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a. As used in this section, the term "member of the auxiliary police" shall mean and include only a volunteer who is a duly enrolled member in good standing of the auxiliary police which the city is authorized to recruit by subdivision five of section twenty-three of the New York state defense emergency act, as enacted by chapter seven hundred eighty-four of the laws of nineteen hundred fifty-one, and who is not within the coverage of the workers' compensation law pursuant to group seventeen of subdivision one of section three of the workers' compensation law.
b. Pursuant to the authorization contained in group nineteen of subdivision one of section three of the workers' compensation law the coverage of the workers' compensation law is hereby extended to the activities of any member of the auxiliary police during any period which such member is actually engaged in auxiliary police activities duly authorized by regulation or order issued pursuant to the New York state defense emergency act including any such activities as may be prescribed by the commissioner of the city pursuant to such regulation or order, such coverage shall extend to such member of the auxiliary police, but only to the extent that such member is not, as to any such activities, covered by article ten of the workers' compensation law.
a. Legislative intent. In the public interest and under the powers granted by the charter to the council to enact legislation for the good and welfare of the citizens of New York, it is the intent of the council by this legislation to attract more men and women to serve as auxiliary police. These men or women are trained by our regular police forces and are similarly uniformed and equipped except that they do not carry guns. The appearance on the streets of many men or women wearing the police uniform, in precincts where auxiliary police are active, has done much to reduce the crime rates in those areas. Auxiliary police serve without pay as civic minded citizens. Their presence in uniform on the streets serves to release regular uniformed police for patrol duty and lessens the neighborhood fear of crime. Auxiliary police patrol in pairs and by radio can summon instant assistance from the regular police should they encounter a situation which they have not been trained to handle. Their presence on the streets makes for good community relations between the citizens and the regular police. It is small repayment for the valuable services they render to provide them with a uniform allowance.
b. Allowance. Duly enrolled members in good standing of the auxiliary police, upon successful completion of training, shall receive an initial allowance not to exceed two hundred fifty dollars towards the initial purchase of uniforms and accessories for same, including care and maintenance. The amount of such allowance shall be determined by the police commissioner and shall not exceed the actual costs incurred for such uniforms and accessories including care and maintenance. Such members other than those receiving such initial allowance in the then current or preceding fiscal year, shall be eligible for an allowance towards the purchase of uniforms and accessories for same, including care and maintenance to be awarded to each such member who shall otherwise qualify in accordance with the provisions of this subdivision. The commissioner shall determine the amount of the allowance to be awarded based on but not limited to the member's participation, hours of service, expense incurred in maintaining uniforms and equipment and such other facts deemed pertinent by the commissioner. Payments shall be made for the preceding fiscal year after certification by the commanding officer of the auxiliary forces section to the police commissioner of such facts as the commissioner may deem pertinent to enable him or her to make his or her determination.
c. Auxiliary police not to be members of regular police force. Notwithstanding the provisions of this section nothing contained therein shall be construed to constitute such auxiliary police officers members of the regular police force or to entitle them to the privileges and benefits of the regular police force or to become members of the police pension funds.
a. Definitions. For the purposes of this section, the following terms shall be defined as follows:
(i) "Call" shall mean a telephone call to the 911 emergency assistance system.
(ii) "Incident" shall mean an event which results in the response of a police unit as a result of a call to the 911 emergency assistance system, regardless of the number of calls made with respect to such incident.
(iii) "Police unit" shall mean a radio motor patrol unit, patrol officer or other police department personnel.
(iv) "Dispatch time" shall mean the interval of time between the time the information received by the 911 telephone operator is entered into the 911 emergency assistance system and the assignment of a police unit to the scene of the incident.
(v) "Travel time" shall mean the interval of time between the assignment of a police unit and the arrival of the first police unit at the scene of the incident.
(vi) "Response time" shall mean the sum of dispatch time and travel time.
(vii) "Disposition" shall mean a police unit's report to the 911 emergency assistance system on its response to an assignment that has resulted from a call or incident.
b. The New York city police department shall submit to the city council an operational time analysis report summarizing departmental performance with respect to calls to the 911 emergency assistance system. Such report shall include the following information:
1. The aggregate number of calls on a citywide and borough-wide basis.
2. The aggregate number of incidents.
3. The aggregate number of incidents where the dispatcher has received a disposition from a police unit.
4. The aggregate number of incidents involving a report of a crime in progress.
5. The aggregate number of incidents involving a report of a crime in progress resulting in the dispatch of a police unit where the dispatcher received confirmation of a police unit's arrival at the scene of the incident.
6. The average dispatch time, travel time and response time for all police units responding to incidents involving a report of a crime in progress.
7. The aggregate number of incidents involving a report of a crime in progress in each of the following categories:
(i) those for which response time was no greater than ten minutes;
(ii) those for which response time was greater than ten minutes but no more than twenty minutes;
(iii) those for which response time was greater than twenty minutes but no more than thirty minutes;
(iv) those for which response time was greater than thirty minutes but no more than one hour; and
(v) those for which response time was greater than one hour.
c. The data contained in the 911 operational time analysis report required by paragraphs two through seven of subdivision b of this section shall be provided on a citywide, borough-wide, precinct-by-precinct and tour-by-tour basis. The 911 operational time analysis report shall be submitted to the council quarterly. In addition, the data contained in such report shall be incorporated in the mayor's preliminary and final management reports. Notwithstanding any other provision of law, the operational time analysis report required by subdivision b to be submitted to the council is not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and is not required to be made available to the public on or through the department of records and information services' web site, or its successor's web site.
a. The New York City Police Department shall submit to the city council, and post on its website in a machine-readable format, on a quarterly basis the following data and reports:
1. A report detailing the number of uniformed personnel and civilian personnel assigned to each and every patrol borough and operational bureau performing an enforcement function within the police department, including, but not limited to, each patrol precinct, housing police service area, transit district and patrol borough street crime unit, as well as the narcotics division, fugitive enforcement division and the special operations division including its subdivisions, but shall not include internal investigative commands and shall not include undercover officers assigned to any command. Such report shall also include, for each school operated by the department of education to which school safety agents are assigned, the number of school safety agents, averaged for the quarter, assigned to each of those schools.
2. A crime status report. Such report shall include the total number of crime complaints (categorized by class of crime, indicating whether the crime is a misdemeanor or felony) for each patrol precinct, including a subset of housing bureau and transit bureau complaints within each precinct; arrests (categorized by class of crime, indicating whether the arrest is for a misdemeanor or felony) for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; summons activity (categorized by type of summons, indicating whether the summons is a parking violation, moving violation, environmental control board notice of violation, or criminal summons) for each patrol precinct, housing police service area and transit district; domestic violence radio runs for each patrol precinct; average response time for critical and serious crimes in progress for each patrol precinct. Such report shall also include the total number of complaints of all sex offenses as defined in article 130 of the New York state penal law, in total and disaggregated by the following offenses: rape as defined in sections 130.25, 130.30, and 130.35; criminal sexual act as defined in sections 130.40, 130.45, and 130.50; misdemeanor sex offenses as defined in sections 130.20, 130.52, 130.55, and 130.60; sexual abuse as defined in sections 130.65, 130.65-a, 130.66, 130.67, and 130.70; course of sexual conduct against a child as defined in sections 130.75 and 130.80; and predatory sexual assault as defined in sections 130.95 and 130.96. Such report shall also include the total number of major felony crime complaints for all properties under the jurisdiction of the department of parks and recreation.
3. A report based on the information provided in the department's Stop, Question and Frisk Report Worksheet and any successor form or worksheet. Such report shall include the number of stop, question and frisks for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a breakdown of the number of stop, question and frisks by race and gender for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; the number of suspects arrested or issued a criminal or civil summons as indicated on each stop, question and frisk report for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a breakdown by race and gender of the suspects arrested or issued a criminal or civil summons as indicated on each stop, question and frisk report for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a listing, by category, of the factors leading to the stop, question and frisk for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division, with a breakdown by race and gender for each listed factor; and a summary of complaints of violent felony crime for each patrol precinct, with a breakdown by race and gender of the suspect as identified by the victim.
4. A report on overtime spending that shall include:
(a) The amount of overtime spending for each patrol borough and operational bureau performing an enforcement or investigative function within the department, including but not limited to, each patrol precinct, housing police service area, transit district, narcotics division, fugitive enforcement division, and the special operations division, including its subdivisions, but not including internal investigative commands nor undercover officers assigned to any command. Such information shall be further disaggregated by the amount of overtime spending for each of the following categories: parades; protests or demonstrations; street fairs; sports or entertainment events; any other planned events; any unplanned events; supplemental patrol; investigative work; arrests; training; and any other category as determined by the department, further disaggregated by ranks of officers.
(b) A list of all such planned and unplanned events, including but not limited to, parades, protests or demonstrations, street fairs, and sports or entertainment events, and for each such event, the total amount of overtime spending and overtime hours for such event, disaggregated by ranks of officers; the numbers of officers assigned to the event, disaggregated by ranks of officers; and the average number of overtime hours required for each such officer assigned to the event, disaggregated by ranks of officers; and
(c) The total number of overtime hours for uniformed personnel projected by the department for the upcoming quarter in each precinct, disaggregated by the number of such hours projected for each of the following categories: parades; protests or demonstrations; street fairs; sports or entertainment events; any other planned events; any unplanned events; supplemental patrol; investigative work; arrests; training; and any other category as determined by the department.
5. A report of the number of firearms, including ghost guns and firearms created using a three-dimensional printer, or any piece or part thereof, possessed in violation of law that have been seized, disaggregated by precinct and type of firearm. Such report shall also include, disaggregated by precinct: (i) the number of arrests made and type of crimes charged involving firearms possessed in violation of law, including arrests for the distribution and sale of such firearms; and (ii) the total number and type of firearms recovered in the course of arrests made.
b. The New York city police department shall submit to the city council and post on its website on an annual basis a firearms discharge report, which shall include, but need not be limited to, the following information for the prior year:
1. The number of firearms incidents disaggregated by (i) day of week; (ii) tour; (iii) borough; (iv) month; (v) precinct; (vi) number of incidents that occurred outside New York city; and (vii) on-duty or off-duty status of officer.
2. The total number of firearms incidents for the year of the report and the year preceding the report, as well as the percentage change between the two years, and disaggregated by (i) intentional discharge – adversarial conflict; (ii) intentional discharge – animal attack; (iii) unintentional discharge; and (iv) unlawful use of firearm.
3. For all firearms incidents for the year of the report and the year preceding the report, both the raw number for each year and the percentage change between the two years, for each of the following categories (i) the total number of officers firing; (ii) the total number of shots fired; (iii) the total number of officers shot and injured by a subject; (iv) the total number of officers shot and killed by a subject; (v) the total number of subjects shot and injured by an officer; and (vi) the total number of subjects shot and killed by an officer.
4. The number of intentional firearms incidents disaggregated by incidents in which (i) a subject used or threatened the use of a firearm; (ii) a subject used or threatened the use of a cutting instrument; (iii) a subject used or threatened the use of a blunt object; (iv) a subject used or threatened the use of overwhelming physical force; (v) an officer perceived a threat of other deadly physical force; (vi) a dog attack was involved; and (vii) an attack by an animal other than a dog was involved.
5. The number of firearms incidents disaggregated by (i) unintentional discharge during adversarial conflict; (ii) unintentional discharge while handling a firearm; (iii) suicide; (iv) unlawful intentional discharge; and (v) unauthorized person discharging officer's firearm.
6. For each firearms incident determined to fall within the category of Intentional Discharge – Adversarial Conflict: (i) an indication of whether or not a firearm was fired by a subject; (ii) an indication of whether the subject used or threatened the use of a firearm, subject used or threatened the use of a cutting instrument, subject used or threatened the use of a blunt object, subject used or threatened the use of overwhelming physical force, or an officer perceived threat of other deadly physical force; (iii) whether or not the weapon possessed or used by a subject or subjects is known, and if known, the type of weapon used or possessed by the subject; (iv) the total number of officers who fired; (v) the total number of shots fired by officers; (vi) the number of shots fired per officer; (vii) the objective completion rate of the incident; (viii) the number of subjects; and (ix) for each subject, the age, race and gender of the subject.
7. A synopsis of each firearms incident resulting in the death of either a subject or an officer.
8. For purposes of this section, the following terms shall have the following meanings:
(a) "firearms incident" means any incident during which one or more New York city police officers discharge any firearm, or when a firearm belonging to a New York city police officer is discharged by any person, except for a discharge during an authorized training session, or while lawfully engaged in target practice or hunting, or at a firearms safety station within a department facility;
(b) "subject" means a person engaged in adversarial conflict with an officer or third party, in which the conflict results in a firearms discharge;
(c) "civilian" means a person who is not the subject in the adversarial conflict but is included as a victim, bystander, and/or injured person;
(d) "officer" means a uniformed member of the department, at any rank;
(e) "intentional firearms discharge" means a firearms discharge in which an officer intentionally discharges a firearm, which may include firearms discharges that are determined to be legally justified but outside department guidelines;
(f) "adversarial conflict" means an incident in which an officer acts in defense of self or another during an adversarial conflict with a subject and does not include an animal attack or situations in which an officer only intentionally discharges a firearm to summon assistance;
(g) "unintentional firearms discharge" means a firearms discharge in which an officer discharges a firearm without intent, regardless of the circumstance, commonly known as an accidental discharge;
(h) "unauthorized use of a firearm" means a firearms discharge that is considered unauthorized and is not listed as an intentional firearms discharge, is being discharged without proper legal justification, and includes instances when an unauthorized person discharges an officer's firearm;
(i) "frame or receiver" means a part of a firearm that provides housing for the hammer, bolt or breechblock, and firing mechanism, and that is usually threaded at its forward portion to receive the barrel;
(j) "ghost gun" means any firearm that is assembled from a frame or receiver that has been marketed or sold, either individually or as part of a kit, as an unfinished frame or receiver that could be used to assemble a firearm;
(k) "three-dimensional printer" means a computer-driven machine capable of producing a three-dimensional object from a digital model by adding layers of material in succession; and
(l) "unfinished frame or receiver" means a piece of any material that does not constitute the frame or receiver of a firearm but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm with modification by the user.
c. Notwithstanding any other provision of law, the information, data and reports requested in subdivisions a and b shall be provided to the council and posted on the department’s website, and may be transmitted in electronic format to the department of records and information services, or its successor agency, except where disclosure of such material could compromise the safety of the public or police officers or could otherwise compromise law enforcement operations. Notwithstanding any other provision of law, the information, data and reports requested in subdivision f are not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and are not required to be made available to the public on or through the department of records and information services' web site, or its successor's web site, and are not required to be provided to the council where disclosure of such materials could compromise the safety of the public or police officers or could otherwise compromise law enforcement operations. These reports shall be provided to the council within 30 days of the end of the reporting period to which the reports correspond or for which the relevant data may be collected, whichever is later. Where necessary, the department may use preliminary data to prepare the required reports and may include an acknowledgment that such preliminary data is non-final and subject to change.
d. The New York city police department shall submit to the speaker of the council, the governor, the temporary president of the state senate and the speaker of the state assembly and post on its website annually a report detailing the total number of criminal complaints and arrests, categorized by class of crime, for violent felony offenses as defined in section 70.02 of the penal law, assault and related offenses as defined in article one hundred twenty of the penal law, sex offenses as defined in article one hundred thirty of the penal law, disorderly conduct as defined in section 240.20 of the penal law, harassment as defined in section 240.25 and 240.26 of the penal law, aggravated harassment as defined in section 240.30 and 240.31 of the penal law, and offenses against public sensibilities as defined in article two hundred forty-five of the penal law, where the conduct occurs on subway lines and bus routes operated by the New York city transit authority or the Staten Island rapid transit operating authority, specifying where such criminal conduct has occurred by police precinct, including specific subway line, subway transit division, and bus route operated by the New York city transit authority or the Staten Island rapid transit operating authority. Such report shall contain a separate tabulation for employees of the authority, passengers and other non-employees. Such report shall specify which bus routes had the greatest number of criminal complaints and arrests. Such statistics shall be tabulated on a monthly basis and on an annual basis and shall be maintained and transmitted in an electronic format to the department of records and information services, or its successor agency, and be made available to the public on or through the department of records and information services' website, or its successor's website. Such statistics shall be first made available on such website ninety days after the effective date of this subdivision and shall be updated on at least a monthly basis thereafter.
e. Report on domestic violence factors.
1. For the purposes of this subdivision, the following terms have the following meanings:
Chronic domestic violence case. The term "chronic domestic violence case" means crimes determined by the department to be related to domestic violence that involve a chronic offender.
Chronic offender. The term "chronic offender" means a perpetrator who has been arrested three or more times in an 18-month period for a crime determined by the department to be related to domestic violence.
Domestic violence. The term "domestic violence" means any crime as determined by the department, not including those done in self-defense, when committed against a family or household member as determined by the department.
Perpetrator. The term "perpetrator" means a person who has or who is alleged to have committed domestic violence.
2. Beginning June 1, 2019 and annually thereafter, the department shall submit to the mayor and speaker of the council and shall post on its website, an annual report regarding certain domestic violence initiatives, indicators, and factors in the city. Such report shall include, but need not be limited to the following:
(a) The total number of domestic violence complaints, disaggregated by precinct;
(b) The total number of chronic domestic violence complaints, disaggregated by borough;
(c) The total number of domestic violence offenders, disaggregated by precinct;
(d) The total number of chronic offenders, disaggregated by precinct;
(e) The scope of outreach efforts by the department to victims of domestic violence in cases where a perpetrator violates an order of protection issued by a court of competent jurisdiction; and
(f) Any other interventions by the department that relate to domestic violence.
f. Reports to the council. Each quarter the department shall provide to the speaker of the council:
1. All academy, in-service, roll-call and other specialized department training materials and amendments thereto distributed to cadets, recruits, officers and other employees of the department, except where disclosure of such material would reveal non-routine investigative techniques or confidential information or where disclosure could compromise the safety of the public or police officers or could otherwise compromise law enforcement investigations or operations.
2. A report of the number of positions that are civilianizable, including a listing of each such position by job title, and the number of such positions that were civilianized. For purposes of this subdivision, the term “civilianizable” means any position that does not require uniformed expertise.
(Am. 2015 N.Y. Laws Ch. 565, 12/21/2015, eff. 12/21/2015; Am. L.L. 2016/071, 6/13/2017, eff. 6/13/2016 and 6/13/2017; Am. L.L. 2016/108, 9/28/2016, eff. 10/28/2016; Am. L.L. 2016/129, 10/31/2016, eff. 1/29/2017; Am. L.L. 2019/038, 2/24/2019, eff. 2/24/2019; Am. L.L. 2019/186, 10/26/2019, eff. 10/26/2019; Am. L.L. 2024/029, 1/20/2024, eff. 7/1/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/114 and L.L. 2016/071.
a. Definitions. As used in this section, the following terms have the following meanings:
1. "Bias-based profiling" means an act of a member of the force of the police department or other law enforcement officer that relies on actual or perceived race, national origin, color, creed, age, immigration or citizenship status, gender, sexual orientation, disability, or housing status as the determinative factor in initiating law enforcement action against an individual, rather than an individual's behavior or other information or circumstances that links a person or persons to suspected unlawful activity.
2. "Law enforcement officer" means (i) a peace officer or police officer as defined in the Criminal Procedure Law who is employed by the city of New York; or (ii) a special patrolman appointed by the police commissioner pursuant to section 14-106 of the administrative code.
3. The terms "national origin," "gender," "disability," "sexual orientation," and "immigration or citizenship status" shall have the same meaning as in section 8-102 of the administrative code.
4. "Housing status" means the character of an individual's residence or lack thereof, whether publicly or privately owned, whether on a temporary or permanent basis, and shall include but not be limited to:
(i) an individual's ownership status with regard to the individual's residence;
(ii) the status of having or not having a fixed residence;
(iii) an individual's use of publicly assisted housing;
(iv) an individual's use of the shelter system; and
(v) an individual's actual or perceived homelessness.
b. Prohibition.
1. Every member of the police department or other law enforcement officer shall be prohibited from engaging in bias-based profiling.
2. The department shall be prohibited from engaging in bias-based profiling.
c. Private Right of Action.
1. A claim of bias-based profiling is established under this section when an individual brings an action demonstrating that:
(i) the governmental body has engaged in intentional bias-based profiling of one or more individuals and the governmental body fails to prove that such bias-based profiling (A) is necessary to achieve a compelling governmental interest and (B) was narrowly tailored to achieve that compelling governmental interest; or
(ii) one or more law enforcement officers have intentionally engaged in bias-based profiling of one or more individuals; and the law enforcement officer(s) against whom such action is brought fail(s) to prove that the law enforcement action at issue was justified by a factor(s) unrelated to unlawful discrimination.
2. A claim of bias-based profiling is also established under this section when:
(i) a policy or practice within the police department or a group of policies or practices within the police department regarding the initiation of law enforcement action has had a disparate impact on the subjects of law enforcement action on the basis of characteristics delineated in paragraph 1 of subdivision a of this section, such that the policy or practice on the subjects of law enforcement action has the effect of bias-based profiling; and
(ii) The police department fails to plead and prove as an affirmative defense that each such policy or practice bears a significant relationship to advancing a significant law enforcement objective or does not contribute to the disparate impact; provided, however, that if such person who may bring an action demonstrates that a group of policies or practices results in a disparate impact, such person shall not be required to demonstrate which specific policies or practices within the group results in such disparate impact; provided further, that a policy or practice or group of policies or practices demonstrated to result in a disparate impact shall be unlawful where such person who may bring an action produces substantial evidence that an alternative policy or practice with less disparate impact is available and the police department fails to prove that such alternative policy or practice would not serve the law enforcement objective as well.
(iii) For purposes of claims brought pursuant to this paragraph, the mere existence of a statistical imbalance between the demographic composition of the subjects of the challenged law enforcement action and the general population is not alone sufficient to establish a prima facie case of disparate impact violation unless the general population is shown to be the relevant pool for comparison, the imbalance is shown to be statistically significant and there is an identifiable policy or practice or group of policies or practices that allegedly causes the imbalance.
d. Enforcement.
1. An individual subject to bias-based profiling as defined in paragraph 1 of subdivision a of this section may file a complaint with the New York City Commission on Human Rights, pursuant to Title 8 of the Administrative Code of the City of New York, or may bring a civil action against (i) any governmental body that employs any law enforcement officer who has engaged, is engaging, or continues to engage in bias-based profiling, (ii) any law enforcement officer who has engaged, is engaging, or continues to engage in bias-based profiling, and (iii) the police department where it has engaged, is engaging, or continues to engage in bias-based profiling or policies or practices that have the effect of bias-based profiling.
2. The remedy in any civil action or administrative proceeding undertaken pursuant to this section shall be limited to injunctive and declaratory relief.
3. In any action or proceeding to enforce this section, the court may 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.
e. Preservation of rights. This section shall be in addition to all rights, procedures, and remedies available under the United States Constitution, 42 U.S.C. § 1983, the Constitution of the State of New York and all other federal law, state law, law of the City of New York or the New York City Administrative Code, and all pre-existing civil remedies, including monetary damages, created by statute, ordinance, regulation or common law.
(Am. L.L. 2020/058, 6/29/2020, eff. 8/28/2020)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/071.
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