File #: Int 0538-2022    Version: Name: Requiring the New York police department to report on instances in which an individual denied an officer consent to a search
Type: Introduction Status: Enacted
Committee: Committee on Public Safety
On agenda: 6/16/2022
Enactment date: 1/20/2024 Law number: 2024/020
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the New York police department to report on instances in which an individual denied an officer consent to a search
Sponsors: Crystal Hudson, Shahana K. Hanif, Julie Won, Alexa Avilés, Farah N. Louis, Nantasha M. Williams, Jennifer Gutiérrez, Lincoln Restler, Kevin C. Riley, Selvena N. Brooks-Powers, Pierina Ana Sanchez, Carmen N. De La Rosa, Amanda Farías, Sandy Nurse, Mercedes Narcisse, Chi A. Ossé, Rita C. Joseph, Kristin Richardson Jordan, Tiffany Cabán, Julie Menin, Erik D. Bottcher, Shekar Krishnan, Shaun Abreu, Keith Powers , Lynn C. Schulman, Oswald Feliz, Christopher Marte, Gale A. Brewer, Charles Barron, Althea V. Stevens, Carlina Rivera , Adrienne E. Adams, Public Advocate Jumaane Williams, (by request of the Brooklyn Borough President)
Council Member Sponsors: 33
Summary: This bill would require the New York City Police Department (“NYPD”) to report on instances in which an individual denies consent to a search, and information pertaining to circumstances involved in such attempt to obtain consent to search.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 538-A, 2. Summary of Int. No. 538, 3. Int. No. 538, 4. June 16, 2022 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 6-16-22, 6. Minutes of the Stated Meeting - June 16, 2022, 7. Committee Report 3/27/23, 8. Hearing Testimony 3/27/23, 9. Hearing Transcript 3/27/23, 10. Proposed Int. No. 538-A - 12/14/23, 11. Committee Report 12/20/23, 12. Hearing Testimony 12/20/23, 13. Hearing Transcript 12/20/23, 14. Committee Report - Stated Meeting, 15. December 20, 2023 - Stated Meeting Agenda, 16. Hearing Transcript - Stated Meeting 12-20-23, 17. Int. No. 538-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/20/2024ACrystal Hudson Administration City Charter Rule Adopted  Action details Meeting details Not available
1/19/2024ACrystal Hudson City Council Returned Unsigned by Mayor  Action details Meeting details Not available
12/20/2023ACrystal Hudson City Council Sent to Mayor by Council  Action details Meeting details Not available
12/20/2023ACrystal Hudson City Council Approved by CouncilPass Action details Meeting details Not available
12/20/2023*Crystal Hudson Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
12/20/2023*Crystal Hudson Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
12/20/2023*Crystal Hudson Committee on Public Safety Amended by Committee  Action details Meeting details Not available
12/20/2023ACrystal Hudson Committee on Public Safety Approved by CommitteePass Action details Meeting details Not available
3/27/2023*Crystal Hudson Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
3/27/2023*Crystal Hudson Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
6/16/2022*Crystal Hudson City Council Referred to Comm by Council  Action details Meeting details Not available
6/16/2022*Crystal Hudson City Council Introduced by Council  Action details Meeting details Not available

Int. No. 538-A

 

By Council Members Hudson, Hanif, Won, Avilés, Louis, Williams, Gutiérrez, Restler, Riley, Brooks-Powers, Sanchez, De La Rosa, Farías, Nurse, Narcisse, Ossé, Joseph, Richardson Jordan, Cabán, Menin, Bottcher, Krishnan, Abreu, Powers, Schulman, Feliz, Marte, Brewer, Barron, Stevens, Rivera, The Speaker (Council Member Adams) and the Public Advocate (Mr. Williams) (by request of the Brooklyn Borough President)

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the New York police department to report on instances in which an individual denied an officer consent to a search

 

Be it enacted by the Council as follows:

 

Section 1. Paragraph 2 of subdivision b of section 14-173 of the administrative code of the city of New York, as added by local law number 56 for the year 2018, is amended to read as follows:

2. Document the time, location, and date of any such request for consent to search[,]; whether consent was sought to search a person, including to collect a forensic sample to be used to test a person’s DNA, vehicle, home, or property; whether such consent was sought from a person with limited English proficiency, and whether the officer utilized interpretation services and, if so, the type of interpretation services utilized, including but not limited to the use of language line services, a certified interpreter pursuant to the language initiative program, or other interpretation service authorized pursuant to the department’s language access plan; and the apparent race/ethnicity, gender, and age of the person [who was the subject of such search] from whom consent to search was sought, and such  officer’s name, precinct, and shield number.

§ 2. Subdivision e of section 14-173 of the administrative code of the city of New York, as added by local law number 56 for the year 2018, is amended to read as follows:

e. Commencing within 30 days of the end of the quarter beginning on July 1, [2018] 2024, and within 30 days of the end of every quarter thereafter, the department shall post on its website a report of data collected from the preceding quarter pursuant to paragraph 2 of subdivision b, [specifically the] including, but not limited to:

1. The total number of consent searches conducted during the preceding quarter, disaggregated by the:

[1.] (a) Apparent race/ethnicity, gender, and age of the person [searched] from whom consent to search was sought; and

[2.] (b) Precinct where each search occurred[, and];

2. The total number of requests by an officer for consent to search where such consent was denied during the preceding quarter, disaggregated by the:

(a) Apparent race/ethnicity, gender, and age of the person from whom consent to search was sought;

(b) Precinct where each request to search was made;

3. The information required by subparagraph (b) of paragraph 1 of this subdivision, further disaggregated by [the]:

(a) The apparent race/ethnicity, gender, and age of the person [searched] from whom consent to search was sought;

(b) Whether consent was sought to search a person, vehicle, home or property or to collect a forensic sample to be used to test a person’s DNA;

(c) Whether the person from whom consent to search was sought was a person with limited English proficiency; and

(d) Whether the officer utilized interpretation services to obtain consent, further disaggregated by the type of interpretation service utilized; and

4. The information required by subparagraph (b) of paragraph 2 of this subdivision, further disaggregated by:

(a) The apparent race/ethnicity, gender, and age of the person from whom consent to search was sought;

(b) Whether consent was sought to search a person, vehicle, home or property or to collect a forensic sample to be used to test a person’s DNA;

(c) Whether the person from whom consent to search was sought was a person with limited English proficiency; and

(d) Whether the officer utilized interpretation services to obtain consent, further disaggregated by the type of interpretation service utilized.

§ 3. This local law takes effect July 1, 2024.

 

 

 

 

 

Session 12:

JDK, JW

LS 8407

12/7/23

 

Session 11:

AM

LS #9638

Int 1551-2019