New York City Council Header
File #: Int 0486-2018    Version: * Name: Requiring the PD to use evidence based identification techniques.
Type: Introduction Status: Committee
Committee: Committee on Public Safety
On agenda: 2/14/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to use evidence based identification techniques
Sponsors: Vanessa L. Gibson
Council Member Sponsors: 1
Summary: This bill would require the New York City Police Department to conduct all police arranged identification procedures in a double blind fashion and take witness confidence statements, unless there are extraordinary circumstances, which would make such procedures unfeasible. The bill also requires an annual report on the number of identification procedures conducted, whether the procedures were conducted in a double blind fashion and the reasons why any identification procedure was not conduced in a double blind fashion.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 486, 2. Int. No. 486, 3. February 14, 2018 - Stated Meeting Agenda

Int. No. 486

 

By Council Member Gibson

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to use evidence based identification techniques

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 1 of title 14 of the administrative code of the city of New York is amended by adding a new section 14-175 to read as follows:

§ 14-175 Identification procedures. a. Definitions. As used in this section, the following terms have the following meanings:

Administrator. The term “administrator” means a member of service employed by the department that conducts an identification procedure.

Double blind. The term “double blind” means an identification procedure in which neither the administrator nor the eyewitness knows the identification of the suspect in such procedure.

Identification procedure. The term “identification procedure” means a lineup or photo array.  

b. Identification procedure. In conducting an identification procedure, the administrator shall:

1. Instruct the witness orally or in writing about the details of the identification procedure;

2. Advise the witness that: (a) the person who committed the crime may or may not be in the identification procedure; (b) the witness will be required to provide a statement of confidence at the conclusion of the identification procedure; (c) the individual may not appear exactly as they did on the day of the incident; (d) the administrator of the identification procedure does not know who the suspect is; (e) the witness is not obligated to make an identification; and (f) upon completion of the identification procedure, that the witness shall not discuss the procedure with other individuals involved in the case;

3. If a positive identification is made: (a) elicit from the witness a statement of confidence indicating how certain the witness is of the identification prior to any confirmation of the identification; and (b) document the witness statement; and

4. Prepare documentation of (a) any identification procedure with a color photograph; (b) the date, time, location and people present in the viewing room with the witness and suspect; and (c) any statements or physical reactions made by the witness during the identification procedure.

c. Double blind. All identification procedures will be conducted in a double blind fashion, unless in extraordinary circumstances in which conducting a double blind procedure is not feasible. If the identification procedure is not double blind, the administrator will document the reasons why it was not feasible.

d. Reporting. The department shall post on the department website by January 30 of each year a report containing information pertaining to the use of double blind identification procedures for the prior calendar year. Such annual report will include, but not be limited to, the following information:

1. The number of identification procedures conducted, in total and disaggregated by the type of procedure;

2. The number of lineups and photo arrays conducted, disaggregated by whether such lineups were conducted in a double blind fashion; and

3. The reasons why any lineups and photo arrays that were not conducted in a double blind fashion were so conducted.

 § 2. This local law takes effect immediately.

 

DA/BG (2017)/MMB (2018)

LS # 6083/Int. 1542-2017

NEW LS # 881

1/10/18; 4:07 p.m.