L.L. 2013/030

Enactment date: 4/2/2013

Preconsidered Int. No. 1016

By Council Members Oddo, the Speaker (Council Member Quinn), Vallone, Recchia, Mendez, Ignizio, Ulrich, Rose, Arroyo, Chin, Comrie, Gentile, Greenfield, King, Nelson, Palma and Halloran

A Local Law to amend the administrative code of the City of New York, in relation to prohibited acts committed during a local state of emergency and to certain technical revisions to chapter 1 of title 10 of such code.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The Council hereby finds and declares that in the aftermath of Tropical Storm Irene and Super Storm Sandy there were instances where criminals took an emergency situation as an opportunity to target vulnerable New York City residents and areas of the City for their own personal gain. Crimes of opportunity, including those causing physical injury, or those that involve damaging, taking, or entering property, or fraudulently impersonating public servants, when committed during a local state of emergency and in areas of the City made vulnerable by such emergency, are distinguishable from and more egregious than crimes that occur outside of a crisis. Such acts cause harm and disruption to defenseless residents of the City of New York above and beyond what has already been caused by the circumstances surrounding the emergency, as well as harm and disruption to the City as a whole, both during the emergency and during recovery efforts thereafter. Additionally, the actions of these opportunistic criminals can reverberate throughout the entire City because they lead to the diversion of critical City resources, which could have harmful effects on any of this City's eight million residents.

When criminals target mandatory evacuation areas during mandatory evacuation periods, the problems posed by such criminal conduct are worsened. Mandatory evacuations are declared by the Mayor to secure the safety of the most at-risk New Yorkers, however, many of these residents do not evacuate for fear of their homes being looted. In fact, during Super Storm Sandy reports show that some people, particularly those in Staten Island, lost their lives for this very reason. Moreover, residents of evacuation zones are likely to suffer the most physical or financial damage and are therefore much more susceptible to criminals who prey on the misfortunes of others.

For all of these reasons, it is the intent of the Council to provide all law-abiding New Yorkers with a safe and secure environment during times of emergency. To do so the Council finds that it is necessary to deter crimes of opportunity committed during local states of emergency in mandatory evacuation zones and in areas where access to essential goods and services has been reduced or lost by making such actions punishable criminally and civilly, with heightened penalties for such activity when it takes place in mandatory evacuation zones and during mandatory evacuation periods.

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[Consolidated provisions are not included in this Appendix A]

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§ 4. This local law shall take effect 60 days after its enactment into law.