New York City Council Header
File #: Int 1701-2017    Version: * Name: Requiring the PD to obtain parental consent prior to a minor serving in an identification procedure.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Public Safety
On agenda: 9/7/2017
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 obtain parental consent prior to a minor serving in an identification procedure.
Sponsors: Rory I. Lancman
Council Member Sponsors: 1
Summary: This bill would require the New York City Police Department to obtain the written consent of a parent or guardian of any minor prior to placing them in a lineup procedure.
Attachments: 1. Summary of Int. No. 1701, 2. Int. No. 1701, 3. September 7, 2017 - Stated Meeting Agenda with Links to Files

Int. No. 1701

 

By Council Member Lancman

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to obtain parental consent prior to a minor serving in an identification procedure.

 

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 14-168 to read as follows:

§ 14-168. Use of minors in an identification procedure.

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

Consent form. The term “consent form” means a written document that includes the following:

1. a description of the lineup procedure;

2. the time, date, and location of the lineup;

3. the name of the supervising officer;

4. if the minor’s image or likeness will be used in any other identification procedure; and

5. a space for the signature of the minor’s parent or legal guardian to provide consent to the procedure.

Lineup. The term “lineup” means a department arranged identification procedure in which a criminal suspect is placed in a line with non-suspect participants for the purpose of identification by a witness.  

3. Minor. The term “minor” means any person under the age of 18.

4. Non-suspect participant. The term “non-suspect participant” means a person who is not a suspect for the crime being investigated but is participating in a lineup as a filler.

b. Use of minors in an identification procedure. The department shall obtain a consent form prior to the participation of a minor as a non-suspect participant in a lineup.  Such consent form shall be signed and dated by such minor’s parent or legal guardian.

§ 2. This local law takes effect immediately.

 

 

 

LS 11213

AM/DA

8/30/17