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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 SafetyPolice 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

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)

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 1 3