Int 0538-2022
Requiring the New York police department to report on instances in which an individual denied an officer consent to a search
IntroductionEnactedCommittee on Public Safetyintroduced 2022-06-16Local Law 2024/020
Enacted as Local Law 2024/020.
Official record · Legistar
Agenda: 2022-06-16Passed: 2024-01-20Enacted: 2024-01-20
Summary
This bill would require the New York City Police Department (“NYPD”) to report on instances in which an individual denies consent to a search, and information pertaining to circumstances involved in such attempt to obtain consent to search.
Committee on Public Safety — Police Department, Civilian Complaint Review Board, and Mayor’s Office of Criminal Justice, courts, legal services, District Attorneys, and the Office of the Special Narcotics Prosecutor.
How it compares
20% of similar bills passed
10 passed · 40 died
This bill: 551 days in committee
Similar bills: median 671 days · 251 days when passed
Compared against 50 Introduction bills in Committee on Public Safety.
Ranked by how closely each matches this bill's topic — closest first:
Int 1551-2019
Requiring the NYPD to report on instances in which an individual denied an officer consent to a search.
968dFiled
Int 0799-2012
Requiring law enforcement officers to provide notice and obtain proof of consent to search individuals.
671dFiled
Int 0541-2014
Right to Know Act - Requiring the NYPD to develop and provide guidance for its officers on obtaining consent to search individuals.
1130dEnacted
Int 0510-2003
NYPD to submit certain information regarding the number of search warrants applied for and executed.
196dFiled
Int 0151-2004
NYPD to submit certain information regarding the number of search warrants applied for and executed.
695dFiled
Int 2002-2020
Requiring the police dept to report on how often it engages in surreptitious DNA collection.
520dFiled
+ 44 more comparable bills
Sponsors (34)
Public Advocate Jumaane Williams
Lifecycle
IntroducedIntroduced by Council
2022-06-16 · City Council
ActionReferred to Comm by Council
2022-06-16 · City Council
HeardHearing Held by Committee
2023-03-27 · Committee on Public Safety
HeldLaid Over by Committee
2023-03-27 · Committee on Public Safety
HeardHearing Held by Committee
2023-12-20 · Committee on Public Safety
ActionAmendment Proposed by Comm
2023-12-20 · Committee on Public Safety
ActionAmended by Committee
2023-12-20 · Committee on Public Safety
AdvancedApproved by Committee
2023-12-20 · Committee on Public Safety
AdvancedApproved by Council
2023-12-20 · City Council
ActionSent to Mayor by Council
2023-12-20 · City Council
ActionReturned Unsigned by Mayor
2024-01-19 · City Council
AdvancedCity Charter Rule Adopted
2024-01-20 · Administration
Votes (61)
Aye (46)
Chi A. OsséMercedes NarcisseAdrienne E. AdamsLynn C. SchulmanAlthea V. StevensLincoln RestlerChristopher MarteNantasha M. WilliamsCrystal HudsonKristin Richardson JordanCharles BarronCarmen N. De La RosaKevin C. RileyDiana I. AyalaAmanda C. FaríasLinda LeeErik D. BottcherCarlina Rivera Eric DinowitzShahana K. HanifGale A. BrewerShaun AbreuAlexa AvilésJustin L. BrannanTiffany L. CabánOswald J. FelizJennifer GutiérrezKamillah HanksRita C. JosephShekar KrishnanFarah N. LouisJulie MeninKeith Powers Pierina Ana SanchezJulie WonSandy NurseFrancisco P. MoyaSelvena N. Brooks-PowersRafael Salamanca, Jr.Carmen N. De La RosaTiffany L. CabánAlthea V. StevensKamillah HanksErik D. BottcherRita C. JosephJustin L. Brannan
Nay (9)
Robert F. HoldenKalman Yeger Joann Ariola Inna VernikovVickie PaladinoDavid M. CarrJoseph C. BorelliRobert F. HoldenJoann Ariola
Abstain (1)
Marjorie Velázquez
Absent (2)
Ari KaganSandra Ung
Excused (3)
James F. GennaroDarlene MealyDarlene Mealy
Heard at (5)
City Council · 2023-12-20 · 1:30 PM · Council Chambers - City Hall
Committee on Public Safety · 2023-12-20 · 11:00 AM · Council Chambers - City Hall
Committee on Public Safety · 2023-03-27 · 1:00 PM · Council Chambers - City Hall
Committee on Public Safety · 2023-02-24 · 1:00 PM · Committee Room - City Hall
City Council · 2022-06-16 · 1:30 PM · HYBRID HEARING - Council Chambers - City Hall
Attachments (21)
- Summary of Int. No. 538-A
- Summary of Int. No. 538
- Int. No. 538
- June 16, 2022 - Stated Meeting Agenda
- Hearing Transcript - Stated Meeting 6-16-22
- Minutes of the Stated Meeting - June 16, 2022
- Committee Report 3/27/23
- Hearing Testimony 3/27/23
- Hearing Transcript 3/27/23
- Proposed Int. No. 538-A - 12/14/23
- Committee Report 12/20/23
- Hearing Testimony 12/20/23
- Hearing Transcript 12/20/23
- Committee Report - Stated Meeting
- December 20, 2023 - Stated Meeting Agenda
- Hearing Transcript - Stated Meeting 12-20-23
- Minutes of the Stated Meeting - December 20, 2023
- Int. No. 538-A (FINAL)
- Fiscal Impact Statement
- Legislative Documents - Letter to the Mayor
- Local Law 20
Full text
Be it enacted by the Council as follows:
Section 1. Paragraph 2 of subdivision b of section 14-173 of the administrative code of the city of New York, as added by local law number 56 for the year 2018, is amended to read as follows:
2. Document the time, location, and date of any such request for consent to search[,]; whether consent was sought to search a person, including to collect a forensic sample to be used to test a person's DNA, vehicle, home, or property; whether such consent was sought from a person with limited English proficiency, and whether the officer utilized interpretation services and, if so, the type of interpretation services utilized, including but not limited to the use of language line services, a certified interpreter pursuant to the language initiative program, or other interpretation service authorized pursuant to the department's language access plan; and the apparent race/ethnicity, gender, and age of the person [who was the subject of such search] from whom consent to search was sought, and such officer's name, precinct, and shield number.
� 2. Subdivision e of section 14-173 of the administrative code of the city of New York, as added by local law number 56 for the year 2018, is amended to read as follows:
e. Commencing within 30 days of the end of the quarter beginning on July 1, [2018] 2024, and within 30 days of the end of every quarter thereafter, the department shall post on its website a report of data collected from the preceding quarter pursuant to paragraph 2 of subdivision b, [specifically the] including, but not limited to:
1. The total number of consent searches conducted during the preceding quarter, disaggregated by the:
[1.] (a) Apparent race/ethnicity, gender, and age of the person [searched] from whom consent to search was sought; and
[2.] (b) Precinct where each search occurred[, and];
2. The total number of requests by an officer for consent to search where such consent was denied during the preceding quarter, disaggregated by the:
(a) Apparent race/ethnicity, gender, and age of the person from whom consent to search was sought;
(b) Precinct where each request to search was made;
3. The information required by subparagraph (b) of paragraph 1 of this subdivision, further disaggregated by [the]:
(a) The apparent race/ethnicity, gender, and age of the person [searched] from whom consent to search was sought;
(b) Whether consent was sought to search a person, vehicle, home or property or to collect a forensic sample to be used to test a person's DNA;
(c) Whether the person from whom consent to search was sought was a person with limited English proficiency; and
(d) Whether the officer utilized interpretation services to obtain consent, further disaggregated by the type of interpretation service utilized; and
4. The information required by subparagraph (b) of paragraph 2 of this subdivision, further disaggregated by:
(a) The apparent race/ethnicity, gender, and age of the person from whom consent to search was sought;
(b) Whether consent was sought to search a person, vehicle, home or property or to collect a forensic sample to be used to test a person's DNA;
(c) Whether the person from whom consent to search was sought was a person with limited English proficiency; and
(d) Whether the officer utilized interpretation services to obtain consent, further disaggregated by the type of interpretation service utilized.
� 3. This local law takes effect July 1, 2024.
Session 12:
JDK, JW
LS 8407
12/7/23
Session 11:
AM
LS #9638
Int 1551-2019
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3