a. Declaration of legislative findings and intent. The Council has analyzed the application of criminal and civil enforcement in numerous low-level offenses. Based upon this analysis, the Council has identified concerns with the use of criminal enforcement for many of these offenses and has concluded that criminal enforcement of these offenses should be used only in limited circumstances and that, in the absence of such circumstances, civil enforcement should be utilized. Therefore, the Council finds that it would be productive for the Police Department to communicate to its officers and to the public guidance regarding the important determination whether to utilize civil or criminal enforcement in particular instances.
b. The department shall provide guidance to its uniformed officers with respect to determining whether to utilize civil enforcement or criminal enforcement, or both, for any individual who commits a specified unlawful act. Such guidance shall be made publicly available. Nothing contained in this subdivision or in the administration or application hereof shall be construed as creating:
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.
(L.L. 2016/071, 6/13/2016, eff. 6/13/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/071.