New York City Council Header
File #: Int 1636-2017    Version: Name: Requiring the office of criminal justice to address erroneous criminal and juvenile records.
Type: Introduction Status: Enacted
Committee: Committee on Public Safety
On agenda: 6/6/2017
Enactment date: 12/31/2017 Law number: 2018/021
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the office of criminal justice to address erroneous criminal and juvenile records
Sponsors: Corey D. Johnson, Vincent J. Gentile, Vanessa L. Gibson, Ben Kallos, Costa G. Constantinides, Carlos Menchaca
Council Member Sponsors: 6
Summary: This bill requires the Office of Criminal Justice to address issues related to erroneous criminal records, and to issue an annual report related to these activities. It also requires the New York City Police Department to respond to certain requests related to erroneous criminal records within three business days.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1636-A, 2. Summary of Int. No. 1636, 3. Int. No. 1636, 4. June 6, 2017 - Stated Meeting Agenda with Links to Files, 5. Committee Report 10/16/17, 6. Hearing Testimony 10/16/17, 7. Hearing Transcript 10/16/17, 8. Proposed Int. No. 1636-A - 11/27/17, 9. Committee Report 11/29/17, 10. Hearing Transcript 11/29/17, 11. November 30, 2017 - Stated Meeting Agenda with Links to Files, 12. Hearing Transcript - Stated Meeting 11-30-17, 13. Minutes of the Stated Meeting - November 30, 2017, 14. Fiscal Impact Statement, 15. Int. No. 1636-A (FINAL), 16. Legislative Documents - Letter to the Mayor, 17. Local Law 21
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2017ACorey D. Johnson Administration City Charter Rule Adopted  Action details Meeting details Not available
12/18/2017ACorey D. Johnson Mayor Hearing Scheduled by Mayor  Action details Meeting details Not available
11/30/2017ACorey D. Johnson City Council Sent to Mayor by Council  Action details Meeting details Not available
11/30/2017ACorey D. Johnson City Council Approved by CouncilPass Action details Meeting details Not available
11/29/2017*Corey D. Johnson Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
11/29/2017*Corey D. Johnson Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
11/29/2017*Corey D. Johnson Committee on Public Safety Amended by Committee  Action details Meeting details Not available
11/29/2017ACorey D. Johnson Committee on Public Safety Approved by CommitteePass Action details Meeting details Not available
10/16/2017*Corey D. Johnson Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
10/16/2017*Corey D. Johnson Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
6/6/2017*Corey D. Johnson City Council Introduced by Council  Action details Meeting details Not available
6/6/2017*Corey D. Johnson City Council Referred to Comm by Council  Action details Meeting details Not available

Int. No. 1636-A

 

By Council Members Johnson, Gentile, Gibson, Kallos, Constantinides and Menchaca

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the office of criminal justice to address erroneous criminal and juvenile records

 

Be it enacted by the Council as follows:

 

Section 1. Title 9 of the administrative code of the city of New York is amended by adding a new section 9-304 to read as follows:

§ 9-304 Erroneous criminal records.

a. It shall be a policy of the office to use best efforts to:

1. Seek a reduction in erroneous criminal and juvenile records, including but not limited to records of arrests that are not associated with a criminal prosecution.

2. Take all practicable measures to identify the root causes of erroneous criminal and juvenile records and propose solutions to address such causes.

3. Seek the existence of efficient processes through which erroneous criminal or juvenile records may be rectified, and that members of the public are made aware of such processes.

b. Within 30 days of the beginning of each calendar year, commencing in 2019, the office shall issue an annual report to the mayor and the council, and publish such report on the office’s website, regarding actions taken pursuant to this section during the previous calendar year.

§ 2. Title 14 of the administrative code of the city of New York is amended by adding a new section 14-170 to read as follows:

§ 14-170 Erroneous records. The department shall make best efforts to provide records necessary to rectify erroneous criminal records related to voided arrests within three business days of the request for such records, provided that such request includes sufficient information for the department to identify such arrest and such records are in the custody of the department. For the purpose of this section, the term “voided arrest” means any instance in which the department forwards fingerprints of an individual pursuant to section 160.20 of the criminal procedure law, and the department does not refer such individual for criminal prosecution pursuant to section 140.20 of the criminal procedure law.

§ 3. Section 1 of this local law takes effect 90 days after it becomes law, and section 2 of this local law takes effect 30 days after it becomes law. 

LS # 8525

BC

11/22/17 5:41 PM