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a. Definitions. For the purposes of this section, the following terms have the following meanings:
Sexual crimes. The term "sexual crimes" means any offense in article 130 of the penal law.
Special victims division. The term "special victims division" means any division, unit, or other entity within the department that primarily investigates the violation of article 130 of the penal law.
Special victims investigator. The term "special victims investigator" means any member of the department whose primary duties include investigating sexual crimes and who regularly interacts with the victims of sexual crimes.
b. Special victims training program. The department, after considering information from outside experts, shall develop and implement a victim-centered special victims training program designed to develop skills related to the investigation of sexual crimes and the specific needs of victims of sexual crimes. The curriculum shall consider nationally recognized best practices and factors contributing to the additional complexity of sexual assault investigations including the depth of victimization, the negative social consequences of sexual assault, the trauma and neurobiological damage inflicted by sexual assault, the complexity of victim management, the falsity or partially truthful disclosure of complaints, the large unreported rate of sexual assaults and any other training deemed relevant to sexual assault cases by the commissioner. Such program shall include the following training components: the Forensic Experiential Trauma Interview method, specialized investigative training for sexual assault cases including non-stranger sexual assault and controlled communications, district attorney based training related to legal evidentiary standards and penal law article 130 crimes, Sexual Assault Forensic Examiner training, Sex Offender Registration Act training, hospital based training, victim advocate based training and any other training courses currently offered by the NYPD for special victims investigators including but not limited to DNA evidence, investigation of complex cases, drug-facilitated sexual assault, neurobiology of sexual assault, rape crisis counselor training, peer based investigative process training, abusive head trauma training and any other training deemed relevant to sexual assault cases by the commissioner, except that the commissioner may eliminate a training component or replace a training component with an alternative component in order to provide comprehensive victim-centered training. Such program shall include a proficiency examination or demonstration for each training component and shall be of a length the commissioner determines is sufficient to ensure that special victims investigators are capable of utilizing such skills.
c. Training requirement. All newly assigned special victims investigators shall complete the special victims training program defined in subdivision b of this section and demonstrate proficiency in subject matters covered by such program prior to engaging with victims of sexual crimes, however, such investigators may engage with victims prior to completion of such program if such engagement is under the supervision of an experienced investigator, or supervisor, or in circumstances where no experienced investigator or supervisor is available. Any special victims investigators assigned to the special victims division as of the effective date of the local law that added this section must demonstrate proficiency in subject matters covered by such program within one year of such date.
d. Special victims division training report. On January 30, 2020, and every January 30 thereafter, the department shall post on its website a report indicating the training components of the special victims training program defined in subdivision b of this section including the instructors, purpose, length, and format of each training component, the specific reasons for eliminating or replacing any training component, and the number of members of the service during the previous calendar year that: (i) participated in such program, (ii) failed to demonstrate proficiency required pursuant to subdivision c of this section on their first attempt, disaggregated by subject matter, and (iii) successfully demonstrated proficiency on all subject matters required pursuant to subdivision c of this section. Such report shall also include any experts consulted pursuant to subdivision b of this section in developing such training.
(L.L. 2018/194, 12/1/2018, eff. 6/1/2019)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Caregiver. The term "caregiver" means any individual responsible for the well-being of a child, including but not limited to a parent, legal guardian, relative, or other individual supervising a child.
Displaying. The term "displaying" means removing from a holster or utility belt.
Partner organization. The term "partner organization" means an agency or non-profit organization with the capacity to safeguard a child from potential trauma and minimize the effects of trauma to a child of an incarcerated parent.
Trauma. The term "trauma" means an experience that results from an event, series of events, or set of circumstances that are physically or emotionally harmful or threatening to an individual and that has lasting adverse effects on such individual's functioning and physical, mental, social, emotional, or spiritual well-being.
b. The department shall develop guidance for its officers with respect to the arrest of a caregiver in the presence of such caregiver's child and post such guidance on the department's website. Such guidance shall be designed to reduce the traumatic impact that the arrest of a caregiver may have on a child, and include the following:
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.
c. Training. The department shall ensure that police officers whose duties include routine daily interaction with the public receive training in accordance with subdivision b of this section within one year of the date this law takes effect. Such training shall be developed with input from an outside entity with expertise in child and youth development.
d. Reporting. Within 30 days of January 1, 2020, January 1, 2021, and January 1, 2022, the department shall submit to the speaker of the council and post on its website a report on the number of instances requiring a referral to a partner organization or transportation of the child to a child advocacy center pursuant to paragraph 9 of subdivision b of this section.
(L.L. 2019/166, 9/14/2019, eff. 3/14/2020 and 3/14/2021*)
* Editor's note: Pursuant to Section 2 of L.L. 2019/166, paragraph 12 of subdivision b is effective 3/14/2021.
b. The department shall publish on its website on a semi-annual basis, no later than January 30 and July 30 of each year beginning in 2020, the following data regarding animal cruelty complaints:
(1) the number of complaint reports the department receives alleging an act of animal cruelty and
(2) the number of arrests made as a result of responses by the department to complaints of animal cruelty.
The data required pursuant to this section shall be disaggregated by police precinct.
(L.L. 2019/205, 11/25/2019, eff. 1/24/2020)
a. The department may issue parking permits to city, state, or federal law enforcement agencies that indicate permission to park in certain areas during certain times has been granted.
b. Such permits shall be valid for no more than one year unless suspended or revoked.
c. 1. Except for department fleet vehicles, an application for a parking permit or renewal thereof shall include, but need not be limited to, the following information:
(a) the name of the applicant;
(b) the license plate number of the vehicle or vehicles to be associated with such permit; and
(c) a statement articulating the justification for the permit need.
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.
d. A parking permit may be a physical permit or a programmable feature associated with a license plate number. Such permit issued to a city shall contain the name of the agency. Such permit issued to an agency of the United States shall indicate that such permit is issued for federal law enforcement purposes. Such permit issued to an agency of the state of New York shall indicate that such permit is issued for state law enforcement purposes. All parking permits shall contain at least the expiration date of the permit and a unique identifier or other technology designed to allow the city to detect valid permits.
e. 1. Parking with a permit shall be permitted in areas specified on or programmed into the permit, and may allow for parking in some or all of the following areas:
(a) at parking meters;
(b) in truck loading and unloading zones;
(c) in "no standing/parking" except "authorized vehicles" or "authorized vehicle" only, when such permit authorizes such use; and
(d) in "no parking" areas.
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.
f. The department may promulgate such rules as are necessary to implement the provisions of this section.
g. Any violation of subdivision c of this section involving a material false statement or material fact concealed in connection with an application for a parking permit or renewal thereof shall upon conviction thereof be punishable by a civil penalty of not less than $250 nor more than $1,000. Civil violations issued pursuant to this section shall be adjudicated at the environmental control board or any tribunal established within the office of administrative trials and hearings designated by the commissioner.
h. No later than January 31, 2021, the department shall post information online regarding the issuance of city-issued parking permits, including, but not limited to, the number of applications submitted and the number of such permits issued in the previous year. Such information shall be updated annually.
i. Individuals holding permits issued pursuant to this section shall be subject to the rules of the department of transportation relating to the issuance of separate parking violations for the misuse or fraudulent use of city-issued parking permits, as provided for in subparagraph (iv) of paragraph (3) of subdivision (o) of section 4-08 of chapter 4 of title 34 of the rules of the city of New York.
(L.L. 2020/009, 12/27/2019, eff. 3/26/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/009.
a. For the purposes of this section, the term "city-issued parking permit" means a permit issued by a city agency that indicates permission to park in certain areas during certain times has been granted.
b. The department shall create a centralized electronic system to track all city-issued parking permits and to record all summonses issued by the department in connection with the improper use of city-issued parking permits. Such system shall allow the department to verify in real time the validity of city-issued parking permits.
c. The department of transportation and the department of education, if authority to issue city-issued parking permits is delegated pursuant to section 19-162.3, shall provide the department with information about city-issued parking permits to be included in the electronic system, including but not limited to the vehicle or vehicles and the permissible and non-permissible locations and uses associated with such permit.
d. The department shall report each month on summonses issued for misuse of a city-issued parking permit to the city agency whose employee was issued the permit for which the summons was issued. Such city agencies shall also have the ability to access such information on an as-needed basis.
(L.L. 2020/003, 12/27/2019, eff. 12/31/2021)
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.
(L.L. 2020/013, 1/10/2020, eff. 2/9/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/013.
a. Before an establishment becomes the subject of a multi-agency response to community hotspots operation, as defined in subdivision e of section 20-d of the charter, the department shall provide written notice to such an establishment at least 30 days prior to commencing such an operation, unless (i) providing such notice or complying with such waiting period would compromise an active criminal investigation or (ii) the department has specific reason to believe that providing such notice or complying with such waiting period would pose a serious risk to the health or safety of persons inside the establishment or in the vicinity thereof or to the health or safety of a particular person. Such notice shall contain information about the alleged conduct or complaint that could warrant making such an establishment the subject of such an operation and provide a means for the establishment owner, or an agent acting on behalf of such establishment, to provide information or materials to the department relevant to the resolution or attempted resolution of the conduct or complaint described in the notice. Such notice shall include contact information for the office of nightlife and a notice that such recipient may contact such office with any questions or concerns The department shall make such written notice available to any establishment, upon request, during or immediately subsequent to an operation.
b. Nothing in this section shall be construed to create a private right of action on the part of any person or entity against the city of New York or any agency, official, or employee thereof, to enforce the provisions of this section.
c. Nothing in this section shall be construed to prevent the city of New York or any agency, official, or employee thereof, from taking any action within its jurisdiction, including but not limited to enforcing any law, rule or regulation.
(L.L. 2019/220, 12/15/2019, eff. 4/13/2020; Am. L.L. 2020/069, 7/15/2020, eff. 7/15/2020)
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