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a. Definitions. As used in this section, the following terms have the following meanings:
Surveillance technology. The term "surveillance technology" means equipment, software, or systems capable of, or used or designed for, collecting, retaining, processing, or sharing audio, video, location, thermal, biometric, or similar information, that is operated by or at the direction of the department. Surveillance technology does not include:
1. routine office equipment used primarily for departmental administrative purposes;
2. parking ticket devices;
3. technology used primarily for internal department communication; or
4. cameras installed to monitor and protect the physical integrity of city infrastructure.
Surveillance technology impact and use policy. The term "surveillance impact and use policy" means a written document that includes the following information:
1. a description of the capabilities of a surveillance technology;
2. rules, processes and guidelines issued by the department regulating access to or use of such surveillance technology as well as any prohibitions or restrictions on use, including whether the department obtains a court authorization for such use of a surveillance technology, and, if so, the specific type of court authorization sought;
3. safeguards or security measures designed to protect information collected by such surveillance technology from unauthorized access, including but not limited to the existence of encryption and access control mechanisms;
4. policies and/or practices relating to the retention, access, and use of data collected by such surveillance technology;
5. policies and procedures relating to access or use of the data collected through such surveillance technology by members of the public;
6. whether entities outside the department have access to the information and data collected by such surveillance technology, including: (a) whether the entity is a local governmental entity, state governmental entity, federal governmental entity or a private entity, (b) the type of information and data that may be disclosed by such entity, and (c) any safeguards or restrictions imposed by the department on such entity regarding the use or dissemination of the information collected by such surveillance technology;
7. whether any training is required by the department for an individual to use such surveillance technology or access information collected by such surveillance technology;
8. a description of internal audit and oversight mechanisms within the department to ensure compliance with the surveillance technology impact and use policy governing the use of such surveillance technology;
9. any tests or reports regarding the health and safety effects of the surveillance technology; and
10. any potentially disparate impacts of the surveillance technology impact and use policy on any protected groups as defined in the New York city human rights law.
b. Publication of surveillance technology impact and use policy. The department shall propose a surveillance technology impact and use policy and post such proposal on the department's website, at least 90 days prior to the use of any new surveillance technology.
c. Existing surveillance technology. For existing surveillance technology as of the effective date of the local law that added this section, the department shall propose a surveillance technology impact and use policy and post such proposal on the department's website within 180 days of such effective date.
d. Addendum to surveillance technology impact and use policies. When the department seeks to acquire or acquires enhancements to surveillance technology or uses such surveillance technology for a purpose or in a manner not previously disclosed through the surveillance technology impact and use policy, the department shall provide an addendum to the existing surveillance technology impact and use policy describing such enhancement or additional use.
e. Upon publication of any proposed surveillance technology impact and use policy, the public shall have 45 days to submit comments on such policy to the commissioner.
f. The commissioner shall consider public comments and provide the final surveillance technology impact and use policy to the speaker and the mayor, and shall post it on the department's website no more than 45 days after the close of the public comment period established by subdivision e of this section.
(L.L. 2020/065, 7/15/2020, eff. 7/15/2020)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Officer. The term "officer" means any peace officer or police officer as defined in the criminal procedure law who is employed by the city of New York, or any special patrolman appointed by the police commissioner pursuant to section 14-106.
Police activities. The term "police activities" means any activity of an officer acting under the color of law.
Record. The term "record" means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving or still images, or by way of written notes or observations.
b. Right to record police activities. A person may record police activities and maintain custody and control of any such recording and of any property or instruments used in such recording. Nothing in this chapter shall be construed to permit a person to engage in actions that physically interfere with an official and lawful police function, or to prevent the seizure of any property or instruments used in a recording of police activities where the seizure is otherwise authorized by law, or to prohibit any officer from enforcing any other provision of law.
c. Private right of action.
1. A claim of unlawful interference with recording police activities is established under this section when an individual demonstrates that he or she recorded or attempted to record police activities in accordance with subdivision b and an officer interfered with such person's recording of police activities. Such interference includes but is not limited to the following actions:
(a) preventing or attempting to prevent the recording of police activities;
(b) threatening or making any effort to intimidate a person recording police activities;
(c) stopping, seizing, searching, issuing any summons, or arresting any individual because such individual recorded police activities; or
(d) seizing property or instruments used by any individual to record police activities.
2. It shall be an affirmative defense that (i) a reasonable officer in the position of such officer would have had probable cause to believe that the person recording police activities physically interfered with an official and lawful police function, or that such officer's actions were otherwise authorized by law or (ii) such officer did not know, and a reasonable officer in the position of such officer would not know, that such person was recording or attempting to record police activities.
3. A person subject to unlawful interference with recording police activities as described in subdivision b of this section may bring an action in any court of competent jurisdiction for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate.
4. In any action or proceeding to enforce this section, the court shall allow a prevailing plaintiff reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fees.
5. Any action or proceeding to enforce this section shall be commenced no later than one year and 90 days after the date on which the violation of this section is committed.
d. Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States constitution, section 1983 of title 42 of the United States code, the constitution of the state of New York and all other federal laws, state laws, laws of the city of New York including the administrative code, and all pre-existing civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
e. Reporting. The commissioner shall submit to the speaker of the council, the public advocate and the mayor, and post on the department's website, within 20 days after the beginning of the quarter that commences on January 1, 2021 and each quarter thereafter, a report containing the following information for the previous quarter: the number of arrests, criminal summonses, and civil summonses in which the person arrested or summonsed was recording police activities as defined in subdivision a of this section. Such report shall include this information in total and disaggregated by the following factors: the patrol precinct in which such arrest or summons occurred, the offense charged, and the apparent race, ethnicity, gender, and age of the person arrested or summonsed. The information to be reported pursuant to this section shall be compared with previous reporting periods, shall be permanently stored on the department's website, and shall be stored in alphanumeric form that can be digitally transmitted or processed and not in portable document format or scanned copies of original documents.
(L.L. 2020/067, 7/15/2020, eff. 8/14/2020)
a. The department shall maintain a centralized system that is used to record, track, review and evaluate officer activity and to identify officers who may be in need of enhanced training, monitoring or reassignment. Such system shall collect and utilize, at a minimum, the following:
(i) information reported pursuant to section 7-114;
(ii) complaints received and initiated by, and results of investigations based on such complaints conducted by the civilian complaint review board;
(iii) complaints received and results of investigations conducted by the department, including but not limited to investigations conducted by the internal affairs bureau, and any disposition resulting from any such investigation;
(iv) complaints received pursuant to section 804 of the charter;
(v) use of force incidents and incidents of excessive force, as those terms are defined in section 14-158;
(vi) arrests and summonses for violations of sections 240.20, 195.05 and 205.30 of the penal law;
(vii) judicial or departmental determinations that detentions of individuals were not legally justified;
(viii) criminal arrests or investigations of an officer, to the extent known to the department;
(ix) judicial determinations that an officer's testimony is not credible;
(x) vehicle pursuits and collisions involving department equipment;
(xi) violations of the department's patrol guide;
(xii) disciplinary actions and ongoing disciplinary proceedings;
(xiii) non-disciplinary corrective actions; and
(xiv) results of investigations conducted by the civilian complaint review board pursuant to section 441 of the charter.
b. By January 31 of each year, the department shall post on its website and submit to the mayor and the speaker of the council a report on the department's use of the early intervention system during the previous year, including, but not limited to (i) any additional information, other than the information required to be included in such system by subdivision a of this section, that is collected and utilized through such system; (ii) the process for identifying, through such system, officers who may be in need of enhanced training or monitoring; (iii) the interventions utilized by the department with such officers; (iv) procedures and systems for ongoing monitoring of such officers to ensure improvement; and (v) any information required to be included in such system by subdivision a of this section that the department believes should be eliminated and the reasons why.
(L.L. 2020/068, 7/15/2020, eff. 9/1/2020; Am. L.L. 2021/047, 4/25/2021, eff. 1/20/2022; Am. L.L. 2022/024, 1/9/2022, eff. 1/20/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/047.
a. No later than October 31, 2024, and no later than 30 days after the end of each quarter thereafter, the commissioner shall submit to the speaker of the council and the mayor and post on the department's website a report containing the following information for the previous quarter:
1. the total number of vehicle stops conducted by officers, disaggregated by the justification for the stop, which shall include the type of offense observed, if any, and whether such offense is an infraction, violation, misdemeanor, or felony;
2. the total number of vehicles stopped by officers at roadblocks or checkpoints except those established due to an emergency, such as a crime scene, fire, building collapse or damage caused by extreme weather conditions or other natural disaster events;
3. the total number of summonses issued in connection with a vehicle stop, roadblock stop, or checkpoint stop;
4. the total number of arrests made in connection with a vehicle stop, roadblock stop, or checkpoint stop;
5. the total number of vehicle stops, roadblock stops, and checkpoint stops;
6. the total number of vehicles stopped that were vehicles licensed by the taxi and limousine commission, were cars or sports utility vehicles, and were trucks or buses, motorcycles, or bicycles;
7. the total number of summonses issued, disaggregated by whether civil or criminal offenses were charged;
8. the total number of arrests made and the top offenses charged;
9. the total number of vehicles seized as the result of a vehicle stop, a roadblock or checkpoint;
10. the total number of searches of vehicles, disaggregated by whether consent was provided for such searches; and
11. the total number of use of force incidents, as defined in section 14-158, that occurred in connection with a vehicle stop, a roadblock or checkpoint.
b. The information required by subdivision a of this section shall be disaggregated by precinct and the apparent race/ethnicity, gender and age of the driver.
c. The information required by this section shall be stored permanently; accessible from the department's website; and provided in a format that permits automated processing. Each report shall include, once such information is available, a comparison of the current reporting period with reports from the prior four reporting periods.
(L.L. 2021/045, 4/25/2021, eff. 4/25/2021; Am. L.L. 2024/026, 1/20/2024, eff. 8/1/2024)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Domestic violence. The term "domestic violence" means acts or threats of violence, not including acts of self-defense, committed by a family or household member against another family or household member.
Family offense. The term "family offense" shall mean an act or threat of an act as defined in section 530.11 of the criminal procedure law.
Human trafficking. The term "human trafficking" shall mean an act or threat of an act that may constitute sex trafficking, as defined in section 230.34 of the penal law, or labor trafficking, as defined in section 135.35 and 135.36 of the penal law.
Sexual crimes. The term "sexual crimes" means any offense in article 130 of the penal law.
b. Training requirement.
1. The department shall develop, and implement by September 30, 2022, a victim-centered, trauma-informed questioning training program designed to develop skills for the response to and investigation of incidents involving domestic violence, sexual crimes, or human trafficking. The training program shall include but not be limited to the following components: the dynamics of domestic violence, sexual assault, and human trafficking, including abuser tactics of power and control; danger and lethality factors in domestic violence, sexual assault, and human trafficking cases; the criminal law provisions of the Family Protection Domestic Violence Intervention Act of 1994, codified in chapter 222 of the laws of 1994; how to determine the primary aggressor in a domestic violence incident; the family offenses; the offense of endangering the welfare of a child; the offenses of assault in the first degree, manslaughter in the first and second degrees, criminally negligent homicide, and murder in the second degree, together with the defense of justification and the role of trauma in victims' acts of self-defense; the importance of avoiding expressions of skepticism, victim-blaming, and minimizing of the offense in early communications with victims; how to recognize signs of drug-facilitated sexual assault and preserve crucial evidence thereof; the overlap among domestic violence, sexual assault and human trafficking; victim-centered, trauma-informed questioning in domestic violence, sexual assault, human trafficking, and related cases; the effects of trauma on victims; techniques of trauma-informed policing; the resources available to victims of domestic violence, sexual assault, and human trafficking, including shelter and nonresidential services, locating hospital-based sexual assault forensic exams, and domestic violence, sexual assault, and human trafficking emergency resources; and any other training deemed relevant 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 a comprehensive victim-centered, trauma-informed questioning training program.
2. There shall be an interdisciplinary and interagency committee that shall meet no later than May 1, 2022, and twice a year thereafter. The committee shall make recommendations to the department with respect to the training program required by this subdivision. Each member of the committee will use their insights from interactions with programs and survivors of domestic violence, sexual crimes, and human trafficking to help evaluate whether previous trainings accomplished the goals of the trainings. Such committee shall consist of:
(i) the director of the mayor's office to end domestic and gender-based violence or the director's designee;
(ii) the director of the mayor's office of criminal justice or the director's designee;
(iii) officers or employees of the department, designated by the commissioner, with relevant experience or expertise, including officers or employees with expertise in domestic violence, sexual crimes, and human trafficking;
(iv) two representatives of two domestic violence service providers, including at least one provider that serves immigrant communities, as appointed by the mayor;
(v) two representatives of two sexual assault service providers, as appointed by the mayor; and
(vi) two representatives of two human trafficking service providers, as appointed by the mayor;
(vii) two survivors of gender-based violence, as appointed by the mayor; and
(viii) one or more representatives from the offices of the city's district attorneys invited by the department.
3. New recruits. All new department recruits shall receive at least three hours of training related to domestic violence, sexual crimes, and human trafficking.
4. Ongoing training. All uniformed members of the department whose responsibilities include routinely interacting with victims of crime, shall receive training on incidents involving domestic violence, sexual crimes, or human trafficking, on a biennial basis.
c. Reporting. Beginning February 1, 2023, and no later than each February 1 thereafter, the department shall report the following information concerning domestic violence, sexual crimes, or human trafficking training for the previous calendar year: the number of police officers trained and the curriculum used for each training session. The report shall be disaggregated by the number of officers who received recruit training and the number of officers that received ongoing training in the prior calendar year. Such report shall be posted on the department's website and submitted to the mayor, the speaker of the council, and the members of the committee formed pursuant to subdivision b of this section.
(L.L. 2022/049, 1/15/2022, eff. 4/15/2022)
a. Definition. For the purposes of this section, the term "autism spectrum disorder" means behavior that meets relevant diagnostic criteria contained within the American Psychiatric Association's diagnostic and statistical manual, fifth edition, as may be revised from time to time.
b. Training.
1. The department shall train police recruits, as part of their police academy training, in recognizing and responding to individuals with autism spectrum disorder.
2. The department shall, on a biennial basis, train all uniformed members of the department in recognizing and responding to individuals with autism spectrum disorder.
c. The training required by subdivision b of this section shall include but not be limited to:
1. enhancement of awareness and a practical understanding of autism spectrum disorder, including an ability to recognize common behaviors and mannerisms of individuals with autism spectrum disorder, such as sensory processing disorders, oversensitivity to the environment and auditory processing disorder;
2. development of the interpersonal skills to safely respond to emergencies involving individuals with autism spectrum disorder; and
3. instruction on interview and investigative techniques to utilize in cases involving individuals with autism spectrum disorder, including cases where such an individual has experienced incidents of gender-based violence.
d. The curriculum for the training required by subdivision b of this section shall be periodically reviewed and, when appropriate, modified in consultation with independent clinicians and service providers with expertise on autism spectrum disorder.
(L.L. 2023/053, 5/11/2023, eff. 11/7/2023)
a. Definition. For the purposes of this section, the term “body-worn camera” means a video recording device that can be attached or affixed to a person’s body, apparel, or clothing.
b. Within 10 business days of receipt of a request for body-worn camera footage by the commissioner of investigation and unless prohibited by law, the department shall provide such requested body-worn camera footage to such commissioner. Where the provision of such footage is prohibited by law, the department shall, within 10 business days of receipt of such request, issue a denial, which shall include a citation to the law that prohibits the disclosure of such footage.
c. Notwithstanding subdivision b of this section, where the department is unable to provide the requested body-worn camera footage within 10 business days of receipt of such request, the department shall, within such 10 business days, provide to the commissioner of investigation a written explanation for the delay and the estimated date by which such footage will be provided.
(L.L. 2024/023, 1/20/2024, eff. 2/19/2024)
a. Definitions. As used in this section, the following terms have the following meanings:
Covered donor. The term “covered donor” means a person or entity, not including any local, state, or federal government agency, from whom the department received one or more donations of money, goods, or services that exceeded one million dollars in aggregate value during the reporting period.
Reporting period. The term “reporting period” means the period beginning July 1 of a calendar year until and including June 30 of the following calendar year.
b. In addition to any report or disclosure required pursuant to chapter 68 of the charter, or any interpretation thereof by the conflicts of interest board, no later than January 1, 2025, and no later than January 1 of each year thereafter, the department shall submit to the mayor and the speaker of the council a report on donations received from covered donors during the reporting period ending in the prior calendar year. Each such report shall include:
1. a list of all covered donors and the aggregate value of all money, goods and services received from each such covered donor during such reporting period;
2. a list of all capital projects supported in whole or in part by each covered donor, including the aggregate value of donations from each covered donor for each capital project;
3. a list of all programs, initiatives, equipment, or other activities, including all pilot programs, supported in whole or in part by each covered donor, including the corresponding aggregate value of each listed program, initiative, equipment, or other activity attributable to donations from such covered donor for each program, initiative, equipment, or other activity or expenditure provided that a single unit of appropriation for personal service or a single unit of appropriation for other than personal service may not be used to represent any such program, initiatives, equipment, or other activities or expenditures required to be reported pursuant to this paragraph;
4. a list of all capital projects, programs, initiatives, equipment, or other activities, including all pilot programs, that received public funding during the reporting period and also received a donation from a covered donor.
(L.L. 2024/025, 1/20/2024, eff. 1/20/2024)
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