Preconsidered Int. No. 1962-A
By Council Members Ampry-Samuel, the Public Advocate (Mr. Williams), Rivera, Cumbo, Levin, Chin, Kallos, Van Bramer, Rosenthal, Menchaca, Louis, Moya, Ayala, Brannan, Adams, Lancman, Reynoso, Vallone, Cabrera, Cohen, Rose, Lander, Constantinides and Miller
A Local Law to amend the administrative code of the city of New York, in relation to requiring visible shield numbers and rank designations
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 to add a new section 14-187 to read as follows:
§ 14-187 Shield numbers and rank designations. a. An officer’s shield number or rank designation shall be visible at all times while such officer is in uniform and performing any activity under the color of law.
b. 1. A claim of refusal to make a shield number or rank designation visible is established under this section when an individual demonstrates that they requested that an officer make their shield number or rank designation visible pursuant to subdivision a of this section and such officer did not comply.
2. An individual subject to refusal to make a shield number or rank designation visible as described in paragraph 1 of subdivision b of this section may bring an action in any court of competent jurisdiction for any damages, including punitive damages, and for declaratory and injunctive relief and such other remedies as may be appropriate.
3. In any action or proceeding to enforce this section, the court shall award a prevailing plaintiff reasonable attorney's fees and court costs, and may include expert fees as part of the attorney's fees.
4. Any action or proceeding to enforce this section shall be commenced no later than one year and 90 days after the date on which the violation of this section is committed.
c. This section does not limit or abrogate any claim or cause of action a person has under common law or by other law or rule. The provisions of this section are in addition to any other remedies that may be provided for under common law or by other law or rule.
§ 2. This local law takes effect immediately.
LS 15282
6/10/20 9:40PM