. The aggregate number of calls on a citywide and borough-wide basis.
2. The aggregate number of incidents.
3. The aggregate number of incidents where the dispatcher has received a disposition from a police unit.
4. The aggregate number of incidents involving a report of a crime in progress.
5. 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.
6. The average dispatch time, travel time and response time for all police units responding to incidents involving a report of a crime in progress.
7. 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.
§ 14-150 Police department reporting requirements.
1. 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.
2. [Repealed.]
3. 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.
4. 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:
1. Beginning January first, two thousand fourteen, the thirty largest parks, as determined by acreage;
2. Beginning June first, two thousand fourteen, the one hundred largest parks, as determined by acreage;
3. Beginning January first, two thousand fifteen, the two hundred largest parks, as determined by acreage;
4. Beginning January first, two thousand sixteen, the three hundred largest parks, as determined by acreage;
5. Beginning January first, two thousand seventeen, all parks one acre or greater in size; and
6. 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.
5. 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.
6. 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.
7. 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.
8. 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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. A synopsis of each firearms incident resulting in the death of either a subject or an officer.
8. 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.
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:
1. The total number of domestic violence complaints, disaggregated by precinct;
2. The total number of chronic domestic violence complaints, disaggregated by borough;
3. The total number of domestic violence offenders, disaggregated by precinct;
4. The total number of chronic offenders, disaggregated by precinct;
5. 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
6. Any other interventions by the department that relate to domestic violence.
§ 14-151 Bias-based profiling prohibited.
1. “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.
2. “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.
3. 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.
4. “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.
1. Every member of the police department or other law enforcement officer shall be prohibited from engaging in bias-based profiling.
2. The department shall be prohibited from engaging in bias-based profiling.
1. 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.
2. 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.
1. 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.
2. The remedy in any civil action or administrative proceeding undertaken pursuant to this section shall be limited to injunctive and declaratory relief.
3. 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.
§ 14-152 School activity reporting.
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.
1. 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;
2. 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;
3. 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
4. the number and type of non-criminal incidents that occurred.
1. 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;
2. 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;
3. The number of school safety agents with open complaints who have been the subject of a prior complaint; and
4. 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.
§ 14-153 Traffic data.
§ 14-154 Persons not to be detained.
1. “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.
2. “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.
3. “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.
4. “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.
5. “Terrorist screening database” shall mean the United States terrorist watch list or any similar or successor list maintained by the United States.
6. “Violent or serious crime” shall mean:
i. a felony defined in any of the following sections of the penal law: 120.01, 120.02, 120.03, 120.04, 120.04-a(4), 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, 120.12, 120.13, 120.18, 120.25, 120.55, 120.60, 120.70, 121.12, 121.13, 125.10, 125.11, 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, 125.27, 125.40, 125.45, 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.90, 130.95, 130.96, 135.10, 135.20, 135.25, 135.35, 135.50, 135.65(2)(b), 140.17, 140.25, 140.30, 145.12, 150.05, 150.10, 150.15, 150.20, 160.05, 160.10, 160.15, 195.07, 195.08, 195.17, 215.11, 215.12, 215.13, 215.15, 215.16, 215.17, 215.51, 215.52, 220.18, 220.21, 220.28, 220.41, 220.43, 220.44, 220.48, 220.77, 230.05, 230.06, 230.19, 230.25(2), 230.30, 230.32, 230.33, 230.34, 230.34-a, 235.22, 240.06, 240.55, 240.60, 240.61, 240.62, 240.63, 240.75, 241.05, 255.26, 255.27, 260.25, 260.32, 260.34, 263.05, 263.10, 263.11, 263.15, 263.16, 263.30, 265.01-a, 265.01-b, 265.02 (2) through (8), 265.03, 265.04, 265.08, 265.09, 265.10, 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, 265.19, 265.35(2), 270.30, 270.35, 405.16(1), 405.18, 460.22, 470.21, 470.22, 470.23, 470.24, 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, 490.37, 490.40, 490.45, 490.47, 490.50, or 490.55;
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.
1. 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.
2. 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.
3. 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.
1. the number of civil immigration detainers received from federal immigration authorities;
2. 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;
3. the number of persons transferred to the custody of federal immigration authorities pursuant to civil immigration detainers;
4. the number of persons for whom civil immigration detainers were not honored pursuant to subdivision b of this section; and
5. 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.
§ 14-155 Enforcement criteria.
1. a right to be subject to civil or criminal enforcement or prosecution in connection with any alleged specified unlawful act; or
2. 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.
1. the patrol precinct, housing police service area and transit district in which such desk appearance ticket was issued;
2. the borough in which such desk appearance ticket was issued;
3. race;
4. gender;
5. age; and
6. offense charged.
§ 14-157 Summons report.
1. The number of criminal summonses issued;
2. The number of civil summonses issued; and
3. 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.
1. offense;
2. race;
3. gender;
4. age;
5. the borough in which the summons was issued; and
6. the patrol precinct, housing police service area, and transit district in which the summons was issued.
§ 14-158 Use of force incident reports.
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.
1. 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.
2. 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.
1. 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;
2. the precinct or other departmental unit to which the officer who used such excessive force was assigned;
3. whether or not such officer was on duty at the time of the use of excessive force; and
4. if available, dispositions of departmental charges brought against officers for the use of excessive force.
§ 14-159 Use of force encounter reports.
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.
§ 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:
§ 14-161 Online reporting of domestic violence and hate crime statistics.
1. the number of domestic violence radio runs;
2. the number of reported murders related to domestic violence;
3. the number of reported rapes related to domestic violence;
4. the number of reported felonious assaults related to domestic violence;
5. the number of reported hate crimes;
6. the number of reported murders determined by the police department to be hate crimes;
7. the number of reported felonious assaults determined by the police department to be hate crimes;
8. 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;
9. the percentage of reported felony crimes determined by the police department to be related to domestic violence; and
10. 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.
11. 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.
1. 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.
2. 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.
3. 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.
4. 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.
§ 14-162 Enforcement criteria.
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.
§ 14-163 Arrestee health information.
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.
§ 14-164 Patrol guide publication required.
1. Any material that would reveal non-routine investigative techniques or confidential information; or
2. 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.
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.
1. 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
2. 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.
1. 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
2. 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.
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.
1. For all actions, in total and disaggregated by the type of nuisance: the number of actions filed and the number of actions settled.
2. 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.
3. For all actions in which an application for a preliminary injunction is denied, the percentage in which the department withdraws the action.
4. 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.
5. 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.
6. 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.
§ 14-167 Collision reports.
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.
§ 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.
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.
1. 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;
2. 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;
3. 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;
4. 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;
5. 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;
6. The amount of U.S. currency obtained by the department through disbursement from the district attorney pursuant to state forfeiture laws; and
7. The amount of U.S. currency obtained by the department through disbursement from the department of justice pursuant to federal forfeiture laws.
§ 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.
1. Homicide as defined in article 125 of the penal law;
2. Rape as defined in article 130 of the penal law;
3. Robbery as defined in article 160 of the penal law;
4. Felony assault as defined in article 120 of the penal law;
5. Burglary as defined in article 140 of the penal law;
6. Grand larceny as defined in article 155 of the penal law; and
7. 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.
1. 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.
2. 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.
§ 14-173 Guidance regarding consent searches.
1. 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;
2. Securing such consent without threats or promises of any kind being made to such person;
3. Affirming that such person understands the information communicated pursuant to paragraph 1;
4. Refraining from conducting such search where such consent has not been obtained; and
5. 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.
1. 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
2. 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.
1. 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;
2. Exigent circumstances require immediate action by law enforcement; or
3. 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.
1. Apparent race/ethnicity, gender, and age of the person searched; and
2. Precinct where each search occurred, and further disaggregated by the apparent race/ethnicity, gender, and age of the person searched.
1. Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or
2. 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.
2. 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.
3. 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.
1. 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;
2. Exigent circumstances require immediate action by law enforcement; or
3. 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.
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:
1. Noncustodial questioning of individuals suspected of criminal activity;
2. 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;
3. Frisks;
4. Searches of persons or property, including vehicles;
5. 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;
6. Home searches; and
7. 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.
2. Provide to such person an explanation of the reason for such law enforcement activity, unless providing such information would impair a criminal investigation;
3. 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;
4. 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
5. 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.
1. Such officer is engaged in an approved undercover activity or operation, and law enforcement activity is taken pursuant to such undercover activity or operation;
2. Exigent circumstances require immediate action by such officer;
3. 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;
4. 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
5. 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.
1. The name, rank, shield number, and a space to write in the command of such officer, which shall be indicated; and
2. 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.
1. Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or
2. 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.
1. the number of arrests; and
2. the number of criminal summonses issued.
1. offense;
2. race;
3. gender;
4. 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;
5. borough in which the enforcement action was taken; and
6. the patrol precinct, housing police service area, and transit district in which the enforcement was taken.
§ 14-176 Opioid antagonist report.
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.
1. 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;
2. The number of officers trained in the department to administer opioid antagonists to overdose victims, disaggregated by patrol borough; and
3. 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.
§ 14-177 Harassment and sexual assault survivor sensitivity training.
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.
1. 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.
2. 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.
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.
§ 14-179 Special victims division staffing.
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.
1. Factors that the department utilized in determining staffing for the special victims division.
2. 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.
3. The number of special victims investigators, in total and disaggregated by borough, unit, and rank including detective grade.
4. 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.
§ 14-180 Special victims training.
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.
§ 14-181 Child sensitive arrest policies.*
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.
1. 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.
2. Only displaying firearms and other weapons within the sight of a child when necessary and consistent with departmental policy and officer safety.
3. Handcuffing and questioning an arrested caregiver in a location outside the presence of the sight and hearing of a child of such caregiver.
4. Reasonably avoiding the use of force to physically separate a child from the arrested caregiver.
5. 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.
6. Providing objects that provide comfort to the child of an arrested caregiver, such as toys, clothing, blankets, photographs, or food.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
(L.L. 2019/166, 9/14/2019, eff. 3/14/2020*)
§ 14-181 Multi-agency response to community hotspots.*
§ 14-182 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.
(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.
2. 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.
3. Parking permits shall not be transferrable to another person or vehicle.
4. Whenever any information provided on such an application has changed, the permittee shall notify the department within 10 days of such change.
(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.
2. 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.
§ 14-183.1 Electronic tracking system for city-issued parking permits.
§ 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.
§ 14-201 Regulation of solicitation by law enforcement affiliated organizations.
As used in this chapter, the following terms shall have the following meanings:
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.
§ 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:
§ 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.
§ 14-204 Prohibited acts.
It shall be unlawful to solicit funds or contributions on behalf of a law enforcement affiliated organization:
(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.
§ 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.
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