Section 14-101
§ 14-101 Definitions. As used in this title the following words shall
have the following meanings:
a. "Commissioner" shall mean the commissioner of the police department
of the city.
b. "Department" shall mean the police department of the city.
Section 14-102
§ 14-102 Composition of force. Until otherwise provided by the mayor,
upon the recommendation of the commissioner, the police force in the
police department, shall consist of the following ranks of members, to
wit:
1. Captains of police, not exceeding in number one to each fifty of
the total number of police officers, in addition to the number detailed
to act as inspectors;
2. Lieutenants of police, not exceeding four in number to each fifty
of the total number of police officers;
3. Sergeants not exceeding six in number to each fifty police
officers;
4. Surgeons of police, not exceeding forty in number, one of whom
shall be chief surgeon;
5. A veterinarian;
6. Police officers to the number of seven thousand eight hundred
thirty-nine.
Section 14-103
§ 14-103 Detective bureau. a. The commissioner shall organize and
maintain a bureau for detective purposes to be known as the detective
bureau and shall, from time to time, detail to service in said bureau as
many members of the force as the commissioner may deem necessary and may
at any time revoke any such detail.
b. Of the members of the force so detailed the commissioner may
designate:
1. police officers not exceeding two hundred eighty in number, as
detectives of the first grade, who while performing duty in such bureau
and while so designated as detectives of the first grade, shall be paid
the same salary as lieutenants; and
2. a certain number of police officers, as detectives of the second
grade, who while performing duty in such bureau and while so designated
as detectives of the second grade, shall be paid the same salary as
sergeants; and a certain number of police officers as detectives of the
third grade, who while performing duty in such bureau and while so
designated as detectives of the third grade shall be paid such salary as
may be determined by the mayor. Any person who has received permanent
appointment as a police officer and is temporarily assigned to perform
the duties of a detective shall, whenever such assignment exceeds
eighteen months in duration, be appointed as a detective and receive the
compensation ordinarily paid to a detective performing such duties.
c. The commissioner may designate lieutenants as commanders of
detective squads, and sergeants as supervisors of detective squads, who
while performing duty in such bureau and while so designated as
commanders of detective squads or supervisors of detective squads shall
be paid such salary as may be determined by the mayor.
d. Any member of the force detailed to such bureau while so detailed
shall retain his or her rank in the force and shall be eligible for
promotion the same as if serving in the uniformed force, and the time
during which he or she serves in such bureau shall count for all
purposes as if served in his or her rank or grade in the uniformed
force.
e. The commissioner may at his or her pleasure revoke any designation
made pursuant to the provision of this section after complying with the
provisions of section seventy-five of the civil service law.
Section 14-104
§ 14-104 Juvenile bureau. a. There shall be a bureau in the department
organized and maintained for the prevention of crime and delinquency
among minors and for the performance of such other duties as the
commissioner may assign thereto.
b. Any member of the force assigned to such juvenile bureau shall
retain his or her rank and pay in the force and shall be eligible for
promotion as if serving in the uniformed force and the time served in
such bureau shall count for all purposes as if served in his or her rank
or grade in the uniformed force of the department.
Section 14-105
§ 14-105 Superintendent of buildings; compensation. a. There shall be
an officer to be known as superintendent of buildings, to be selected
from among the members of the uniformed force by the commissioner. He or
she shall be subject to the rules and regulations governing other
members of the force as regards promotion and otherwise. The
superintendent of buildings shall be entitled to all the benefits and
privileges extended to each member of the force with regard to a
pension, and shall not be removed or dismissed except in the manner
prescribed for other members of the force. His or her time served as
superintendent of buildings shall count as time served in such force for
pension purposes.
b. Such superintendent, under the direction of the commissioner, shall
have supervision over the maintenance of all department buildings, and
supervision over the mechanical force of the police department.
c. The salary of the superintendent of buildings shall not be less
than five thousand dollars per annum. Previous experience in
construction, repair and maintenance of buildings in the police
department shall be taken into consideration by the commissioner in the
selection of such superintendent of buildings.
Section 14-106
§ 14-106 Special patrolmen; when may be appointed. a. The
commissioner, upon an emergency or apprehension of riot, tumult, mob,
insurrection, pestilence or invasion, may appoint as many special
patrolmen without pay from among the citizens as he or she may deem
desirable.
b. Special patrolmen, appointed in pursuance of law while acting as
such special patrolmen shall possess the powers, perform the duties, and
be subject to the orders, rules and regulations of the department in the
same manner as regular members of the force. Every such special
patrolman shall wear a badge, to be prescribed and furnished by the
commissioner.
c. The commissioner, whenever expedient, may on the application of any
person or persons, corporation or corporations, showing the necessity
therefor, appoint and swear any number of special patrolmen to do
special duty at any place in the city upon the person or persons,
corporation or corporations by whom the application shall be made,
paying, in advance, such special patrolmen for their services, and upon
such special patrolmen, in consideration of their appointment, signing
an agreement in writing releasing and waiving all claim whatever against
the department and the city for pay, salary or compensation for their
services and for all expenses connected therewith; but the special
patrolmen so appointed shall be subject to the orders of the
commissioner and shall obey the rules and regulations of the department
and conform to its general discipline and to such special regulations as
may be made and shall during the term of their holding appointment
possess all the powers and discharge all the duties of the force,
applicable to regular members of the force.
d. The special patrolmen so appointed may be removed at any time by
the commissioner, without assigning cause therefor, and nothing in this
section contained shall be construed to constitute such special
patrolmen members of the force, or to entitle them to the privileges of
the regular members of the force, or to receive any salary, pay,
compensation or moneys whatever from the department or the city, or to
share in the police pension fund.
e. The commissioner, upon the application of the head of any agency,
public authority exercising jurisdiction within the city, or state
agency, may appoint and swear any number of officers or employees of
such agency or authority to do special duty at any place in the city, on
behalf of such agency. The special patrolmen so appointed shall be
subject to the orders of the commissioner and shall obey the rules and
regulations of the department and conform to its general discipline and
to such special regulations as may be made and shall during the term of
their holding appointment possess all the powers and discharge all the
duties of a peace officer while in the performance of their official
duties.
An appointment as a special patrolman may be revoked at any time by
the commissioner, without assigning cause therefor, and nothing in this
section contained shall be construed to constitute such special
patrolmen members of the force, or to entitle them to the privileges of
the regular members of the force, or to receive any additional salary,
pay, compensation or moneys whatever from the department or the city by
reason of such appointment, or to share in the police pension fund.
Every special patrolman appointed pursuant to the provisions of this
subdivision is hereby authorized and empowered to proceed under the
provisions of the criminal procedure law in the same manner and with
like force and effect as a member of the force in respect to procuring,
countersigning and serving the summons referred to therein.
f. Notwithstanding any other provision of law, in cases relating to
violation of the health code and those provisions of the code pertaining
to the jurisdiction of the sanitation department employees of such
department who are special patrolmen by appointment pursuant to
subdivision e of this section may execute warrants of arrest and bench
warrants in the same manner and with the same powers and immunities as
if such special patrolmen were members of the department. The issuance
and execution of any such warrant of arrest or bench warrant shall in
all other respects be governed by the applicable provisions of the
criminal procedure law.
Section 14-107
§ 14-107 Unlawful use of police uniform or emblem. It shall be
unlawful for any person not a member of the police force to represent
himself or herself falsely as being such a member with a fraudulent
design upon persons or property, or to have, use, wear or display
without specific authority from the commissioner any uniform, shield,
buttons, wreaths, numbers or other insignia or emblem in any way
resembling that worn by members of the police force. A violation of this
section shall constitute a misdemeanor punishable by a fine of not more
than one hundred dollars or by imprisonment for not more than sixty
days, or both.
Section 14-108
§ 14-108 Unlawful use or possession of official police cards. Any
person who without permission of the commissioner:
1. makes or engraves, or causes or procures to be made or engraved, or
willingly aids or assists in making or engraving, a plate or other means
of reproducing or printing the resemblance or similitude of an official
department identification card, working press card, emergency repair
service card, press photographer's vehicle card, newsreel camera vehicle
card, emergency service card or any other official card issued by the
department; or
2. has in his or her possession or custody any implements, or
materials, with intent that they shall be used for the purpose of making
or engraving such a plate or means of reproduction; or
3. has in his or her possession or custody such a plate or means of
reproduction with intent to use, or permit the same to be used, for the
purpose of taking therefrom any impression or copy to be uttered; or
4. has in his or her possession or custody any impression or copy
taken from such a plate or means of reproduction, with intent to have
the same filled up and completed for the purpose of being uttered; or
5. makes or engraves, or causes or procures to be made or engraved, or
willingly aids or assists in making or engraving, upon any plate or
other means of reproduction, any figures or words with intent that the
same may be used for the purpose of altering any genuine card
hereinbefore indicated or mentioned; or
6. has in his or her custody or possession any of the cards
hereinbefore mentioned, or any copy or reproduction thereof;
Is guilty of an offense punishable by a fine of not less than two
hundred fifty dollars, or imprisonment for not more than thirty days, or
both.
Section 14-109
§ 14-109 Qualifications of members of force; publishing names and
residence of applicants and appointees; probation. a. Only persons shall
be appointed or reappointed to membership in the police force or
continue to hold membership therein, who are citizens of the United
States and who have never been convicted of a felony, and who can read
and write understandably the English language. Skilled officers of
experience may be appointed for temporary detective duty who are not
residents of the city. Only persons shall be appointed police officers
who shall be at the date of filing of an application for civil service
examination less than thirty-five years of age, except, that every
person who, as of the fifteenth day of April 1997, satisfied all other
requirements for admission to the New York city police department
academy shall be admitted to such academy and shall be eligible for
appointment as a police officer, subject to the provisions of the civil
service law and any applicable provisions of the charter,
notwithstanding that such person was thirty-five years of age or older
on the fifteenth day of April 1997. Persons who shall have been members
of the force, and shall have been dismissed therefrom, shall not be
reappointed. Persons who are appointed as police trainees, after
examination in accordance with the civil service law and the rules of
the commissioner of citywide administrative services and who have
satisfactorily completed service as such trainees, may likewise be
appointed as police officers without further written examination,
provided that they shall have passed a medical examination at the end of
their required trainee period. Persons appointed as police trainees
shall not be considered members of the uniformed force of the
department.
b. Preliminary to a permanent appointment as police officer there
shall be a period of probation for such time as is fixed by the civil
service rules, and permanent appointments shall only be made after the
required probationary period has been served, but the service during
probation shall be deemed to be service in the uniformed force, if
succeeded by a permanent appointment, and as such shall be included and
counted in determining eligibility for advancement, promotion,
retirement and pension.
Section 14-110
§ 14-110 Warrant of appointment; oath. a. Every member of the force
shall have issued to him or her by the department, a proper warrant of
appointment, signed by the commissioner and chief clerk or first deputy
clerk of the department or of the commissioner, which warrant shall
contain the date of appointment and rank.
b. Each member of the force shall, before entering upon the duties of
his or her office, take an oath of office and subscribe the same before
any officer of the department who is empowered to administer an oath.
Section 14-111
§ 14-111 Salaries of first grade police officers. a. There shall be
paid a minimum of three thousand dollars to all police officers of the
first grade.
b. Such pay or compensation shall be paid bi-weekly to each person
entitled thereto, subject to such deductions for or on account of lost
time, sickness, disability, absence, fines or forfeitures, as the
commissioner may by rules and regulations, from time to time, prescribe
or adopt.
Section 14-112
§ 14-112 Computation of compensation of members of the department
after service in the fire department. a. Any member of the police force
in the department who prior to his or her appointment or employment as
such, has served or shall have served, as a member of the uniformed
force of the fire department, after appointment therein pursuant to the
rules of the commissioner of citywide administrative services and the
provisions of law applicable thereto, shall have the time served by him
or her in such fire department counted as service in the department in
determining his or her compensation, promotion, retirement and pension
in such department as herein or otherwise provided, upon condition that
he or she shall contribute to the police relief or pension fund a sum
equal to the amount which he or she would have been required to
contribute had the time served in the fire department been served in the
department.
b. Within one year after the police pension fund shall request a
transfer of reserves with respect to any such person who becomes a
member of the police pension fund on or after July first, nineteen
hundred ninety-eight, who performed such prior service in the uniformed
force of the fire department, and who has qualified for benefits under
this section, the fire department pension fund shall transfer to the
contingent reserve fund of the police pension fund the reserve on the
benefits of such member which is based on the contributions made by the
employer (including the reserve-for-increased-take-home-pay). Such
reserve shall be determined by the actuary of the fire department
pension fund in the same manner as provided in section forty-three of
the retirement and social security law. No such transfer of reserves
pursuant to this subdivision shall be made with respect to any person
who became a member of the police force in the department prior to July
first, nineteen hundred ninety-eight.
Section 14-113
§ 14-113 Computation of compensation of members of the department
restored to duty after service in the fire department. The time served
by a member of the uniformed force of the department, who was appointed
pursuant to the rules of the commissioner of citywide administrative
services and the provisions of law applicable thereto and thereafter
resigned after serving as such, to accept a position in the fire
department and is thereafter restored to his or her former position as a
member of the department, in accordance with the rules of such
commissioner and the provisions of law applicable thereto, in both
departments, shall be included and counted as service in the department,
in determining his or her compensation, promotion, retirement and
pension as herein or otherwise provided. Any such person shall be
entitled to participate in the benefits of the police pension fund if he
or she shall have contributed to such pension fund a sum equal to that
which he or she would have been required to contribute had he or she
remained a member of the uniformed force of the department from the date
of his or her entry into the service of the department.
Section 14-114
§ 14-114 Promotions. a. Promotions of officers and members of the
force shall be made by the commissioner, as provided in section eight
hundred seventeen of the charter, on the basis of seniority, meritorious
service and superior capacity, as shown by competitive examination, but
a detail to act as inspector, or to service in the detective bureau, as
hereinafter provided, shall not be deemed a promotion. Individual acts
of personal bravery or honorable service in the United States army,
navy, marine corps or army nurse corps in times of war may be treated as
an element of meritorious service in such examination, the relative
rating therefor to be fixed by the commissioner of citywide
administrative services. The police commissioner shall transmit to the
commissioner of citywide administrative services in advance of such
examination the complete record of each candidate for promotion.
b. Sergeants shall be selected from among police officers of the first
grade. Lieutenants shall be selected from among sergeants who shall have
served at least one year continuously as such. Captains shall be
selected from among lieutenants who shall have served at least one year
as lieutenants.
c. The commissioner shall, in the exercise of his or her discretion,
from time to time, detail nineteen captains and so many others as the
mayor may authorize upon the recommendation of the commissioner to act
as inspectors, with the title, while so acting, of inspectors of police
and at his or her pleasure may revoke any or all such details. While so
detailed, such officers shall receive a salary to be fixed by the mayor,
in addition to the amount of salary which regularly attaches to the
office of captain. When a captain shall have acted under regular detail
in any capacity above the rank of captain, during a period or periods
aggregating two years, such officer, upon becoming eligible therefor,
shall be entitled to a pension of not less than one-half of the salary
received by him or her per year. When the commissioner, however,
designates a captain to act in the place of a captain under regular
detail as inspector, during the temporary absence or disability of the
latter the officer so designated shall not be entitled to any additional
salary, and the period of such designation shall not be counted in his
or her favor in computing such two-year period. When a captain shall
have served in the rank of captain for a period of ten years, he or she
shall have the same rights in respect to the police pension fund as a
captain detailed to act as inspector who shall have served as such for a
period of time aggregating two years. A captain who shall have served as
such less than ten years and more than five years shall have the same
rights in respect to such police pension fund as a captain detailed to
act as a deputy inspector who shall have served as such for a period of
time aggregating two years. A period beginning March thirtieth, nineteen
hundred sixty-five, and ending November thirtieth, nineteen hundred
sixty-six, during which a captain shall have served as a provisional
captain immediately prior to a permanent promotion to such rank shall be
deemed to have been service as a permanent captain for the purposes of
this section. A captain, while detailed to act as inspector, shall be
chargeable with and responsible for the discipline and efficiency of the
force under his or her command.
Section 14-115
§ 14-115 Discipline of members. a. The commissioner shall have power,
in his or her discretion, on conviction by the commissioner, or by any
court or officer of competent jurisdiction, of a member of the force of
any criminal offense, or neglect of duty, violation of rules, or neglect
or disobedience of orders, or absence without leave, or any conduct
injurious to the public peace or welfare, or immoral conduct or conduct
unbecoming an officer, or any breach of discipline, to punish the
offending party by reprimand, forfeiting and withholding pay for a
specified time, suspension, without pay during such suspension, or by
dismissal from the force; but no more than thirty days' salary shall be
forfeited or deducted for any offense. All such forfeitures shall be
paid forthwith into the police pension fund.
b. Members of the force, except as elsewhere provided herein, shall be
fined, reprimanded, removed, suspended or dismissed from the force only
on written charges made or preferred against them, after such charges
have been examined, heard and investigated by the commissioner or one of
his or her deputies upon such reasonable notice to the member or members
charged, and in such manner or procedure, practice, examination and
investigation as such commissioner may, by rules and regulations, from
time to time prescribe.
c. The commissioner is also authorized and empowered in his or her
discretion, to deduct and withhold salary from any member or members of
the force, for or on account of absence for any cause without leave,
lost time, sickness or other disability, physical or mental; provided,
however, that the salary so deducted and withheld shall not, except in
case of absence without leave, exceed one-half thereof for the period of
such absence; and provided, further, that not more than one-half pay for
three days shall be deducted on account of absence caused by sickness.
d. Upon having found a member of the force guilty of the charges
preferred against him or her, either upon such member's plea of guilty
or after trial, the commissioner or the deputy examining, hearing and
investigating the charges, in his or her discretion, may suspend
judgment and place the member of the force so found guilty upon
probation, for a period not exceeding one year; and the commissioner may
impose punishment at any time during such period.
Section 14-116
§ 14-116 Limitations of suits. a. Actions or proceedings, either at
law or in equity, shall be commenced or maintained against the police
department, or any member thereof, or against the commissioner, or
against the mayor, or against the city by any member or officer, or
former member or officer of the force or department to recover or compel
the payment of any salary, pay, money or compensation for or on account
of any service or duty, or to recover any salary, compensation or
moneys, or any part thereof forfeited, deducted or withheld for any
cause, only if such action, suit or proceedings shall be commenced
within two years after the cause of action shall have accrued.
b. A proceeding may be brought to procure the restoration or
reinstatement to the force or department of any member or officer
thereof, if such proceeding be instituted within four months after the
decision or order sought to be reviewed. Such proceeding when so brought
shall be placed upon the calendar by the party instituting the same for
hearing by a term of the court not later than the second term after the
filing of the answer or return and of service of notice of such filing
upon the party instituting the proceeding. In the event of the failure
of the party instituting the proceeding to place it upon the calendar,
then such proceeding shall be dismissed for want of prosecution upon
application therefor by the corporation counsel, unless the court for
good and sufficient cause shall otherwise order.
Section 14-117
§ 14-117 Assignment to police duty. Only officers and members of the
police force shall be assigned to police duty.
Section 14-118
§ 14-118 School crossing guards. a. Notwithstanding the provisions of
section 14-117 of this title, the commissioner may employ persons to be
known as school crossing guards, for such periods of time as in his or
her discretion the commissioner deems advisable. Such school crossing
guards shall be empowered to direct pedestrian and vehicular traffic at
locations to which they may be assigned, and shall perform such other
related duties as may be prescribed by the commissioner.
b. Nothing contained herein shall be construed to constitute such
school crossing guards members of the police force, or to entitle them
to the privileges and benefits of the members of the police force, or to
become members of the police pension fund.
c. The commissioner shall have authority to promulgate rules and
regulations governing the conduct of such school crossing guards. The
commissioner shall prescribe the insignia or uniform to be worn by the
guards while on duty.
Section 14-118.1
§ 14-118.1 Voluntary fingerprinting of school children. a. The
commissioner shall, in cooperation with the board of education, local
school boards and private schools, institute a program to train persons
designated by the appropriate school authority to administer the
voluntary fingerprinting of New York city public and private school
students in grades kindergarten through twelve and such persons to be
trained shall not be police or police auxiliary personnel.
b. The program shall provide resources so that every school may offer
the parents or legal guardians of a child the opportunity to have the
child fingerprinted at school.
c. No child may be fingerprinted without first presenting an
authorization form signed by a parent or legal guardian. Notwithstanding
parental consent, any child over the age of fourteen shall also sign an
authorization form, or may refuse to participate in the program.
d. Any fingerprints or other information supplied under the program
shall be placed in the sole custody of the child's parents or legal
guardians on the same day as supplied and no copy or record of such
fingerprints shall be retained by the commissioner or the school. Upon
the child attaining the age of eighteen years, said child shall be
entitled to the return of his/her fingerprints from the parents or legal
guardians.
Section 14-118.2
§ 14-118.2 Traffic and parking enforcement by employees not police
officers.
a. Notwithstanding any other provision of law, the commissioner may
employ persons who shall not be police officers to engage in the
performance of duties involving the enforcement of laws and regulations
relating to (1) the parking of vehicles and (2) the regulating,
directing, controlling and restricting of the movement of vehicular and
pedestrian traffic, both such duties in furtherance of the facilitation
of traffic, the convenience of the public and the proper protection of
human life and health.
b. Nothing contained herein shall be construed to entitle such
employees to the privileges and benefits of police officers, or to
become members of the police pension fund.
Section 14-119
§ 14-119 Department to cooperate with department of health and mental
hygiene. a. It shall be the duty of the department, and of its officers
and members of the force, as the commissioner shall direct, to promptly
advise the department of health and mental hygiene of all threatened
danger to human life and health, and of all matters thought to demand
its attention, and to regularly report to the department of health and
mental hygiene all violations of its rules and ordinances, and of the
health laws, and all useful sanitary information.
b. It shall be the duty of the department, by and through its proper
officers, members and agents, to faithfully and at the proper time
enforce and execute the sanitary rules and regulations, and the orders
of the department of health and mental hygiene, made pursuant to the
power of the department of health and mental hygiene, upon the same
being received in writing and duly authenticated.
c. In and about the execution of any order of the department of health
and mental hygiene, or of the department made pursuant thereto, members
of the force shall have power and authority as when obeying any order of
or law applicable to the department; but for their conduct they shall be
responsible to the department and not to the department of health and
mental hygiene. The department of health and mental hygiene may, with
the consent of the department, impose any portion of the duties of
subordinates in such department upon subordinates in the department.
d. The department is authorized to employ and use the appropriate
persons and means, and to make the necessary expenditures for the
execution and enforcement of the rules, orders and regulations of the
department of health and mental hygiene, and such expenditures, so far
as the same may not be refunded or compensated by the means herein
elsewhere provided, shall be paid as the other expenses of the
department of health and mental hygiene are paid.
Section 14-120
§ 14-120 Detail of officers to assist department of health. The
commissioner, upon the requisition of the department of health and
mental hygiene, shall detail suitable officers to the service of such
department of health and mental hygiene for the purpose of the
enforcement of the provisions of the health code, and of the acts
relating to multiple dwellings. Such officers shall belong to the
sanitary company of police, and shall report to the department of health
and mental hygiene. The department of health and mental hygiene may
report back to the department for punishment any member of such company
guilty of any breach of order or discipline or of neglecting his or her
duty. Thereupon the commissioner shall detail another officer in his or
her place. The discipline of such members of the sanitary company shall
be in the jurisdiction of the department, but at any time the department
of health and mental hygiene may object to any member of such company on
the ground of inefficiency.
Section 14-121
§ 14-121 Details to special duty. A transfer, detail or assignment to
special duty of any member of the force, except in cases authorized or
required by law, shall not hereafter be made or continued, except for
police purposes and in the interests of police service. The
commissioner, however, whenever the exigencies of the case require it,
may make a detail to special duty for a period not exceeding three days,
at the expiration of which the member or members so detailed shall
report for duty to the officer of the command from which the detail was
made.
Section 14-122
§ 14-122 Relief from active duty due to disability. The commissioner
shall have power to relieve from active duty on patrol any member of the
police force, who, while in the actual performance of duty and without
fault or misconduct on his or her part, shall have become disabled,
physically, as a result of injuries or illness attributable thereto, so
as to be unfit to perform full police duty, such disability having been
certified to by so many of the police surgeons as the commissioner may
require. Such member may be assigned to the performance of such light
duties as he or she may be qualified to perform.
Section 14-122.1
§ 14-122.1 Receipt of line of duty pay. a. A member of the force in
the rank of police officer, other than an officer who is detailed or
designated as a detective or who holds the position of sergeant or any
position of higher rank in such force, shall be entitled pursuant to
this section to the full amount of his or her regular salary for the
period of any incapacity due to illness or injury incurred in the
performance and discharge of duty as a member of the force, as
determined by the department.
b. A member of the force who is detailed or designated as a detective
or who holds the position of sergeant or any position of higher rank in
such force shall be entitled pursuant to this section to the full amount
of his or her regular salary for the period of any incapacity due to
illness or injury incurred in the performance and discharge of duty as a
member of the force, as determined by the department, only in the event
that a collective bargaining agreement granting such entitlement
pursuant to this section has been made by the city and the certified
employee organization representing such member. The first entitlement of
any such member of the force to the full amount of regular salary under
this section shall commence on the date of execution of the collective
bargaining agreement providing for such entitlement with respect to such
member.
c. Nothing in this section shall be construed to affect the rights,
powers and duties of the commissioner pursuant to any other provision of
law, including, but not limited to, the right to discipline a member of
the force by termination, reduction of salary, or any other appropriate
measure; the power to terminate an appointee who has not completed his
or her probationary term; and the power to apply for ordinary or
accident disability retirement for a member of the force.
d. Nothing in this section shall be construed to require payment of
salary to a member of the force who has been terminated, reitred,
suspended or otherwise separated from service by reason of death,
retirement or any other cause.
e. A decision as to eligibility for benefits pursuant to this section
shall not be binding on the medical board or the board of trustees of
any pension fund in the determination of eligibility for an accident
disability or accidental death benefit.
f. As used in this section the term "incapacity" shall mean the
inability to perform full, limited, or restricted duty.
Section 14-123
§ 14-123 Suspension of members of force. The commissioner shall have
power to suspend, without pay, pending the trial of charges, any member
of the force. If any member so suspended shall not be convicted by the
commissioner of the charges so preferred, he or she shall be entitled to
full pay from the date of suspension, notwithstanding such charges and
suspension.
Section 14-124
§ 14-124 Termination of service of members of force because of
superannuation. No member of the police force in the department, except
surgeons of police, a roentgenologist and a veterinarian, who is or
hereafter attains the age of sixty-three years shall continue to serve
as a member of such force but shall be retired and placed on the pension
rolls of the department, provided, however, that any member who is not
eligible for retirement at age sixty-three shall continue to serve as a
member only until such time as he or she becomes eligible for such
pension service retirement, provided further that any member
participating in the social security program may elect to remain in the
department but only until such time as he or she has earned the minimum
number of quarters of coverage required to assure future eligibility for
social security retirement benefits, but in no event beyond sixty-five
years of age.
Notwithstanding the provisions of this section or of any other section
of law, any member who shall not have completed thirty-five years of
creditable city service within the meaning of subdivision j of section
13-206, prior to attaining the age of sixty-three years may continue to
serve as a member until he or she shall have completed such thirty-five
years of creditable city service.
Section 14-125
§ 14-125 Rehearing of charges; reinstatement of members of department.
a. Upon written application to the mayor by the person aggrieved,
setting forth the reasons for demanding such rehearing, the commissioner
may rehear the charges upon which a member or a probationary member of
the uniformed force has been dismissed, or reduced from the rank
theretofore held by him or her. Such person or persons shall be required
to waive in writing all claim against the city for back pay and shall
obtain from the mayor his or her consent to such rehearing, such consent
to be in writing and to state the reasons why such charges should be
reheard.
b. Such application for a rehearing shall be made within one year from
the date of the removal or reduction in rank.
c. If the commissioner shall determine that such member has been
illegally or unjustly dismissed or reduced, the commissioner may
reinstate such member or restore him or her to the rank from which he or
she was reduced, as the case may be, and allow him or her the whole of
his or her time since such dismissal, to be applied on his or her time
of service in the department, or the commissioner may grant such other
or further relief as he or she may determine to be just, or the
commissioner may affirm the dismissal or reduction, as he or she may
determine from the evidence.
d. If the applicant be a probationary member of the department, the
commissioner may allow him or her the time already served as a
probationary member to count as time served, but shall not allow the
time between the date of his or her dismissal and his or her restoration
to count as service in the department.
e. Employees of the department, not entitled to a trial before
dismissal, and who were given an opportunity to explain charges before
they were removed, may apply to the mayor, within one year from the date
of the order separating them from the service, for a further opportunity
to explain, setting forth the reasons for such action. The mayor, in his
or her discretion, may grant such application. The commissioner,
thereupon, shall afford a further opportunity to the dismissed employee
to explain the charges filed against him or her, on which the removal
was based. Thereafter the commissioner, in his or her discretion, may
reinstate the dismissed employee or reaffirm the previous removal. Prior
to any reinstatement hereunder, such former employee shall file a
written statement waiving all claim or claims for back salary and
damages of any kind whatsoever.
Section 14-126
§ 14-126 Resignations, absence on leave. a. A member of the force,
under penalty of forfeiting the salary which may be due such member,
shall not withdraw or resign, except by permission of the commissioner.
b. Absence, without leave, of any member of the force for five
consecutive days shall be deemed and held to be a resignation, and the
member so absent shall, at the expiration of such period cease to be a
member of the force and be dismissed therefrom without notice.
c. Leave of absence, other than for sickness, exceeding thirty days in
any one year shall be granted or allowed to any member of the force,
only upon the condition that such member shall waive and release not
less than one-half of all salary and claim thereto during such absence.
Section 14-127
§ 14-127 Contingent expenses of department, bond of commissioner. a.
The commissioner of finance shall from time to time pay over and advance
to the commissioner such portions of the appropriation made to the
department for contingent expenses, not exceeding one hundred fifty
thousand dollars at any one time, for which requisition may be made by
such commissioner. The commissioner shall transmit to the department of
finance the original vouchers for the payment of all sums of money
disbursed by such commissioner on account of such contingent expenses,
and no greater sum than one hundred fifty thousand dollars in excess of
the amount duly accounted for by such vouchers shall be advanced to the
commissioner at any one time.
b. The commissioner shall give a bond of one hundred fifty thousand
dollars, with two sufficient sureties, to be approved by the
comptroller, for the faithful performance of the duties imposed and
privileges conferred upon such commissioner by this section.
Section 14-128
§ 14-128 Three platoon system; traffic squad not affected by. The
three platoon system shall not apply to or govern the hours or tours of
duty of sergeants or police officers of the city of New York, who may
from time to time be detailed or assigned to what is known and
designated as the traffic squad, provided, nevertheless, that the total
number of members of the police force or department of such city, so
detailed or assigned to such traffic squad, shall not at any time exceed
in the aggregate one-third of the entire police force or department.
Section 14-129
§ 14-129 Commissioner; to fix boundaries of precincts; to furnish
station houses. a. The number and boundaries of the precincts shall be
fixed by the commissioner. The commissioner shall, from time to time,
with the approval of the mayor, within the appropriation provided
therefor, establish, provide and furnish stations and station houses, or
substations and substation houses, at least one to each precinct, for
the accommodation thereat of members of the force, and as places of
temporary detention for persons arrested and property taken within the
precinct. However, the commissioner shall provide written notice with
supporting documentation at least forty-five days prior to the permanent
closing, removal or relocation of any permanent station, station house,
substation or substation house to the council members, community boards
and borough presidents whose districts are served by such facility and
the chairperson of the council's public safety committee. For purposes
of this section, the term "permanent" shall mean a time period in excess
of six months. In the event that the permanent closing of any stations
and station houses, or substations and substation houses does not occur
within four months of the date of the written notice, the commissioner
shall issue another written notice with supporting documentation prior
to such permanent closing. The four months during which the written
notice is effective shall be tolled for any period in which a
restraining order or injunction prohibiting the closing of such noticed
facility shall be in effect.
b. A sufficient sum of money shall be appropriated annually for the
purpose of furnishing horses, automotive equipment and apparatus
connected therewith, and the maintenance thereof, and for the other
purposes authorized by this section.
Section 14-130
§ 14-130 Returns of arrests; accused to be taken before judge of the
criminal court. a. Every arrest made by any member of the force shall be
made known immediately to the superior on duty in the precinct wherein
the arrest was made, by the person making the same. It shall be the duty
of such superior, to make written return of such arrest within
twenty-four hours, according to the rules and regulations of the
department, with the name of the party arrested, the alleged offense,
the time and place of arrest, and the place of detention.
b. Each member of the force, under the penalty of ten days' fine, or
dismissal from the force, at the discretion of the commissioner,
immediately upon an arrest, shall convey in person the offender before
the nearest sitting judge of the criminal court, that he or she may be
dealt with according to law. If the arrest is made during the hours that
the judge of the criminal court does not regularly hold court, or if the
judge of the criminal court is not holding court, such offender may be
detained in a precinct or station house thereof, until the next regular
public sitting of the judge of the criminal court, and no longer, and
shall then be conveyed without delay before the judge of the criminal
court to be dealt with according to law.
Section 14-131
§ 14-131 Accommodations for women. The commissioner shall designate
one or more station houses for the detention and confinement of women
under arrest in the city. The commissioner shall provide sufficient
accommodations for women held under arrest, keep them separate and apart
from the cells, corridors and apartments provided for males under
arrest, and so arrange each station house that no communication can be
had between men and women therein confined, except with the consent of
the officer in command of such station house. Officers or employees
other than female staff assigned to this detail, shall be admitted to
the corridors or cells of the women prisoners only with the consent of
the officer in command of such station house. In every station house to
which female members of the force or other female staff are detailed,
toilet accommodations shall be provided for female staff, which
accommodations shall be wholly separate and apart from the toilet
accommodations provided for prisoners, or for male personnel attached to
such station house.
Section 14-132
§ 14-132 Proceedings where woman is arrested. Whenever a woman is
arrested and taken to a police station, it shall be the duty of the
officer in command of the station to cause a female staff member
assigned to this detail to be summoned forthwith, and whenever a woman
is arrested in any precinct in which no such female staff member is
assigned, she shall be taken directly to the station house designated to
receive the women prisoners of the precinct in which the arrest is made.
Such separate confinement, or any such removal of any woman, shall not
operate to take from any court any jurisdiction which it would have had.
The term "woman" as used in this section and section 14-131 of this
title shall not include any female either actually or apparently under
the age of sixteen years whose care is assumed by any incorporated
society for the prevention of cruelty to children; but every such female
detainee under the age of sixteen shall be taken directly to a station
house designated to receive women prisoners and shall be at once
transferred therefrom by the officer in charge, to the custody of such
society.
Section 14-133
§ 14-133 Use of boats. In any precinct or precincts, comprising waters
of the harbor, the commissioner may use and procure, through the
department of citywide administrative services, such boats as shall be
deemed necessary.
Section 14-134
§ 14-134 Civil process. A police officer while actually on duty shall
not be liable to arrest on civil process, or to service of subpoena from
civil courts.
Section 14-135
§ 14-135 Reimbursement for loss of property by member of force while
in performance of duty. Whenever any member of the uniformed force of
the department shall, while in the actual performance of police duty,
lose or have destroyed any of his or her personal belongings,
satisfactory proof thereof having been shown to the commissioner, such
member shall be reimbursed to the extent of the loss sustained, at the
expense of the city.
Section 14-136
§ 14-136 Rewards. a. To members of force. The commissioner for
meritorious and extraordinary services rendered by any member of the
force in due discharge of his or her duty, may permit any member of the
force to retain for his or her own benefit any reward or present, or
some part thereof, tendered him or her therefor; and it shall be cause
for removal from the force for any member thereof to receive any such
reward or present without notice thereof to the commissioner. Upon
receiving such notice, the commissioner may either order the said member
to retain the same, or shall dispose of it for the benefit of the police
pension fund.
b. To informers. The commissioner shall have authority to offer
rewards to induce any person to give information which shall lead to the
detection, arrest and conviction of persons guilty of a felony and to
pay such awards to such persons who shall give such information. Such a
reward shall be offered only if there be an unexpended appropriation
therefor. The city shall make the necessary appropriation for such
purpose.
Section 14-137
§ 14-137 Subpoenas; administration of oaths. a. The commissioner, and
his or her deputies shall have the power to issue subpoenas, attested in
the name of the commissioner and to exact and compel obedience to any
order, subpoena or mandate issued by them and to that end may institute
and prosecute any proceedings or action authorized by law in such cases.
The commissioner, and his or her deputies may in proper cases issue
subpoena duces tecum. The commissioner may devise, make and issue
process and forms of proceedings to carry into effect any powers or
jurisdiction possessed by him or her.
b. The commissioner, each of his or her deputies, the chief clerk, and
the first and second deputy clerks of such department and hearing
officers of the division of licenses or any superior officer of the rank
of sergeant or above specifically designated by the commissioner, are
hereby authorized and empowered to administer oaths and affirmations in
the usual or appropriate forms, to any person in any matter or
proceedings authorized as aforesaid, and in all matters pertaining to
the department, or the duties of any officer or other person in matters
of or connected with such department and to administer oaths of office
which may be taken or required in the administration or affairs of such
department, and to take and administer oaths and affirmations, in the
usual or appropriate forms in taking any affidavit or disposition which
may be necessary or required by law or by order, rule or regulation of
the commissioner for or in connection with the official purposes,
affairs, powers, duties or proceedings of the department, or of such
commissioner or member of the force or any official purpose lawfully
authorized by said commissioner.
c. Any person making a complaint that a felony or misdemeanor has been
committed may be required to make oath or affirmation thereto, and for
this purpose the commissioner, each of his or her deputies, the chief
clerk, or deputy clerks of the department, the inspectors, captains,
lieutenants and sergeants shall have power to administer oaths and
affirmations.
Section 14-138
§ 14-138 Minutes of commissioner; when evidence. A copy of the minutes
of the commissioner or of any part of such minutes, or of any order or
resolution of the commissioner, or of the rules and regulations
established by him or her when certified by the commissioner or the
chief clerk, or first deputy clerk of the department, may be given in
evidence upon any trial, investigation, hearing or proceeding in any
court, or before any tribunal, commissioner or commissioners, or board,
with the same force and effect as the original.
Section 14-139
§ 14-139 Disposal of horses. Whenever any horses used in the
department shall have become unfit for use therein, the commissioner,
instead of causing such horses to be sold at auction, may transfer such
horses to the custody of the American Society for the Prevention of
Cruelty to Animals, provided such society is willing to accept the
custody thereof, to be disposed of in such manner as such society may
deem best. If, however, any horse so received into the custody of such
society and formerly used in the department shall thereafter be sold by
such society, or any profit be derived from its use, the proceeds from
such sale or use shall be paid over by such society to the commissioner,
for the benefit of the police pension fund.
Section 14-140
§ 14-140 Property clerk. a. Appointment, duties and security.
1. The commissioner shall employ a property clerk who shall take
charge of all property and money hereinafter described.
2. All such property and money shall be described and registered by
the property clerk in a record kept for that purpose, which shall
contain a description of such property or money, the name and address of
the owner or claimant if ascertained, the date and place where obtained
or found, the name and address of the person from whom taken or
obtained, with the general circumstances, the name of the officer by
whom recovered or obtained, the date when received by the property
clerk, the names and addresses of all claimants thereto, and any final
disposition of such property or money.
3. The property clerk shall have power to administer oaths to and take
affidavits and depositions of any person or claimant in all matters
pertaining to the powers and duties of the property clerk, and property
and money in his or her custody and claims thereto.
4. The commissioner may require and take security for the faithful
performance of the duties of the property clerk.
b. Custody of property and money. All property or money taken from the
person or possession of a prisoner, all property or money suspected of
having been unlawfully obtained or stolen or embezzled or of being the
proceeds of crime or derived through crime or derived through the
conversion of unlawfully acquired property or money or derived through
the use or sale of property prohibited by law from being held, used or
sold, all property or money suspected of having been used as a means of
committing crime or employed in aid or furtherance of crime or held,
used or sold in violation of law, all money or property suspected of
being the proceeds of or derived through bookmaking, policy, common
gambling, keeping a gambling place or device, or any other form of
illegal gambling activity and all property or money employed in or in
connection with or in furtherance of any such gambling activity, all
property or money taken by the police as evidence in a criminal
investigation or proceeding, all property or money taken from or
surrendered by a pawnbroker on suspicion of being the proceeds of crime
or of having been unlawfully obtained, held or used by the person who
deposited the same with the pawnbroker, all property or money which is
lost or abandoned, all property or money left uncared for upon a public
street, public building or public place, all property or money taken
from the possession of a person appearing to be insane, intoxicated or
otherwise incapable of taking care of himself or herself, that shall
come into the custody of any member of the police force or criminal
court, and all property or money of inmates of any city hospital, prison
or institution except the property found on deceased persons that shall
remain unclaimed in its custody for a period of one month, shall be
given, as soon as practicable, into the custody of and kept by the
property clerk except that vehicles suspected of being stolen or
abandoned and evidence vehicles as defined in subdivision b of section
20-495 of the code may be taken into custody in the manner provided for
in subdivision b of section 20-519 of the code.
c. Return of property and money to person accused. Whenever property
or money taken from any person arrested shall be alleged to have been
feloniously obtained, or to be the proceeds of crime, and brought, with
all ascertained claimants thereof, and the person arrested, before a
judge of the criminal court for adjudication, and the judge of the
criminal court shall be satisfied from the evidence that the person
arrested is innocent of the offense alleged, and that the property
rightfully belongs to him or her, then such judge thereupon, in writing,
may order such property or money to be returned, and the property clerk,
if he or she have it, to deliver such property or money to the accused
person, and not to any attorney, agent or clerk of such accused person.
d. Disputed ownership. If any claim to the ownership of such property
or money shall be made on oath before the judge, by or in behalf of any
other persons than the person arrested, and such accused person shall be
held for trial or examination, such property or money shall remain in
the custody of the property clerk until the discharge or conviction of
the person accused and until lawfully disposed of.
e. Disposition of property and money. 1. Abandoned vehicles subject to
the provisions of section twelve hundred twenty-four of the vehicle and
traffic law in the custody of the property clerk shall be disposed of in
accordance with the provisions of such section twelve hundred
twenty-four. The city may convert to its own use in any calendar year
one percent of any such abandoned vehicles not subject to subdivision
two of such section twelve hundred twenty-four which are not claimed.
All moneys or property other than abandoned vehicles subject to the
provisions of such section twelve hundred twenty-four that shall remain
in the custody of the property clerk for a period of three months
without a lawful claimant entitled thereto shall, in the case of moneys,
be paid into the general fund of the city established pursuant to
section one hundred nine of the charter, and in the case of property
other than such abandoned vehicles, be sold at public auction after
having been advertised in "the City Record" for a period of ten days and
the proceeds of such sale shall be paid into such fund. In the
alternative, any such property may be used or converted to use for the
purpose of any city, state or federal agency, or for charitable
purposes, upon consultation with the human resources administration and
other appropriate city agencies, and the commissioner shall report
annually to the city council on the distribution of such property.
Notwithstanding the foregoing, all property or money of a deceased
person that shall come into the custody of the property clerk shall be
delivered to a representative of the estate of such decedent and if
there be no such representative, to the public administrator of the
county where the decedent resided. Where moneys or property have been
unlawfully obtained or stolen or embezzled or are the proceeds of crime
or derived through crime or derived through the conversion of unlawfully
acquired property or money or derived through the use or sale of
property prohibited by law from being held, used or sold, or have been
used as a means of committing crime or employed in aid or in furtherance
of crime or held, used or sold in violation of law, or are the proceeds
of or derived through bookmaking, policy, common gambling, keeping a
gambling place or device, or any other form of illegal gambling activity
or have been employed in or in connection with or in furtherance of any
such gambling activity, a person who so obtained, received or derived
any such moneys or property, or who so used, employed, sold or held any
such moneys or property or permitted or suffered the same to be used,
employed, sold or held, or who was a participant or accomplice in any
such act, or a person who derives his or her claim in any manner from or
through any such person, shall not be deemed to be the lawful claimant
entitled to any such moneys or property except that as concerns any
vehicle taken into custody in the manner provided for in subdivision b
of section 20-519 of the code, the authorized tow company shall receive
from the department the cost of towing and storage as provided under
subdivision c of section 20-519.
2. The commissioner, however, where the property consists of any
property that has been used as a means of committing crime or employed
in aid or in furtherance of crime or held, used or sold in violation of
law, or gambling apparatus or any property employed in or in connection
with or in furtherance of any gambling activity, or burglar tools of any
description, or firearms, cartridges or explosives, or armored or
bullet-proof clothing or motor vehicles, or instruments, articles or
medicines for the purpose of procuring abortion or preventing
conception, or wines, fermented liquors and other alcoholic beverages
and the receptacles thereof, or soiled, bloody or unsanitary clothing,
or solids and liquids of unknown or uncertain composition, or opium,
morphine, heroin, cocaine or any of its admixtures or derivatives, and
other narcotics, or hypodermic syringes and needles, or obscene
pictures, prints, books, publications, effigies or statues, or any
poisonous, noxious, or deleterious solids or liquids, or any property
which in the opinion of the commissioner, is of slight value or the sale
of which might result in injury to the health, welfare or safety of the
public, may direct and empower the property clerk to destroy each and
every article of such nature. If, in the opinion of the commissioner,
any such property may be used or converted to use for the purpose of the
department or any city, state or federal agency, such property may in
the discretion of the commissioner be used or converted to use for any
such purpose, and the same need not be sold or destroyed as in this
section provided.
3. Perishable property may be sold as soon as practicable on the best
terms available and the proceeds of such sale shall be disposed of as in
this section provided.
f. Lawful property right to be established. In any action or
proceeding against the property clerk for or on account of any property
or money in his or her custody, a claimant from whose possession such
property or money was taken or obtained, or any other claimant, shall
establish that he or she has a lawful title or property right in such
property or money and lawfully obtained possession thereof and that such
property or money was held and used in a lawful manner. In any such
action or proceeding, a claimant who derives his or her title or right
by assignment, transfer or otherwise from or through the person from
whose possession such property or money was taken or obtained, shall
further establish that such person had a lawful title or property right
in such property or money and lawfully obtained possession thereof and
that such property or money was held and used in a lawful manner.
g. No action for property or money held as evidence. No action or
proceeding may be brought against the property clerk for or on account
of any property or money held as evidence in any criminal investigation
or proceeding until the termination thereof.
h. Preservation of property. Where the property consists of furs or
other valuable property that may be subject to deterioration or damage
if stored by the property clerk, the property clerk in his or her
discretion may store such property with a private concern having special
facilities for such storage, and the cost thereof shall be a lien upon
such property to be paid by the owner thereof prior to the recovery of
such property.
i. Removal and storage charges for motor vehicles and boats.
1. Whenever an abandoned motor vehicle or boat, or a motor vehicle or
boat involved in an accident, or a boat found adrift and unoccupied upon
the waters of the city of New York which is in the custody of the
property clerk, shall be claimed by the owner or other person lawfully
entitled to possession thereof, such owner or other person shall not be
entitled to the return thereof unless he or she shall first pay to the
property clerk a removal charge of twenty-five dollars and a storage
charge of five dollars for each day, or fraction thereof, except that in
the case of a boat found adrift and unoccupied upon the waters of the
city of New York, such storage charge shall not be applied until three
days after notice to the owner by registered mail from the property
clerk that such boat is in police custody.
2. Whenever a stolen motor vehicle or boat, which is in the custody of
the property clerk, shall not be removed by the owner or other person
lawfully entitled to possession thereof within three days after notice
by registered mail from the property clerk, such owner or other person
shall not be entitled to the return thereof unless he or she shall first
pay to the property clerk a storage charge of five dollars for each day,
or fraction thereof, after the expiration of such three-day period.
3. Notwithstanding the provisions of paragraphs one and two of this
subdivision, where the department has incurred charges for removal and
storage of an abandoned or stolen motor vehicle pursuant to subchapter
thirty-one of chapter two of title twenty of the code, an owner or other
person lawfully entitled to possession of such motor vehicle shall not
be entitled to the return thereof unless he or she shall first pay all
such charges incurred by the department pursuant to such subchapter
thirty-one together with any applicable storage charge provided for in
this subdivision.
4. The removal and storage charges provided by this subdivision, or
incurred by the department pursuant to subchapter thirty-one of chapter
two of title twenty of such code, as applicable, shall be a lien upon
such motor vehicle or boat and the property clerk shall refuse to return
such motor vehicle or boat until such charges are paid, except that
where such motor vehicle or boat is the property of an estate
administered by a public administrator, the removal charge and the
storage charge shall be general claims against the estate of the
deceased.
5. The property clerk shall not require the payment of any charges
provided by this subdivision for the removal or storage of any motor
vehicle or boat in his or her custody while it is held as evidence in a
criminal investigation or proceeding.
6. It shall be the duty of the property clerk to keep a complete
record of the moneys collected pursuant to this subdivision. Such moneys
shall be paid into the general fund of the city established pursuant to
section one hundred nine of the charter.
j. Property and money desired to be produced in criminal court. If any
property or money placed in the custody of the property clerk shall be
desired to be produced as evidence in any criminal court, such property
or money shall be delivered to any officer who shall present an order to
that effect from such court. Property or money used as evidence in any
criminal court shall not be retained in such court but shall be turned
over as soon as practicable to the property clerk to be disposed of
according to the provisions of this section.
k. Public administrators not affected. Nothing in this section shall
in any way contravene, modify or repeal any existing provision of law,
general, special or local, relating to the jurisdiction, powers,
privileges, personnel, duties and functions of any public administrator.
Section 14-141
§ 14-141 Common law and statutory powers of constables. The members of
the force while on duty in the city and whenever in any other part of
this state, shall possess all the common law and statutory powers of
constables, except for the service of civil process, and any warrant for
search or arrest, issued by any judge of this state, may be executed, in
any part thereof, by any member of the force.
Section 14-147
§ 14-147 Workers' compensation for members of auxiliary police. 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 activites 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.
Section 14-148
§ 14-148 Uniform allowance for members of auxiliary police. 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.
Section 14-149
§ 14-149 Police 911 operational time analysis report. 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.
Section 14-150
§ 14-150 Police Department Reporting Requirements. a. The New York
City Police Department shall submit to the city council on a quarterly
basis the following materials, data and reports:
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. All patrol guide procedures newly promulgated or revised.
3. 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.
4. 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
court 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; overtime statistics for each 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 the total number of major felony crime complaints for the twenty
largest parks, as determined by acreage, under the jurisdiction of the
department of parks and recreation. In addition, the department shall
submit to the council, subject to the availability of resources and the
introduction of the necessary technology, the total number of major
felony crime complaints, pursuant to the following timetable, for parks
under the jurisdiction of the department of parks and recreation:
1. By one year after enactment of this law, the one hundred largest
parks, as determined by acreage;
2. By two years after enactment of this law, the two hundred largest
parks, as determined by acreage; and
3. By three years after enactment of this law, all parks one acre or
greater in size.
5. 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
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 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.
6. A report, for each patrol precinct, housing police service area,
transit district, street crime unit and narcotics division, of the
number of summonses issued for moving violations, with a breakdown by
race and gender. Such report shall be generated using data provided by
the State Department of Motor Vehicles at such time as the State
Department of Motor Vehicles amends its traffic summons to reflect such
race and gender information.
7. A report of the number of positions that are civilianizable,
including a listing of each position by job title, and the number of
positions that were civilianized. "Civilianizable" shall mean any
position that does not require uniformed expertise.
8. A report of the number of firearms 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 on an annual basis a firearms discharge report, which shall
include substantially the same information and data categories,
disaggregated in substantially the same manner, as the department's 2007
Annual Firearms Discharge Report. It shall also include, at a minimum,
in tabular form:
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 (v) 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: (i) "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;
(ii) "subject" means a person engaged in adversarial conflict with an
officer or third party, in which the conflict results in a firearms
discharge; (iii) "civilian" means a person who is not the subject in the
adversarial conflict but is included as a victim, bystander, and/or
injured person; (iv) "officer" means a uniformed member of the
department, at any rank; (v) "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; (vi) "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; (vii)
"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; and (viii)
"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.
c. The information, data and reports requested in subdivisions a and b
shall be provided to the council 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 subdivisions a and b 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. 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.
Section 14-151
§ 14-151 Bias-based Profiling Prohibited. 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, alienage 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 "alienage 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, Section 1983 of Title 42 of the United States Code, 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.
Section 14-152.
§ 14-152. School activity reporting. a. Definitions. For the purposes
of this section the following terms shall have the following meanings:
1. "Non-criminal incident" shall mean an incident occurring within a
New York city public school that does not constitute a felony or
misdemeanor, and that falls within one of the following types: dangerous
instruments; fireworks; trespass; disorderly conduct; harassment;
loitering; or possession of marijuana.
2. "School safety agent" shall mean a person employed by the
department as a peace officer for the purpose of maintaining safety in
New York city public schools.
b. Report of activity relating to schools. The department shall submit
to the council on a quarterly basis, a report based on data reflecting
summons, arrest and non-criminal incident activity from the preceding
quarter. Such report shall be disaggregated by patrol borough and
include, at a minimum:
1. the number of individuals arrested and/or issued a summons by
school safety agents or police officers assigned to the school safety
division of the New York city police department;
2. in those cases where arrests were made or summonses were issued:
(i) the charges (including penal law section or other section of law),
and (ii) whether the charge was a felony, misdemeanor or violation; and
3. the number and type of non-criminal incidents that occurred.
c. The data provided pursuant to paragraphs one through three of
subdivision b shall, for each of such paragraphs, where practicable
based upon the manner in which the applicable records are maintained, be
disaggregated by race/ethnicity, year of birth, gender, whether the
individual is receiving special education services, and whether the
individual is an English Language Learner.
d. Public education. Operators of the 311 system shall inform any
caller seeking to make a complaint against a school safety agent that
the complaint will be electronically transferred to the internal affairs
bureau of the New York city police department.
e. Disclosure limitations. The information, data, and reports required
by this section shall be subject to the disclosure limitations of
section 14-150 of this chapter.
f. Reports due at end of reporting period. The information, data, and
reports required by this section shall be provided to the council within
thirty 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 acknowledgement that
such preliminary data is non-final and subject to change.
Section 14-153
§ 14-153 Traffic data. a. The department shall publish on its website
the following traffic-related data: (1) the number of moving violation
summonses issued, disaggregated by type of summons; (2) the number of
traffic crashes, disaggregated by (i) the type of vehicle or vehicles
involved and (ii) the number of motorists and/or injured passengers,
bicyclists and pedestrians involved; and (3) the number of
traffic-related fatalities and injuries disaggregated by (i) the number
of motorists and/or injured passengers, bicyclists and pedestrians
involved; and (ii) the apparent human contributing factor or factors
involved in the crash, including, but not limited to alcohol, driver
inattention/distraction, speeding, failure to yield and use of cell
phones or other mobile devices.
b. The data required pursuant to this section shall be published on
the department's website for the whole city and disaggregated by borough
and police precinct, and shall be searchable by intersection, except for
the data required under paragraph one of subdivision a, which shall be
disaggregated by borough and police precinct only. Such data shall be
updated at least once every month.
Section 14-154.
§ 14-154. Persons not to be detained. a. Definitions. For the purposes
of this section, the following terms shall have the following meanings:
1. "Civil immigration detainer" shall mean a detainer issued pursuant
to 8 C.F.R. 287.7.
2. "Convicted of a covered crime" shall mean a final judgment of guilt
entered on a covered crime, including a conditional discharge pursuant
to section 410.10 of the criminal procedure law, or a comparable
provision of federal law or the law of another state. A person shall not
be considered convicted of a covered crime if that person:
i. was adjudicated as a youthful offender, pursuant to article seven
hundred twenty of the criminal procedure law, or a comparable status
pursuant to federal law or the law of another state, or a juvenile
delinquent, as defined by subdivision one of section 301.2 of the family
court act, or a comparable status pursuant to federal law or the law of
another state; or
ii. has never had a final judgment of guilt entered against him or her
on a felony and has not had a final judgment of guilt entered against
him or her on a misdemeanor that is a covered crime for at least ten
years prior to the date of the instant arrest.
3. "Covered crime" shall mean a misdemeanor or felony charge brought
in any of the criminal courts of the state of New York, as defined in
section 10.10 of the criminal procedure law, or any other court of
competent jurisdiction in the United States, provided, however, that a
charge brought pursuant to section 230.00 of the penal law, section
240.37 of the penal law, except when such charge relates to the
patronizing of a prostitute, or subdivision one or subparagraph (i) or
(iv) of paragraph (a) of subdivision two of section five hundred eleven
of the vehicle and traffic law, or a comparable provision of federal law
or the law of another state, shall not be deemed a covered crime.
4. "Covered criminal case" shall mean a case in any of the criminal
courts of the state of New York, as defined in section 10.10 of the
criminal procedure law, or any other court of competent jurisdiction in
the United States, excluding the family court of the state of New York
or a comparable court in another jurisdiction in the United States,
where any felony charge, or a misdemeanor charge pursuant to any of the
following provisions, or a comparable provision of federal law or the
law of another state, is pending:
A. section 120.00 of the penal law, unless the defendant is ordered by
the court to be released for failure to replace the misdemeanor
complaint with an information pursuant to section 170.70 of the criminal
procedure law;
B. article one hundred thirty of the penal law;
C. section 265.01 of the penal law, provided that such charge relates
to possession of a firearm, rifle, shotgun, bullet or ammunition;
D. section 215.50 of the penal law, unless the defendant is ordered by
the court to be released for failure to replace the misdemeanor
complaint with an information pursuant to section 170.70 of the criminal
procedure law; or
E. article thirty-one of the vehicle and traffic law.
5. "Federal immigration authorities" shall mean any officer, employee
or person otherwise paid by or acting as an agent of United States
immigration and customs enforcement or any division thereof or any other
officer, employee or person otherwise paid by or acting as an agent of
the United States department of homeland security who is charged with
enforcement of the civil provisions of the immigration and nationality
act.
6. (i) "Pending covered criminal case" shall mean a covered criminal
case where judgment has not been entered.
(ii) Notwithstanding anything to the contrary in subparagraph i of
this paragraph, any person who is a defendant in more than one case
where judgment has not been entered and where a covered crime is
charged, shall be deemed to be a defendant in a pending covered criminal
case.
(iii) Any person whose case is disposed of with an adjournment in
contemplation of dismissal pursuant to section 170.55 or 170.56 of the
criminal procedure law, or a comparable provision of federal law or the
law of another state, shall not be deemed to be a defendant in a pending
covered criminal case, or a case in which a covered crime is charged for
purposes of subparagraph ii of this paragraph.
(iv) Any person who has been sentenced to conditional discharge
pursuant to section 410.10 of the criminal procedure law, or a
comparable provision of federal law or the law of another state, shall
not be deemed to be a defendant in a pending covered criminal case, or a
case in which a covered crime is charged for purposes of subparagraph ii
of this paragraph.
(v) Any person who, if convicted, must be found by the court to be a
youthful offender, pursuant to paragraph (b) of subdivision one of
section 720.20 of the criminal procedure law, or a comparable status
pursuant to federal law or the law of another state, shall not be deemed
to be a defendant in a pending covered criminal case.
7. "Terrorist screening database" shall mean the United States
terrorist watch list or any similar or successor list maintained by the
United States.
b. Prohibition on honoring a civil immigration detainer. 1. The
department shall not honor a civil immigration detainer by:
(i) holding a person beyond the time when such person would otherwise
be released from the department's custody, except for such reasonable
time as is necessary to conduct the search specified in paragraph two of
this subdivision, or
(ii) notifying federal immigration authorities of such person's
release.
2. Paragraph one of this subdivision shall not apply under any of the
following circumstances:
(i) A search, conducted at or about the time when such person would
otherwise be released from the department's custody, of state and
federal databases, or any similar or successor databases, accessed
through the New York state division of criminal justice services
e-JusticeNY computer application, or any similar or successor computer
application maintained by the city of New York or state of New York,
indicates, or the department has been informed by a court, that such
person:
A. has been convicted of a covered crime;
B. is a defendant in a pending covered criminal case;
C. has an outstanding criminal warrant in the state of New York or
another jurisdiction in the United States;
D. is identified as a known gang member in the database of the
national crime information center or any similar or successor database
maintained by the United States; or
E. is identified as a possible match in the terrorist screening
database.
(ii) The search conducted pursuant to subparagraph i of this paragraph
indicates, or the department has been informed by federal immigration
authorities, that such person:
A. has an outstanding warrant of removal issued pursuant to 8 C.F.R.
241.2; or
B. is or has previously been subject to a final order of removal
pursuant to 8 C.F.R. 1241.1.
3. Nothing in this section shall affect the obligation of the
department to maintain the confidentiality of any information obtained
pursuant to paragraph two of this subdivision.
c. No conferral of authority. Nothing in this section shall be
construed to confer any authority on any entity to hold persons on civil
immigration detainers beyond the authority, if any, that existed prior
to the enactment of this section.
d. No conflict with existing law. This local law supersedes all
conflicting policies, rules, procedures and practices of the city of New
York. Nothing in this local law shall be construed to prohibit any city
agency from cooperating with federal immigration authorities when
required under federal law. Nothing in this local law shall be
interpreted or applied so as to create any power, duty or obligation in
conflict with any federal or state law.
e. No private right of action. Nothing contained in this section or in
the administration or application hereof shall be construed as creating
any private right of action on the part of any persons or entity against
the city of New York or the department.
f. Reporting. No later than September 30, 2013, and no later than
September thirtieth of each year thereafter, the department shall post a
report on the department website that includes the following information
for the preceding twelve month period:
1. the number of civil immigration detainers received from federal
immigration authorities;
2. the number of persons held pursuant to civil immigration detainers
beyond the time when such person would otherwise be released from the
department's custody;
3. the number of persons transferred to the custody of federal
immigration authorities pursuant to civil immigration detainers; and
4. the number of persons for whom civil immigration detainers were not
honored pursuant to subdivision b of this section.
g. For the purpose of this section, any reference to a statute, rule,
or regulation shall be deemed to include any successor provision.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.