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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.
a. The commissioner shall submit to the council within twenty-five days of the end of each quarter and post to the department's website five days thereafter, a report on the number of enforcement actions for marijuana possession as defined in sections 221.05, 221.10 and 221.15 of the New York state penal law, disaggregated by:
1. the number of arrests; and
2. the number of criminal summonses issued.
b. The information required pursuant to subdivision a of this section shall be listed in total and disaggregated by:
1. offense;
2. race;
3. gender;
4. age, disaggregated by year for the age of 20 and under, and by age group as follows: 21 to 24 years old, 25 to 34 years old, 35 to 65 years old, and over 65;
5. borough in which the enforcement action was taken; and
6. the patrol precinct, housing police service area, and transit district in which the enforcement was taken.
(L.L. 2018/090, 4/22/2018, eff. 6/21/2018)
a. For the purpose of this section, the following terms have the following meanings:
Officer. The term "officer" has the same meaning as defined under section 14-174.
Opioid antagonist. The term "opioid antagonist" means naloxone, narcan or other medication approved by the New York state department of health and the federal food and drug administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the human body.
b. Beginning with the calendar quarter starting on January 1, 2019, the commissioner shall submit to the speaker of the council and the department of health and mental hygiene, within 25 days of the end of each quarter and post to the department's website five days thereafter, a report relating to opioid antagonists, which shall include:
1. The number of opioid antagonists the department has available for use in reversing the effects of a heroin or opioid overdose, disaggregated by patrol borough;
2. The number of officers trained in the department to administer opioid antagonists to overdose victims, disaggregated by patrol borough; and
3. The number of times in the quarter that an officer administered an opioid antagonists to an overdose victim, disaggregated by patrol borough and by the way in which the opioid antagonist was administered to such overdose victim, such as by syringe injection or nasal atomizer. Such number shall be expressed in both absolute terms and as a percentage of all administrations.
c. The report created pursuant to this section shall be provided within 30 days of the end of the quarter to which the report corresponds. Where necessary, the department may use preliminary data to prepare the required report. If preliminary data is used, the department shall include an acknowledgment that such preliminary data is non-final and subject to change.
(L.L. 2018/130, 6/26/2018, eff. 8/25/2018)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Harassment. The term "harassment" means harassment, as defined under article 240 and consistent with the provisions of article 485 of the New York penal law, directed at a victim because of a belief or perception regarding the gender or sexual orientation of such victim, regardless of whether such belief or perception is correct.
Interactive training. The term "interactive training" means participatory teaching whereby the trainee is engaged in a trainer-trainee interaction, use of audio-visuals, computer or online training program or other participatory forms of training as determined by the commissioner. Such "interactive training" is not required to be live or facilitated by an in-person instructor.
Sexual assault. The term "sexual assault" means conduct defined under article 130 of the New York penal law.
Survivor. The term "survivor" means any person who has been the victim of harassment or sexual assault.
b. Training.
1. New recruits. All new department recruits shall receive in person sensitivity training for responding to survivors of harassment and sexual assault as part of their academy training. The training shall be sensitive to cultural differences, gender, gender expression, and sexual orientation, and shall include a demonstration of proficiency in responding to survivors.
2. Ongoing training. All uniformed members of the department whose responsibilities include routinely interacting with victims of crime, shall receive interactive training, on a biennial basis, to assist them in responding to survivors of harassment and sexual assault.
(L.L. 2018/189, 12/1/2018, eff. 5/30/2019)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Case management system. The term "case management system" means a digital and searchable means of tracking and monitoring investigations of the special victims division.
Identifying information. The term "identifying information" means any information that directly or indirectly identifies the victim of a crime.
Special victims division. The term "special victims division" means any division, unit, or other entity within the department that primarily investigates the violation of article 130 of the penal law.
b. Case management system. The special victims division shall utilize a secure case management system capable of restricting access to identifying information to individuals who require such access in furtherance of their official functions. Such system shall be capable of creating a record in every instance a member of the department accesses a special victims division case.
c. The department shall conduct quarterly random audits of the case management system to ensure the security of such system. Such audit shall include a review of all individuals outside of the special victims division who have accessed special victims division case files during the previous quarter. The department shall report the results of the audit to the council within 60 days of the end of each quarter.
(L.L. 2018/192, 12/1/2018, eff. 3/1/2019)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Case type. The term "case type" means the most serious offense committed, in the following types: a felony offense committed by an individual unknown to the victim, a felony offense committed by an individual known to the victim, a misdemeanor offense committed by an individual unknown to the victim, or a misdemeanor offense committed by an individual known to the victim.
Special victims division. The term "special victims division" means any division or other entity within the department that primarily investigates alleged violations of article 130 of the penal law.
Special victims investigator. The term "special victims investigator" means any member of the department whose primary duties include investigating sexual crimes and who regularly interacts with the victims of sexual crimes.
Unit. The term "unit" means any unit, squad, division or other means of allocating work within the special victims division.
b. Beginning January 31, 2019, and every January 31 thereafter, the commissioner shall prepare a report on staffing for the special victims division for the previous year. Such report shall be sent to the council, and posted on the department's website and shall include the following information:
1. Factors that the department utilized in determining staffing for the special victims division.
2. The number of cases referred to the special victims division in total and disaggregated by case type and unit, and also disaggregated by borough and further disaggregated by unit and further disaggregated by case type.
3. The number of special victims investigators, in total and disaggregated by borough, unit, and rank including detective grade.
4. The average number of cases assigned to each special victims investigator, in total and disaggregated by case type, and disaggregated by borough and further disaggregated by unit and further disaggregated by case type.
c. Nothing in this section shall be construed to affect the authority or materially impede the ability of the department to determine the staffing for the special victims division or the factors or information utilized in such determination.
(L.L. 2018/193, 12/1/2018, eff. 12/1/2018)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Sexual crimes. The term "sexual crimes" means any offense in article 130 of the penal law.
Special victims division. The term "special victims division" means any division, unit, or other entity within the department that primarily investigates the violation of article 130 of the penal law.
Special victims investigator. The term "special victims investigator" means any member of the department whose primary duties include investigating sexual crimes and who regularly interacts with the victims of sexual crimes.
b. Special victims training program. The department, after considering information from outside experts, shall develop and implement a victim-centered special victims training program designed to develop skills related to the investigation of sexual crimes and the specific needs of victims of sexual crimes. The curriculum shall consider nationally recognized best practices and factors contributing to the additional complexity of sexual assault investigations including the depth of victimization, the negative social consequences of sexual assault, the trauma and neurobiological damage inflicted by sexual assault, the complexity of victim management, the falsity or partially truthful disclosure of complaints, the large unreported rate of sexual assaults and any other training deemed relevant to sexual assault cases by the commissioner. Such program shall include the following training components: the Forensic Experiential Trauma Interview method, specialized investigative training for sexual assault cases including non-stranger sexual assault and controlled communications, district attorney based training related to legal evidentiary standards and penal law article 130 crimes, Sexual Assault Forensic Examiner training, Sex Offender Registration Act training, hospital based training, victim advocate based training and any other training courses currently offered by the NYPD for special victims investigators including but not limited to DNA evidence, investigation of complex cases, drug-facilitated sexual assault, neurobiology of sexual assault, rape crisis counselor training, peer based investigative process training, abusive head trauma training and any other training deemed relevant to sexual assault cases 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 comprehensive victim-centered training. Such program shall include a proficiency examination or demonstration for each training component and shall be of a length the commissioner determines is sufficient to ensure that special victims investigators are capable of utilizing such skills.
c. Training requirement. All newly assigned special victims investigators shall complete the special victims training program defined in subdivision b of this section and demonstrate proficiency in subject matters covered by such program prior to engaging with victims of sexual crimes, however, such investigators may engage with victims prior to completion of such program if such engagement is under the supervision of an experienced investigator, or supervisor, or in circumstances where no experienced investigator or supervisor is available. Any special victims investigators assigned to the special victims division as of the effective date of the local law that added this section must demonstrate proficiency in subject matters covered by such program within one year of such date.
d. Special victims division training report. On January 30, 2020, and every January 30 thereafter, the department shall post on its website a report indicating the training components of the special victims training program defined in subdivision b of this section including the instructors, purpose, length, and format of each training component, the specific reasons for eliminating or replacing any training component, and the number of members of the service during the previous calendar year that: (i) participated in such program, (ii) failed to demonstrate proficiency required pursuant to subdivision c of this section on their first attempt, disaggregated by subject matter, and (iii) successfully demonstrated proficiency on all subject matters required pursuant to subdivision c of this section. Such report shall also include any experts consulted pursuant to subdivision b of this section in developing such training.
(L.L. 2018/194, 12/1/2018, eff. 6/1/2019)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Caregiver. The term "caregiver" means any individual responsible for the well-being of a child, including but not limited to a parent, legal guardian, relative, or other individual supervising a child.
Displaying. The term "displaying" means removing from a holster or utility belt.
Partner organization. The term "partner organization" means an agency or non-profit organization with the capacity to safeguard a child from potential trauma and minimize the effects of trauma to a child of an incarcerated parent.
Trauma. The term "trauma" means an experience that results from an event, series of events, or set of circumstances that are physically or emotionally harmful or threatening to an individual and that has lasting adverse effects on such individual's functioning and physical, mental, social, emotional, or spiritual well-being.
b. The department shall develop guidance for its officers with respect to the arrest of a caregiver in the presence of such caregiver's child and post such guidance on the department's website. Such guidance shall be designed to reduce the traumatic impact that the arrest of a caregiver may have on a child, and include the following:
1. Promptly ascertaining whether a child is present, relying on all available information including any information received from emergency call operators and any indications at the scene of arrest that a child may be present.
2. Only displaying firearms and other weapons within the sight of a child when necessary and consistent with departmental policy and officer safety.
3. Handcuffing and questioning an arrested caregiver in a location outside the presence of the sight and hearing of a child of such caregiver.
4. Reasonably avoiding the use of force to physically separate a child from the arrested caregiver.
5. Providing an arrested caregiver the opportunity to speak with a child who is present, prior to such caregiver being transported to a police facility. If such an opportunity is not practicable, having a police officer explain to such child, using age appropriate language, that that such child did nothing wrong and that the child will be safe and cared for.
6. Providing objects that provide comfort to the child of an arrested caregiver, such as toys, clothing, blankets, photographs, or food.
7. Ascertaining any medical, behavioral, or psychological conditions or required treatments of the child of an arrested caregiver and securing any required medication for such child.
8. Permitting an arrested caregiver a reasonable opportunity, including providing access to telephone numbers stored in a mobile telephone or other location, to make alternate arrangements for the care of a child, including a child who is not present at the scene of the arrest, and to provide the department or a partner organization with contact information of a preferred alternate caregiver.
9. When an alternate caregiver is unable to arrive at the scene of arrest within a reasonable amount of time, making a referral to a partner organization or bringing the child to the borough's child advocacy center. If no alternate caregiver is identified or the identified caregiver does not arrive in a reasonable amount of time, or if the child advocacy center or partner organization is unavailable, notifying the New York state central register of the office of children and family services and notifying the administration for children's services borough field office or the administration for children's services' emergency children's services program or its equivalent.
10. Not notifying the administration for children's services and the state central register of the office of children and family services unless required by law.
11. After arrest and prior to arraignment in a criminal court, affording arrested caregivers adequate opportunities to make phone calls to check on the status and well-being of a child.
12. After an arrest and prior to arraignment in a criminal court, offering to make a referral to a partner organization that could provide appropriate services to the child and, with the caregiver's consent, making such referral.
c. Training. The department shall ensure that police officers whose duties include routine daily interaction with the public receive training in accordance with subdivision b of this section within one year of the date this law takes effect. Such training shall be developed with input from an outside entity with expertise in child and youth development.
d. Reporting. Within 30 days of January 1, 2020, January 1, 2021, and January 1, 2022, the department shall submit to the speaker of the council and post on its website a report on the number of instances requiring a referral to a partner organization or transportation of the child to a child advocacy center pursuant to paragraph 9 of subdivision b of this section.
(L.L. 2019/166, 9/14/2019, eff. 3/14/2020 and 3/14/2021*)
* Editor's note: Pursuant to Section 2 of L.L. 2019/166, paragraph 12 of subdivision b is effective 3/14/2021.
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