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a. Definitions. As used in this section, the following terms have the following meanings:
Collision report. The term "collision report" means the report prepared by an employee of the department relating to the facts of an automobile collision pursuant to section 603 of the vehicle and traffic law.
Interested party. The term "interested party" means an individual named on a collision report who has provided their driver's license number, date of birth, license plate number, and license plate state of issuance to an employee of the department preparing a collision report.
b. Sharing collision reports. A collision report shall be made available online to an interested party through a single web portal located on the department's website.
(L.L. 2017/057, 3/21/2017, eff. 4/20/2017)
The department, to the extent practicable and in a manner consistent with all applicable laws and officer safety, shall offer individuals while in the department's custody and due to be arraigned within 24 hours the opportunity to obtain personal contact information that such individual may require and which is stored in such individual's personal property, provided that any member of the department who requests access to such individual's property pursuant to this section shall request access only for the purpose of obtaining such contact information and for no other purpose. The provisions of this section shall not permit a person in the department's custody and due to be arraigned within 24 hours access to such property for any purpose other than obtaining personal contact information, or to "arrest evidence" as defined in the rules of the city of New York, or to any property that constitutes relevant evidence of a crime.
(L.L. 2017/126, 7/22/2017, eff. 1/18/2018)
a. Definitions. As used in this section, the following terms have the following meanings:
Retained property. The term "retained property" means: (i) property other than U.S. currency that the department has obtained an ownership interest in; or (ii) U.S. currency that the department has obtained an ownership interest in that has been transferred to the general fund of the city, pursuant to section 14-140 either because the ownership interest in such U.S. currency has been waived or forfeited, or because such U.S. currency remains unclaimed after the applicable legal period for claiming such U.S. currency has expired.
Seized property. The term "seized property" means property over which the property clerk of the department has obtained custody pursuant to section 14-140, the ownership of which has not been adjudicated, that is held for safekeeping, as arrest evidence, for forfeiture or as investigatory evidence.
b. Report. On or before July 1, 2019, the department shall post on the department's website a report providing data on seized property and retained property pursuant to this section for the preceding six months. Beginning on March 1, 2020 and every March 1 thereafter, the department shall post on the department's website an annual report providing data on seized property and retained property pursuant to this section for the preceding calendar year, which shall include the following:
1. The total amount of seized property in the form of U.S. currency, disaggregated by:
(a) The dollar amount of such U.S. currency classified and held for safekeeping, disaggregated by the borough, police precinct and month in which such property was vouchered, noting the dollar amount returned to claimants;
(b) The dollar amount of such U.S. currency classified and held as arrest evidence, disaggregated by the borough, police precinct and month in which such property was vouchered, noting the dollar amount returned to claimants;
(c) The dollar amount of such U.S. currency held for forfeiture, disaggregated by the borough, police precinct and month that such property was vouchered, noting the dollar amount returned to claimants;
(d) The dollar amount of such U.S. currency held as investigatory evidence, disaggregated by the borough, police precinct and month that such property was vouchered, noting the dollar amount returned to claimants;
(e) The dollar amount of such U.S. currency that has become property retained by the department after a settlement agreement entered into between the department and claimants for such currency;
(f) The dollar amount of such U.S. currency that has become property retained by the department after a judgment in a civil forfeiture proceeding;
(g) The dollar amount of such U.S. currency returned by the department to the claimant following a dismissal, judgment, or settlement in a civil forfeiture proceeding pursuant to section 14-140; and
(h) The dollar amount of such currency that has become retained property because no person retrieved such currency;
2. The total number of seized property items in the form of registered motor vehicles, disaggregated by:
(a) The number of such vehicles classified and held for safekeeping, disaggregated by the borough, police precinct and the month that such property was vouchered, and the number of such vehicles returned to claimants;
(b) The number of such vehicles classified and held as arrest evidence, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(c) The number of such vehicles classified and held for forfeiture, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(d) The number of such vehicles classified and held as investigatory evidence, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(e) The number of such vehicles that have become property retained by the department after a settlement or judgment in a civil forfeiture proceeding;
(f) The number of such vehicles that have become property retained by the department because no person retrieved such vehicle within the applicable legal period;
(g) The revenue generated by liquidation of such vehicles that have become retained property, the number of such vehicles liquidated and the entity contracted to liquidate such vehicles on behalf of the department; and
(h) The number of such vehicles that were returned by the department to vehicle claimants following a dismissal, judgment, or settlement in a civil forfeiture proceeding pursuant to section 14-140;
3. The number of the following other items of seized property:
(a) Cellular telephones, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of such telephones returned to the claimant or their designee;
(b) Clothing items, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of clothing items returned to the claimant or their designee;
(c) Wallets, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of wallets returned to the claimant or their designee;
(d) Sets of keys, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of sets of keys returned to the claimant or their designee;
(e) Identification documents, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of identification documents returned to the claimant or their designee; and
(f) Non-perishable peddler property items, as designated by the property clerk, that are not illegal contraband, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of peddler property items returned to the claimant or their designee;
4. For the property specified in paragraphs 1, 2 and 3 of this section that is returned during the reporting period, and to the extent such information is available, further disaggregation by:
(a) The number of claimants or their designees who retrieved their property within six months of its seizure;
(b) The number of claimants or their designees who retrieved their property between six months and up to one year of its seizure;
(c) The number of claimants or their designees who retrieved their property between one year and up to two years of its seizure;
(d) The number of claimants or their designees who retrieved their property between two years and up to three years of its seizure; and
(e) The number of claimants or their designees who retrieved their property three years or more after its seizure;
5. The revenue generated by liquidation of retained property, other than registered motor vehicles and U.S. currency, and the entity contracted to liquidate such property on behalf of the department;
6. The amount of U.S. currency obtained by the department through disbursement from the district attorney pursuant to state forfeiture laws; and
7. The amount of U.S. currency obtained by the department through disbursement from the department of justice pursuant to federal forfeiture laws.
c. The reports produced pursuant to this section shall be stored permanently, and shall be accessible from the department's website in a format that permits automated processing.
(L.L. 2017/131, 8/8/2017, eff. 8/8/2017 and 1/1/2019)
The department shall make best efforts to provide records necessary to rectify erroneous criminal records related to voided arrests within three business days of the request for such records, provided that such request includes sufficient information for the department to identify such arrest and such records are in the custody of the department. For the purpose of this section, the term "voided arrest" means any instance in which the department forwards fingerprints of an individual pursuant to section 160.20 of the criminal procedure law, and the department does not refer such individual for criminal prosecution pursuant to section 140.20 of the criminal procedure law.
(L.L. 2018/021, 12/31/2017, eff. 1/30/2018)
a. The term "clearance rate" means the number of specific crimes where at least one person has been arrested, not including voided arrests, divided by the total number of such crimes reported.
b. 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 a report for each borough, of the clearance rate for the following crimes:
1. Homicide as defined in article 125 of the penal law;
2. Rape as defined in article 130 of the penal law;
3. Robbery as defined in article 160 of the penal law;
4. Felony assault as defined in article 120 of the penal law;
5. Burglary as defined in article 140 of the penal law;
6. Grand larceny as defined in article 155 of the penal law; and
7. Grand larceny involving the theft of a motor vehicle as defined in article 155 of the penal law.
(L.L. 2018/042, 1/11/2018, eff. 1/11/2018)
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)
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