File #: Int 1766-2017    Version: * Name: Prohibiting sexual contact between police and peace officers and individuals in their custody.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Public Safety
On agenda: 11/16/2017
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to prohibiting sexual contact between police and peace officers and individuals in their custody
Sponsors: Mark Treyger, Annabel Palma
Council Member Sponsors: 2
Summary: The proposed local law would establish a misdemeanor offense to apply when any police or peace officer engages in sexual contact with an individual in police custody.
Attachments: 1. Summary of Int. No. 1766, 2. Int. No. 1766, 3. November 16, 2017 - Stated Meeting Agenda with Links to Files

Int. No. 1766

By Council Members Treyger and Palma

 

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting sexual contact between police and peace officers and individuals in their custody

 

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-179 to read as follows:

§ 10-179 Sexual contact between police and peace officers and individuals in their custody.

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

Custody. The term “custody” has its ordinary meaning and occurs when an individual is not free to leave.

Peace officer. The term “peace officer” has the same meaning as that in section 1.20 of the criminal procedure law.

Police officer. The term “police officer” has the same meaning as that in section 1.20 of the criminal procedure law.

Sexual contact. The term “sexual contact” has the same meaning as that in section 130.00 of the penal law.

b. Unlawful sexual contact between police and peace officers and individuals in their custody.

It is unlawful for a police or peace officer to engage in sexual contact with an individual in custody.

c. Criminal prohibition. The violation of subdivision b is a misdemeanor punishable by up to one year in jail, or a fine of up to $1,000, or both.

§ 2. This local law takes effect immediately.

BC/DA/JK

LS 11805

11/10/17