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a. No later than 30 days after the quarter ending December 31, 2017 and 30 days after every quarter thereafter, the department shall publish on the department's website a report for the prior quarter, which shall include:
1. The total number of arrests under subdivision 3 of section 165.15 of the penal law that occurred in a New York city transit authority station in total and disaggregated by the (a) transit bureau district; (b) New York city transit authority station; (c) race, sex and age group of the arrestee, including but not limited to disaggregation of arrestees under the age of 18; and (d) whether the arrestee was issued a desk appearance ticket or was the subject of a live arrest.
2. The total number of summonses returnable to the transit adjudication bureau issued for subway fare evasion as defined in section 1050.4 of title 21 of the New York codes, rules and regulations in total and disaggregated by (a) transit bureau district; (b) the New York city transit authority station; and (c) race, sex and age group of the violator, including but not limited to disaggregation of violators under the age of 18.
b. The department shall publish on its website the department's policy with respect to determining whether an individual is issued a summons returnable to the transit adjudication bureau or a criminal summons.
c. Data pursuant to paragraphs 1 and 2 of subdivision a of this section shall be stored permanently, and shall be accessible from the department's website in a format that permits automated processing.
(L.L. 2018/047, 1/11/2018, eff. 1/11/2018)
a. Definitions. As used in this section, the following terms have the following meanings:
Fare evasion. The term “fare evasion” means a violation of subdivision 3 of section 165.15 of the penal law occurring in a subway station, bus or other facility or conveyance operated by the transit authority, or a violation of section 1050.4 of title 21 of the New York codes, rules and regulations.
Reduced fare program. The term “reduced fare program” means the program established pursuant to chapter 12 of title 68 of the rules of the city of New York to provide a discount on designated city transit options, including subway or bus service.
Transit authority. The term “transit authority” means the New York city transit authority.
b. The department shall, on a monthly basis, transmit to the human resources administration/department of social services the name and address of any natural person issued a summons for fare evasion during the preceding quarter.
c. The human resources administration/department of social services shall develop informational materials on the reduced fare program, and shall distribute such materials to any natural person whose name and address is transmitted to the human resources administration / department of social services pursuant to subdivision b provided that such person has not previously been provided with such materials pursuant to this section. Such materials shall include, but need not be limited to:
1. The eligibility criteria for the reduced fare program;
2. The amount of any discount provided by such program; and
3. The application procedures for such program.
(L.L. 2024/030, 1/20/2024, eff. 5/19/2024)
a. The department shall develop and provide guidance for its officers, whether in uniform or civilian clothing, not including those engaged in undercover operations, with respect to obtaining voluntary, knowing, and intelligent consent prior to the search of a person, or a person's vehicle, home, or property, for a search that is based solely on a person's consent to such search, when such search is not conducted pursuant to a warrant, any other exception to the warrant requirement under applicable law, or probable cause, or when such search is not incident to a lawful arrest. Such guidance shall specify conduct for:
1. Articulating, using plain and simple language delivered in a non-threatening manner, that the person who is the subject of the search is being asked to voluntarily, knowingly, and intelligently consent to such search, and explaining that such search will not be conducted if such person refuses to provide consent to such search;
2. Securing such consent without threats or promises of any kind being made to such person;
3. Affirming that such person understands the information communicated pursuant to paragraph 1;
4. Refraining from conducting such search where such consent has not been obtained; and
5. Utilizing interpretation services pursuant to the department's language access plan, as appropriate, when seeking consent to conduct a search of a person with limited English proficiency or such person's vehicle, home, or property, including but not limited to the use of bilingual officers and telephonic interpretation, prior to conducting such search.
b. An officer who seeks consent to conduct a search that is subject to the guidance developed and provided pursuant to subdivision a shall:
1. Create a video record of the information communicated pursuant to such guidance and such person's response to such information when such officer is equipped with a body-worn camera issued by the department; and
2. Document the time, location, and date of any such request for consent to search; whether consent was sought to search a person, including to collect a forensic sample to be used to test a person’s DNA, vehicle, home, or property; whether such consent was sought from a person with limited English proficiency, and whether the officer utilized interpretation services and, if so, the type of interpretation services utilized, including but not limited to the use of language line services, a certified interpreter pursuant to the language initiative program, or other interpretation service authorized pursuant to the department’s language access plan; and the apparent race/ethnicity, gender, and age of the person from whom consent to search was sought, and such officer’s name, precinct, and shield number.
c. Where an officer has created a video record pursuant to subdivision b, such officer shall offer the person who is the subject of the search information on obtaining a copy of such record. Upon receiving a request from such person for a copy of such record, the department shall acknowledge receipt of such request within five days of receiving such request. Such acknowledgment shall include a date by which the department will provide such record or the basis for the denial of such request, provided that such date shall not be longer than 90 days from the date of receipt of such request. If the department is unable to provide such copy or denial to such person within 90 days due to extenuating circumstances, it shall provide such record or denial within 30 days of such 90 days and provide the basis of such circumstances.
d. Notwithstanding any other provision in this section, the guidance developed and provided by the department pursuant to subdivision a need not apply when:
1. An officer is conducting a security search of a person or property where such search is predicated upon entrance to a public building or facility, location, event, or gathering, including random security checks of backpacks and containers conducted in facilities operated by the metropolitan transportation authority, and where such person's entrance into any such location constitutes implied consent to be searched under an exception to the warrant requirement;
2. Exigent circumstances require immediate action by law enforcement; or
3. An officer reasonably expects that he or she or any other person is in danger of physical injury or that there is an imminent risk of damage to property, or to forestall the imminent escape of a suspect or the imminent potential destruction of evidence.
e. Commencing within 30 days of the end of the quarter beginning on July 1, 2024, and within 30 days of the end of every quarter thereafter, the department shall post on its website a report of data collected from the preceding quarter pursuant to paragraph 2 of subdivision b, including, but not limited to:
1. The total number of consent searches conducted during the preceding quarter, disaggregated by the:
(a) Apparent race/ethnicity, gender, and age of the person from whom consent to search was sought; and
(b) Precinct where each search occurred;
2. The total number of requests by an officer for consent to search where such consent was denied during the preceding quarter, disaggregated by the:
(a) Apparent race/ethnicity, gender, and age of the person from whom consent to search was sought;
(b) Precinct where each request to search was made;
3. The information required by subparagraph (b) of paragraph 1 of this subdivision, further disaggregated by:
(a) The apparent race/ethnicity, gender, and age of the person from whom consent to search was sought;
(b) Whether consent was sought to search a person, vehicle, home or property or to collect a forensic sample to be used to test a person’s DNA;
(c) Whether the person from whom consent to search was sought was a person with limited English proficiency; and
(d) Whether the officer utilized interpretation services to obtain consent, further disaggregated by the type of interpretation service utilized; and
4. The information required by subparagraph (b) of paragraph 2 of this subdivision, further disaggregated by:
(a) The apparent race/ethnicity, gender, and age of the person from whom consent to search was sought;
(b) Whether consent was sought to search a person, vehicle, home or property or to collect a forensic sample to be used to test a person’s DNA;
(c) Whether the person from whom consent to search was sought was a person with limited English proficiency; and
(d) Whether the officer utilized interpretation services to obtain consent, further disaggregated by the type of interpretation service utilized.
f. The information required pursuant to subdivision e for each reporting period shall be stored permanently and shall be accessible from the department's website, and shall be provided in a format that permits automated processing. Each report shall include a comparison of the current reporting period to the prior four reporting periods, where such information is available.
g. Nothing in this section or in the implementation hereof shall be construed to:
1. Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or
2. Create 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.
h. 1. In the event body worn cameras are not provided by the department to officers engaged in a patrol function, whether in uniform or civilian clothing, by December 31, 2019, or the department ceases to use such cameras, the department shall (i) develop and implement a procedure to obtain objective proof of voluntary, knowing, and intelligent consent to search by documenting the information communicated by an officer pursuant to the guidance that the department developed pursuant to subdivision a and the response of the person who is the subject of such search in writing and by offering such person to sign a statement confirming such consent, or by documenting such information through audio, through video and audio, or by other methods, excluding fingerprinting; and (ii) develop a process for such person to request such information or record.
2. If body worn cameras are not provided by the department by December 31, 2019, or the department ceases to use such cameras solely due to circumstances within the control of the commissioner, the department shall develop and implement such procedure by such date.
3. If body worn cameras are not provided by the department by December 31, 2019, or the department ceases to use such cameras due to circumstances not within the control of the commissioner, the department shall develop and implement such procedure no later than 6 months from such date or the date on which the department ceases to use such technology.
i. Notwithstanding any other provision in this section, the procedure developed by the department pursuant to subdivision h need not apply when:
1. An officer is conducting a security search of a person or property where such search is predicated upon entrance to a public building or facility, location, event, or gathering, including random security checks of backpacks and containers conducted in facilities operated by the metropolitan transportation authority, and where such person's entrance into any such location constitutes implied consent to be searched under an exception to the warrant requirement;
2. Exigent circumstances require immediate action by law enforcement; or
3. An officer reasonably expects that he or she or any other person is in danger of physical injury or that there is an imminent risk of damage to property, or to forestall the imminent escape of a suspect or the imminent potential destruction of evidence.
(L.L. 2018/056, 1/19/2018, eff. 5/19/2018; Am. L.L. 2024/020, 1/20/2024, eff. 7/1/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/056.
a. Definitions. As used in this section, the following terms have the following meanings:
Assigned detective. The term "assigned detective" means a detective employed by the department who is leading the investigation of a particular crime.
Law enforcement activity. The term "law enforcement activity" means any of the following activities when conducted by an officer:
1. Noncustodial questioning of individuals suspected of criminal activity;
2. Pedestrian stops where an officer has an individualized, reasonable suspicion that the person stopped has committed, is committing, or is about to commit a crime and where a reasonable person would not feel free to end the encounter at will;
3. Frisks;
4. Searches of persons or property, including vehicles;
5. Roadblock or checkpoint stops, including checkpoints related to enforcement of article 31 of the vehicle and traffic law, but not including planned security checks of vehicles at sensitive locations or street closures for public events or emergencies;
6. Home searches; and
7. Investigatory questioning of victims of or witnesses to crimes.
Noncustodial questioning. The term "noncustodial questioning" means the questioning of an individual during an investigation where such individual has not been detained and is free to end the encounter at will.
Officer. The term "officer" means a sworn police officer of the department.
b. During a law enforcement activity, an officer shall:
1. Identify himself or herself to the person who is the subject of such law enforcement activity by providing his or her name, rank and command;
2. Provide to such person an explanation of the reason for such law enforcement activity, unless providing such information would impair a criminal investigation;
3. Offer a business card to such person at the conclusion of any such activity that does not result in an arrest or summons, provided that where such person is a minor, the officer shall offer such business card to the minor or, if present at the scene, to a parent, legal guardian, or responsible adult, and provided further that where such activity is the first in-person investigatory questioning of victims of or witnesses to a crime, only the assigned detective for such investigation shall be required to offer such business card to such person at the conclusion of such activity;
4. Offer to provide to such person the information set forth in paragraph 1 of subdivision f on a hand-written card, when such officer does not have an adequate number of pre-printed business cards on his or her person at the time of such law enforcement activity; and
5. Offer to provide to such person the information set forth in paragraph 1 of subdivision f verbally and allow sufficient time for such person to record such information when such officer does not have an adequate number of pre-printed business cards or hand-written cards on his or her person at the time of such law enforcement activity.
c. Notwithstanding the provisions of subdivision b, an officer shall offer a business card to any person requesting identifying information, or provide such information verbally to such person and allow such person sufficient time to record such information when such officer does not have an adequate number of pre-printed business cards or hand-written cards on his or her person at the time of such law enforcement activity.
d. The department shall develop a plan to ensure that officers have an adequate number of business cards prior to engaging in any law enforcement activity and that such cards be replenished within 30 business days after such cards become unavailable. The department shall publish such plan on the department's website. No later than 24 hours after any amendment to the department's plan, the department shall update such plan on the department's website to reflect such amendment and shall conspicuously note any amended language and the effective dates of such amended language.
e. An officer shall not be required to comply with this section where:
1. Such officer is engaged in an approved undercover activity or operation, and law enforcement activity is taken pursuant to such undercover activity or operation;
2. Exigent circumstances require immediate action by such officer;
3. Such officer reasonably expects that he or she or any other person is in danger of physical injury or that there is an imminent risk of damage to property, or to forestall the imminent escape of a suspect or imminent potential destruction of evidence;
4. Such officer is conducting a security search of a person or property, including a consent search or identification check where such search or identification check is predicated upon entrance to a public building or facility, location, event, or gathering, including random security checks of backpacks and containers conducted in facilities operated by the metropolitan transportation authority, provided, however, such officer shall be required to identify himself or herself and offer a business card when such information is requested by the person who is the subject of such search or identification check; or
5. Such officer is verifying the identity of a person seeking entry to an area access to which is restricted by the department due to a public health, public safety or security concern, such as a terrorist attack or natural disaster.
f. Any business cards used by an officer to identify himself or herself to a person who is the subject of law enforcement activity shall be pre-printed and include, at a minimum:
1. The name, rank, shield number, and a space to write in the command of such officer, which shall be indicated; and
2. A phone number for the 311 customer service center and an indication that such phone number may be used to submit comments about the encounter between such officer and such person.
g. Nothing in this section or in the implementation thereof shall be construed to:
1. Restrict or limit any activity or proceeding regulated by the criminal procedure law or any other state law; or
2. Create 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. 2018/054, 1/19/2018, eff. 10/19/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/054.
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