New York City Council Header
File #: Int 0539-2014    Version: Name: NYPD reports relating to use of force incidents.
Type: Introduction Status: Enacted
Committee: Committee on Public Safety
On agenda: 11/13/2014
Enactment date: 8/3/2016 Law number: 2016/085
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to publish quarterly and annual reports relating to use of force incidents
Sponsors: Rory I. Lancman, Jumaane D. Williams, Daniel Dromm , Corey D. Johnson, Rosie Mendez, Robert E. Cornegy, Jr., Inez D. Barron, Deborah L. Rose, Carlos Menchaca, Ben Kallos, Ruben Wills, Helen K. Rosenthal
Council Member Sponsors: 12
Summary: This bill requires the NYPD to provide a quarterly report on the number of use of force incidents disaggregated by the: (1) type of force used, (2) precinct or unit of the officer that used force, and (3) whether the officer was on or off duty when the force was used. In addition, the bill would require the department to report on the number of injuries to an officer or civilian resulting from a police and civilian interaction involving a use of force incident, and the severity of those injuries. Finally, the department would be required to annually provide a report on the uses of force found to be excessive by the department. These excessive uses of force would be disaggregated by the: (1) type of force used, including whether a firearm was used, (2) precinct to which such officer was assigned, (3) whether such officer was on duty, and (4) the outcome of any departmental charges brought against such officer.
Attachments: 1. Legislative History Report, 2. Summary of Int. No. 539-A, 3. Summary of Int. No. 539, 4. Int. No. 539 - 11/13/16, 5. Committee Report 6/29/15, 6. Hearing Testimony 6/29/15, 7. Hearing Transcript 6/29/15, 8. Proposed Int. No. 539-A - 7/12/16, 9. Committee Report 7/12/16, 10. Hearing Testimony 7/12/16, 11. Hearing Transcript 7/12/16, 12. July 14, 2016 - Stated Meeting Agenda with Links to Files, 13. Hearing Transcript - Stated Meeting 7-14-16, 14. Fiscal Impact Statement, 15. Int. No. 539-A (FINAL), 16. Mayor's Letter, 17. Minutes of the Stated Meeting - July 14, 2016, 18. Local Law 85
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
8/4/2016ARory I. Lancman City Council Recved from Mayor by Council  Action details Meeting details Not available
8/3/2016ARory I. Lancman Mayor Hearing Held by Mayor  Action details Meeting details Not available
8/3/2016ARory I. Lancman Mayor Signed Into Law by Mayor  Action details Meeting details Not available
7/14/2016ARory I. Lancman City Council Sent to Mayor by Council  Action details Meeting details Not available
7/14/2016ARory I. Lancman City Council Approved by CouncilPass Action details Meeting details Not available
7/12/2016*Rory I. Lancman Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
7/12/2016*Rory I. Lancman Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
7/12/2016*Rory I. Lancman Committee on Public Safety Amended by Committee  Action details Meeting details Not available
7/12/2016ARory I. Lancman Committee on Public Safety Approved by CommitteePass Action details Meeting details Not available
6/29/2015*Rory I. Lancman Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
6/29/2015*Rory I. Lancman Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
11/13/2014*Rory I. Lancman City Council Referred to Comm by Council  Action details Meeting details Not available
11/13/2014*Rory I. Lancman City Council Introduced by Council  Action details Meeting details Not available

Int. No. 539-A

 

By Council Members Lancman, Williams, Dromm, Johnson, Mendez, Cornegy, Barron, Rose, Menchaca, Kallos, Wills and Rosenthal

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to publish quarterly and annual reports relating to use of force incidents

 

Be it enacted by the Council as follows:

Section 1.  Title 14 of the administrative code of the city of New York is amended by adding a new section 14-158 to read as follows:

§14-158 Use of force incident reports.

a. Definitions.  As used in this section, the following terms have the following meanings:

Excessive force. The term “excessive force” means force that has been found by the department to be, considering the totality of the circumstances in which it is used, greater than that which a reasonable officer, in the same situation, would use under the circumstances that existed and were known to the officer at the time such force was used.

Use of force incident. The term “use of force incident” means any instance where a member of the department, while taking police action, responds to an incident or condition and takes action in a manner intended to have an immediate effect on the body of another person, and consists of the following categories: (i) the use of hand strikes, foot strikes, forcible take-downs or the wrestling of the subject to the ground; (ii) the discharge of oleoresin capsicum spray; (iii) the deployment of a conducted electrical weapon; (iv) the use of a mesh restraining blanket to secure an individual; (v) the intentional striking of a person with any object, including a baton or other equipment; (vi) a police canine bite; and (vii) the use of physical force that is readily capable of causing death or serious physical injury, including the discharge of a firearm.

b. Use of force incident report. No later than February 1, 2017, and no later than 30 days after the end of each quarter thereafter, the department shall post on its website and deliver to the council a report containing the following information for the prior quarter:

1. The number of use of force incidents, in total and disaggregated by: (a) the category of use of force incident; (b) the precinct or other departmental unit to which the officer who used such force was assigned; and (c) whether or not the officer was on duty at the time of the use of force.

2. The number of injuries to an officer or civilian resulting from a police and civilian interaction involving a use of force incident, in total and disaggregated by the following categories: (a) physical injury, such as minor swelling, contusion, laceration, abrasion or complaint of substantial contracted pain; (b) substantial physical injury, such as a significant contusion or laceration that requires sutures or any injury that requires treatment at a hospital emergency room; and (c) serious physical injury, such as a broken or fractured bone, gunshot wound, heart attack, stroke, or any injury requiring hospital admission. Such injuries shall also be disaggregated by the precinct or other departmental unit to which the officer who used such force was assigned, whether such officer was on duty at the time the injury was sustained, whether the injury was sustained by an officer or civilian, and, if known, whether the injury was caused by an officer or civilian. 

c. No later than May 1, 2017, and thereafter on an annual basis, the department shall post on its website and deliver to the council a report that contains the information in paragraphs 1 and 2 of subdivision b of this section for the previous calendar year. Such report shall also include the number of incidents involving the use of excessive force for the previous calendar year, in total and disaggregated by:

1. the category of use of force incident, where applicable, and whether the use of excessive force involved the drawing or displaying of a firearm in a manner determined to be excessive force;

2. the precinct or other departmental unit to which the officer who used such excessive force was assigned;

3. whether or not such officer was on duty at the time of the use of excessive force; and

4. if available, dispositions of departmental charges brought against officers for the use of excessive force.

d. The reports produced pursuant to subdivisions b and c shall be stored permanently and shall be accessible from the department’s website, and the quarterly report produced pursuant to subdivision b shall be provided in a format that permits automated processing. Each quarterly report produced pursuant to subdivision b shall include a comparison of the information for the current quarter to the information in the same quarter in each of the prior three years, where such prior information is available.

§ 2.  This local law takes effect immediately.

CJG/DA

5/15/16 2:15 PM