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Int 1057-2016
| * | Melissa Mark-Viverito | | Preconsidered | Criminal Justice Reform Act (CJRA) - Enforcement of criminal and civil offenses. | Introduction | In enforcing misdemeanors and non-criminal offenses, the New York City Police Department (“NYPD”) may either issue a criminal or civil summons, among other options. This bill states the Council has determined that criminal summonses should only be used for certain low-level offenses in limited circumstances, and requires the NYPD to provide guidance to its officers on when to use criminal and civil summonses, and make such guidance public. The bill also adds definitions for terms such as “civil summons” to create uniformity in the use of these terms throughout the Administrative Code. | Hearing on P-C Item by Comm | |
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Int 1057-2016
| * | Melissa Mark-Viverito | | | Criminal Justice Reform Act (CJRA) - Enforcement of criminal and civil offenses. | Introduction | In enforcing misdemeanors and non-criminal offenses, the New York City Police Department (“NYPD”) may either issue a criminal or civil summons, among other options. This bill states the Council has determined that criminal summonses should only be used for certain low-level offenses in limited circumstances, and requires the NYPD to provide guidance to its officers on when to use criminal and civil summonses, and make such guidance public. The bill also adds definitions for terms such as “civil summons” to create uniformity in the use of these terms throughout the Administrative Code. | P-C Item Laid Over by Comm | |
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Int 1070-2016
| * | Rory I. Lancman | | Preconsidered | Criminal Justice Reform Act (CJRA) - Penalties for littering, spitting and public urination. | Introduction | This bill eliminates a section of the Administrative Code relating to the distribution of advertising material that had been found unconstitutional, and adds a subsection relating to spitting in a public space or a stairway of a private building. It also amends the civil penalties for public urination and regular littering by an individual, and reduces the possible jail penalties for these offenses from 10 days to 1 day. | Hearing on P-C Item by Comm | |
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Int 1070-2016
| * | Rory I. Lancman | | | Criminal Justice Reform Act (CJRA) - Penalties for littering, spitting and public urination. | Introduction | This bill eliminates a section of the Administrative Code relating to the distribution of advertising material that had been found unconstitutional, and adds a subsection relating to spitting in a public space or a stairway of a private building. It also amends the civil penalties for public urination and regular littering by an individual, and reduces the possible jail penalties for these offenses from 10 days to 1 day. | P-C Item Laid Over by Comm | |
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Int 1058-2016
| * | Melissa Mark-Viverito | | Preconsidered | Criminal Justice Reform Act (CJRA) - Penalties for excessive noise. | Introduction | This bill amends the civil penalties for unreasonable noise for a noncommercial purpose. | Hearing on P-C Item by Comm | |
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Int 1058-2016
| * | Melissa Mark-Viverito | | | Criminal Justice Reform Act (CJRA) - Penalties for excessive noise. | Introduction | This bill amends the civil penalties for unreasonable noise for a noncommercial purpose. | P-C Item Laid Over by Comm | |
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Int 1067-2016
| * | Vanessa L. Gibson | | Preconsidered | Criminal Justice Reform Act (CJRA) - Penalties for possessing an open container of alcohol. | Introduction | This bill adds the possibility of a civil penalty of up to 25 dollars for a violation of the City’s prohibition on possessing an open container of alcohol in public, which would be returnable to the office of administrative trials and hearings. Further, the bill reduces the possible jail penalty for this offense from 5 days to 1 day. | Hearing on P-C Item by Comm | |
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Int 1067-2016
| * | Vanessa L. Gibson | | | Criminal Justice Reform Act (CJRA) - Penalties for possessing an open container of alcohol. | Introduction | This bill adds the possibility of a civil penalty of up to 25 dollars for a violation of the City’s prohibition on possessing an open container of alcohol in public, which would be returnable to the office of administrative trials and hearings. Further, the bill reduces the possible jail penalty for this offense from 5 days to 1 day. | P-C Item Laid Over by Comm | |
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Int 1056-2016
| * | Melissa Mark-Viverito | | Preconsidered | Criminal Justice Reform Act (CJRA) - Penalties for violating park rules. | Introduction | Presently, the violation of any Department of Parks and Recreation (“DPR”) rule is a misdemeanor, with a penalty of up to 90 days in jail and a fine of up to $1,000. This bill changes the penalty for violating such rules to a violation with a maximum penalty of 1 day in jail and a fine of up to $200. The bill also reduces the maximum civil penalty for park violations from $10,000 to $200. The bill also adds a list of prohibitions in parks to the Administrative Code that are punishable by misdemeanor. | Hearing on P-C Item by Comm | |
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Int 1056-2016
| * | Melissa Mark-Viverito | | | Criminal Justice Reform Act (CJRA) - Penalties for violating park rules. | Introduction | Presently, the violation of any Department of Parks and Recreation (“DPR”) rule is a misdemeanor, with a penalty of up to 90 days in jail and a fine of up to $1,000. This bill changes the penalty for violating such rules to a violation with a maximum penalty of 1 day in jail and a fine of up to $200. The bill also reduces the maximum civil penalty for park violations from $10,000 to $200. The bill also adds a list of prohibitions in parks to the Administrative Code that are punishable by misdemeanor. | P-C Item Laid Over by Comm | |
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Int 1059-2016
| * | Melissa Mark-Viverito | | Preconsidered | Criminal Justice Reform Act (CJRA) - OATH procedures for certain quality of life offenses. | Introduction | This bill would require that judges at the Office of Administrative Trials and Hearings (“OATH”) offer the option to complete community service in lieu of paying civil penalties for “specified violations,” defined as those related to the possession of an open container of alcohol, public urination, littering, one provision of the noise code, and violating most parks rules. This bill would also allow these judges to dismiss these specified offenses in the interest of justice. This bill would require OATH to report on the adjudication of the specified violations. Finally, the bill requires OATH to conduct a yearly analysis of the penalties and judgments imposed on persons for specified violations, to ensure that OATH is not imposing such penalties and judgments in amounts that are disproportionate to the harm caused by the underlying offenses, and to recommend a possible limit on such penalties and judgments where appropriate. | Hearing on P-C Item by Comm | |
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Int 1059-2016
| * | Melissa Mark-Viverito | | | Criminal Justice Reform Act (CJRA) - OATH procedures for certain quality of life offenses. | Introduction | This bill would require that judges at the Office of Administrative Trials and Hearings (“OATH”) offer the option to complete community service in lieu of paying civil penalties for “specified violations,” defined as those related to the possession of an open container of alcohol, public urination, littering, one provision of the noise code, and violating most parks rules. This bill would also allow these judges to dismiss these specified offenses in the interest of justice. This bill would require OATH to report on the adjudication of the specified violations. Finally, the bill requires OATH to conduct a yearly analysis of the penalties and judgments imposed on persons for specified violations, to ensure that OATH is not imposing such penalties and judgments in amounts that are disproportionate to the harm caused by the underlying offenses, and to recommend a possible limit on such penalties and judgments where appropriate. | P-C Item Laid Over by Comm | |
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Int 0639-2015
| * | Jumaane D. Williams | | Proposed Int. No. 639-A | Criminal Justice Reform Act (CJRA) - Requiring the police department to submit quarterly reports relating to the issuance of summonses. | Introduction | This bill would require the New York City Police Department to report on the number of criminal summonses and the number of summonses to appear in an authorized tribunal of the Office of Administrative Trials and Hearings (“civil summons”), it issues each quarter. This information would be required to be broken down by the offense charged, the race, age and gender of the person to whom a summons was issued, and the borough and precinct in which the summons was issued. The bill would also require this information to be broken down by the criteria used to determine whether a civil or criminal summons was issued. Such criteria are required pursuant to Proposed Int. No. 1057-A. | Hearing Held by Committee | |
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Int 0639-2015
| * | Jumaane D. Williams | | | Criminal Justice Reform Act (CJRA) - Requiring the police department to submit quarterly reports relating to the issuance of summonses. | Introduction | This bill would require the New York City Police Department to report on the number of criminal summonses and the number of summonses to appear in an authorized tribunal of the Office of Administrative Trials and Hearings (“civil summons”), it issues each quarter. This information would be required to be broken down by the offense charged, the race, age and gender of the person to whom a summons was issued, and the borough and precinct in which the summons was issued. The bill would also require this information to be broken down by the criteria used to determine whether a civil or criminal summons was issued. Such criteria are required pursuant to Proposed Int. No. 1057-A. | Amendment Proposed by Comm | |
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Int 0639-2015
| * | Jumaane D. Williams | | | Criminal Justice Reform Act (CJRA) - Requiring the police department to submit quarterly reports relating to the issuance of summonses. | Introduction | This bill would require the New York City Police Department to report on the number of criminal summonses and the number of summonses to appear in an authorized tribunal of the Office of Administrative Trials and Hearings (“civil summons”), it issues each quarter. This information would be required to be broken down by the offense charged, the race, age and gender of the person to whom a summons was issued, and the borough and precinct in which the summons was issued. The bill would also require this information to be broken down by the criteria used to determine whether a civil or criminal summons was issued. Such criteria are required pursuant to Proposed Int. No. 1057-A. | Laid Over by Committee | |
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Int 0662-2015
| * | Mark Levine | | | Criminal Justice Reform Act (CJRA) - Requiring the police department to submit quarterly reports relating to the issuance of desk appearance tickets. | Introduction | In enforcing misdemeanors and non-criminal offenses, the New York City Police Department (“NYPD”) may either arrest the offender, issue a desk appearance ticket, or issue either a criminal or civil summons. The difference between a desk appearance and a summons is that issuing a desk appearance ticket requires the offender to be fingerprinted and booked, typically at a police precinct. This bill would require the NYPD to issue a quarterly report on the number of desk appearance tickets issued, disaggregated by the race, gender, and age of the person to whom it was issued, as well as the offense charged and the precinct in which it was issued. | Hearing Held by Committee | |
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Int 0662-2015
| * | Mark Levine | | | Criminal Justice Reform Act (CJRA) - Requiring the police department to submit quarterly reports relating to the issuance of desk appearance tickets. | Introduction | In enforcing misdemeanors and non-criminal offenses, the New York City Police Department (“NYPD”) may either arrest the offender, issue a desk appearance ticket, or issue either a criminal or civil summons. The difference between a desk appearance and a summons is that issuing a desk appearance ticket requires the offender to be fingerprinted and booked, typically at a police precinct. This bill would require the NYPD to issue a quarterly report on the number of desk appearance tickets issued, disaggregated by the race, gender, and age of the person to whom it was issued, as well as the offense charged and the precinct in which it was issued. | Laid Over by Committee | |
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