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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.
a. The commissioner shall submit to the council and the mayor, and post to the department's website, within 30 days of the beginning of each quarter, a report regarding the use of desk appearance tickets for the previous quarter. This report shall include the guidelines used by the department to determine when desk appearance tickets are used in lieu of a custodial arrest pursuant to subdivision 1 of section 140.20 of the penal law. This report shall also include, for any offense for which a desk appearance ticket may be issued by state law and for which either more than 500 desk appearance tickets were issued or for which more than 500 arrests were made pursuant to subdivision 1 of section 140.20 of the penal law, the rate of the use of arrests and desk appearance tickets for each such offense. This report shall also include the number of desk appearance tickets issued, in total and disaggregated as follows:
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.
b. The information in subdivision a of this section shall be stored permanently on the department's website, and each quarterly report shall include a comparison of the current quarter to the same quarter in the prior three years, and the current year to the prior five years, where such information is available.
(L.L. 2016/069, 6/13/2016, eff. 6/13/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/069.
a. The commissioner shall submit to the council and the mayor, and post to the department's website, within 30 days of the beginning of each quarter, a report containing the following information for the previous quarter:
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.
b. The information required pursuant to subdivision a of this section shall be listed in total and disaggregated by:
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.
c. The information required pursuant to subdivisions a and b for each quarter shall be stored permanently on the department's website and shall be provided in a format that permits automated processing. Each quarterly report shall include a comparison of the current quarter to the same quarter in the prior three years, and the current year to the prior five years, where such information is available.
(L.L. 2016/068, 6/13/2016, eff. 6/13/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/068.
a. Definitions. As used in this section, the following terms have the following meanings:
Excessive force. The term "excessive force" means force that has been found by the department to be, considering the totality of the circumstances in which it is used, greater than that which a reasonable officer, in the same situation, would use under the circumstances that existed and were known to the officer at the time such force was used.
Use of force incident. The term "use of force incident" means any instance where a member of the department, while taking police action, responds to an incident or condition and takes action in a manner intended to have an immediate effect on the body of another person, and consists of the following categories: (i) the use of hand strikes, foot strikes, forcible take-downs or the wrestling of the subject to the ground; (ii) the discharge of oleoresin capsicum spray; (iii) the deployment of a conducted electrical weapon; (iv) the use of a mesh restraining blanket to secure an individual; (v) the intentional striking of a person with any object, including a baton or other equipment; (vi) a police canine bite; and (vii) the use of physical force that is readily capable of causing death or serious physical injury, including the discharge of a firearm.
b. Use of force incident report. No later than February 1, 2017, and no later than 30 days after the end of each quarter thereafter, the department shall post on its website and deliver to the council a report containing the following information for the prior quarter:
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.
c. No later than May 1, 2017, and thereafter on an annual basis, the department shall post on its website and deliver to the council a report that contains the information in paragraphs 1 and 2 of subdivision b of this section for the previous calendar year. Such report shall also include the number of incidents involving the use of excessive force for the previous calendar year, in total and disaggregated by:
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.
d. The reports produced pursuant to subdivisions b and c shall be stored permanently and shall be accessible from the department's website, and the quarterly report produced pursuant to subdivision b shall be provided in a format that permits automated processing. Each quarterly report produced pursuant to subdivision b shall include a comparison of the information for the current quarter to the information in the same quarter in each of the prior three years, where such prior information is available.
(L.L. 2016/085, 8/3/2016, eff. 8/3/2016)
a. Definitions. The following terms have the following meanings:
Basis for encounter. The term "basis for encounter" means the conduct, offense or reason which formed the basis for the initial approach by a member of the department that led to police action, including an arrest, criminal summons, civil summons, or desk appearance ticket.
Use of force incident. The term "use of force incident" has the same meaning as set forth in subdivision a of section 14-158.
b. Use of force encounter report. The department shall post on its website within 30 days of the beginning of each quarter a report of the number of use of force incidents for the prior quarter disaggregated by basis for encounter.
(L.L. 2016/086, 8/3/2016, eff. 8/3/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/086.
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:
a. have had two or more cases substantiated by the civilian complaint review board in the last three calendar years;
b. were subject to an internal affairs investigation that resulted in the officer's suspension from employment within the last five calendar years;
c. have been found by the department to have used excessive force, as such term is defined in subdivision a of section 14-158, in the last three calendar years, where such information is available pursuant to subdivision c of such section; or
d. have been arrested as a result of actions taken while on duty or related to an officer's job function, in the last ten calendar years, provided that nothing in this subdivision shall require the reporting of records that have been sealed.
(L.L. 2016/088, 8/3/2016, eff. 8/3/2016)
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