File #: Int 0948-2023    Version: Name: Requiring the New York City Police Department to report information and data regarding the department operations.
Type: Introduction Status: Enacted
Committee: Committee on Public Safety
On agenda: 3/2/2023
Enactment date: 1/20/2024 Law number: 2024/029
Title: A Local Law to amend the administrative code of the city of New York, relation to requiring the New York City Police Department to report information and data regarding the department operations
Sponsors: Farah N. Louis, Nantasha M. Williams, Charles Barron, Kristin Richardson Jordan, Carmen N. De La Rosa, Lincoln Restler, Crystal Hudson, Carlina Rivera , Tiffany Cabán
Council Member Sponsors: 9
Summary: The bill would expand the scope of existing reports required to be produced by the New York City Police Department (“NYPD”). Such reporting includes, but is not limited to, disclosure of information and data related to the NYPD’s use of stop-question-and-frisk, its deployment of officers and use of overtime spending, and crime status information, such as data on criminal complaints, arrests, and summons issued. Additionally, all such reports would be required to be publicly posted on the NYPD’s website.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 948-A, 2. Summary of Int. No. 948, 3. Int. No. 948, 4. March 2, 2023 - Stated Meeting Agenda, 5. Hearing Transcript - Stated Meeting 3-2-23, 6. Minutes of the Stated Meeting - March 2, 2023, 7. Committee Report 3/27/23, 8. Hearing Testimony 3/27/23, 9. Hearing Transcript 3/27/23, 10. Proposed Int. No. 948-A - 12/15/23, 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. 948-A (FINAL), 18. Fiscal Impact Statement, 19. Legislative Documents - Letter to the Mayor
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
1/20/2024AFarah N. Louis Administration City Charter Rule Adopted  Action details Meeting details Not available
1/19/2024AFarah N. Louis City Council Returned Unsigned by Mayor  Action details Meeting details Not available
12/20/2023AFarah N. Louis City Council Sent to Mayor by Council  Action details Meeting details Not available
12/20/2023AFarah N. Louis City Council Approved by CouncilPass Action details Meeting details Not available
12/20/2023*Farah N. Louis Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
12/20/2023*Farah N. Louis Committee on Public Safety Amendment Proposed by Comm  Action details Meeting details Not available
12/20/2023*Farah N. Louis Committee on Public Safety Amended by Committee  Action details Meeting details Not available
12/20/2023AFarah N. Louis Committee on Public Safety Approved by CommitteePass Action details Meeting details Not available
3/27/2023*Farah N. Louis Committee on Public Safety Hearing Held by Committee  Action details Meeting details Not available
3/27/2023*Farah N. Louis Committee on Public Safety Laid Over by Committee  Action details Meeting details Not available
3/2/2023*Farah N. Louis City Council Referred to Comm by Council  Action details Meeting details Not available
3/2/2023*Farah N. Louis City Council Introduced by Council  Action details Meeting details Not available

Int. No. 948-A

 

By Council Members Louis, Williams, Barron, Richardson Jordan, De La Rosa, Restler, Hudson, Rivera and Cabán

 

A Local Law to amend the administrative code of the city of New York, relation to requiring the New York City Police Department to report information and data regarding the department operations

 

Be it enacted by the Council as follows:

 

Section 1. Subdivision a, the opening paragraph of subdivision b, and subdivisions c, d and e of section 14-150 of the administrative code of the city of New York, subdivision a as added by local law number 55 for the year 2001, paragraph 3 of such subdivision a as amended by local law number 5 for the year 2005, paragraph 4 of such subdivision a as separately amended by local law number 71 for the year 2016 and by local law number 108 for the year 2016, paragraph 5 of such subdivision a as amended by local law number 71 for the year 2016, paragraph 8 of such subdivision a as amended by local law number 186 for the year 2019, the opening paragraph of subdivision b as added, and subdivision c as amended and relettered, by local law number 1 for the year 2009, subdivision d as amended by section 1 of part KK of chapter 54 of the laws of 2016, and subdivision e as added by local law number 38 for the year 2019, are amended to read as follows:

a. The New York City Police Department shall submit to the city council, and post on its website in a machine-readable format, on a quarterly basis the following [materials,] data and reports:

1. [All academy, in-service, roll-call and other specialized department training materials and amendments thereto distributed to cadets, recruits, officers and other employees of the department, except where disclosure of such material would reveal non-routine investigative techniques or confidential information or where disclosure could compromise the safety of the public or police officers or could otherwise compromise law enforcement investigations or operations. 

3.] A report detailing the number of uniformed personnel and civilian personnel assigned to each and every patrol borough and operational bureau performing an enforcement function within the police department, including, but not limited to, each patrol precinct, housing police service area, transit district and patrol borough street crime unit, as well as the narcotics division, fugitive enforcement division and the special operations division including its subdivisions, but shall not include internal investigative commands and shall not include undercover officers assigned to any command. Such report shall also include, for each school operated by the department of education to which school safety agents are assigned, the number of school safety agents, averaged for the quarter, assigned to each of those schools.

[4] 2. A crime status report. Such report shall include the total number of crime complaints (categorized by class of crime, indicating whether the crime is a misdemeanor or felony) for each patrol precinct, including a subset of housing bureau and transit bureau complaints within each precinct; arrests (categorized by class of crime, indicating whether the arrest is for a misdemeanor or felony) for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; summons activity (categorized by type of summons, indicating whether the summons is a parking violation, moving violation, environmental control board notice of violation, or criminal summons) for each patrol precinct, housing police service area and transit district; domestic violence radio runs for each patrol precinct; average response time for critical and serious crimes in progress for each patrol precinct[; overtime statistics for each patrol borough and operational bureau performing an enforcement function within the police department, including, but not limited to, each patrol precinct, housing police service area, transit district and patrol borough street crime unit, as well as the narcotics division, fugitive enforcement division and the special operations division, including its subdivisions, but shall not include internal investigative commands and shall not include undercover officers assigned to any command]. Such report shall also include the total number of complaints of all sex offenses as defined in article 130 of the New York state penal law, in total and disaggregated by the following offenses: rape as defined in sections 130.25, 130.30, and 130.35; criminal sexual act as defined in sections 130.40, 130.45, and 130.50; misdemeanor sex offenses as defined in sections 130.20, 130.52, 130.55, and 130.60; sexual abuse as defined in sections 130.65, 130.65-a, 130.66, 130.67, and 130.70; course of sexual conduct against a child as defined in sections 130.75 and 130.80; and predatory sexual assault as defined in sections 130.95 and 130.96. Such report shall also include the total number of major felony crime complaints for all properties under the jurisdiction of the department of parks and recreation[, pursuant to the following timetable:

1. Beginning January first, two thousand fourteen, the thirty largest parks, as determined by acreage;

2. Beginning June first, two thousand fourteen, the one hundred largest parks, as determined by acreage;

3. Beginning January first, two thousand fifteen, the two hundred largest parks, as determined by acreage;

4. Beginning January first, two thousand sixteen, the three hundred largest parks, as determined by acreage;

5. Beginning January first, two thousand seventeen, all parks one acre or greater in size; and

6. Beginning January first, two thousand eighteen, all public pools, basketball courts, recreation centers, and playgrounds that are not located within parks one acre or greater in size.

The department shall conspicuously post all quarterly reports of major felony crime complaints for properties under the jurisdiction of the department of parks and recreation online via the department's website within five business days of the department's submission of such reports to the council].

[5.] 3. A report based on the information provided in the department's Stop, Question and Frisk Report Worksheet and any successor form or worksheet. Such report shall include the number of stop, question and frisks for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a breakdown of the number of stop, question and frisks by race and gender for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; the number of suspects arrested or issued a criminal or civil summons as indicated on each stop, question and frisk report for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a breakdown by race and gender of the suspects arrested or issued a criminal or civil summons as indicated on each stop, question and frisk report for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division; a listing, by category, of the factors leading to the stop, question and frisk for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division, with a breakdown by race and gender for each listed factor; and a summary of complaints of violent felony crime for each patrol precinct, with a breakdown by race and gender of the suspect as identified by the victim.

[6. A report, for each patrol precinct, housing police service area, transit district, street crime unit and narcotics division, of the number of summonses issued for moving violations, with a breakdown by race and gender. Such report shall be generated using data provided by the State Department of Motor Vehicles at such time as the State Department of Motor Vehicles amends its traffic summons to reflect such race and gender information.

7. A report of the number of positions that are civilianizable, including a listing of each position by job title, and the number of positions that were civilianized. "Civilianizable" shall mean any position that does not require uniformed expertise.]

4.  A report on overtime spending that shall include:

                     (a) The amount of overtime spending for each patrol borough and operational bureau performing an enforcement or investigative function within the department, including but not limited to, each patrol precinct, housing police service area, transit district, narcotics division, fugitive enforcement division, and the special operations division, including its subdivisions, but not including internal investigative commands nor undercover officers assigned to any command. Such information shall be further disaggregated by the amount of overtime spending for each of the following categories: parades; protests or demonstrations; street fairs; sports or entertainment events; any other planned events; any unplanned events; supplemental patrol; investigative work; arrests; training; and any other category as determined by the department, further disaggregated by ranks of officers.

(b) A list of all such planned and unplanned events, including but not limited to, parades, protests or demonstrations, street fairs, and sports or entertainment events, and for each such event, the total amount of overtime spending and overtime hours for such event, disaggregated by ranks of officers; the numbers of officers assigned to the event, disaggregated by ranks of officers; and the average number of overtime hours required for each such officer assigned to the event, disaggregated by ranks of officers; and 

(c) The total number of overtime hours for uniformed personnel projected by the department for the upcoming quarter in each precinct, disaggregated by the number of such hours projected for each of the following categories: parades; protests or demonstrations; street fairs; sports or entertainment events; any other planned events; any unplanned events; supplemental patrol; investigative work; arrests; training; and any other category as determined by the department.

[8.] 5. A report of the number of firearms, including ghost guns and firearms created using a three-dimensional printer, or any piece or part thereof, possessed in violation of law that have been seized, disaggregated by precinct and type of firearm. Such report shall also include, disaggregated by precinct: (i) the number of arrests made and type of crimes charged involving firearms possessed in violation of law, including arrests for the distribution and sale of such firearms; and (ii) the total number and type of firearms recovered in the course of arrests made.

b. The New York city police department shall submit to the city council and post on its website on an annual basis a firearms discharge report, which shall include [substantially the same information and data categories, disaggregated in substantially the same manner, as the department's 2007 Annual Firearms Discharge Report. It shall also include, at a minimum, in tabular form], but need not be limited to, the following information for the prior year:

c. [The] Notwithstanding any other provision of law, the information, data and reports requested in subdivisions a and b shall be provided to the council and posted on the department’s website, and may be transmitted in electronic format to the department of records and information services, or its successor agency, except  where disclosure of such material could compromise the safety of the public or police officers or could otherwise compromise law enforcement operations. Notwithstanding any other provision of law, the information, data and reports requested in [subdivisions a and b] subdivision f are not required to be transmitted in electronic format to the department of records and information services, or its successor agency, and are not required to be made available to the public on or through the department of records and information services' web site, or its successor's web site, and are not required to be provided to the council where disclosure of such materials could compromise the safety of the public or police officers or could otherwise compromise law enforcement operations. These reports shall be provided to the council within 30 days of the end of the reporting period to which the reports correspond or for which the relevant data may be collected, whichever is later. Where necessary, the department may use preliminary data to prepare the required reports and may include an acknowledgment that such preliminary data is non-final and subject to change.

d. The New York city police department shall submit to the [city] speaker of the council, the governor, the temporary president of the state senate and the speaker of the state assembly and post on its website annually a report detailing the total number of criminal complaints and arrests, categorized by class of crime, for violent felony offenses as defined in section 70.02 of the penal law, assault and related offenses as defined in article one hundred twenty of the penal law, sex offenses as defined in article one hundred thirty of the penal law, disorderly conduct as defined in section 240.20 of the penal law, harassment as defined in section 240.25 and 240.26 of the penal law, aggravated harassment as defined in section 240.30 and 240.31 of the penal law, and offenses against public sensibilities as defined in article two hundred forty-five of the penal law, where the conduct occurs on subway lines and bus routes operated by the New York city transit authority or the Staten Island rapid transit operating authority, specifying where such criminal conduct has occurred by police precinct, including specific subway line, subway transit division, and bus route operated by the New York city transit authority or the Staten Island rapid transit operating authority. Such report shall contain a separate tabulation for employees of the authority, passengers and other non-employees. Such report shall specify which bus routes had the greatest number of criminal complaints and arrests. Such statistics shall be tabulated on a monthly basis and on an annual basis and shall be maintained and transmitted in an electronic format to the department of records and information services, or its successor agency, and be made available to the public on or through the department of records and information services' website, or its successor's website. Such statistics shall be first made available on such website ninety days after the effective date of this subdivision and shall be updated on at least a monthly basis thereafter.

e. Report on domestic violence factors. [a.] 1. For the purposes of this subdivision, the following terms have the following meanings:

Chronic domestic violence case. The term "chronic domestic violence case" means crimes determined by the department to be related to domestic violence that involve a chronic offender.

Chronic offender. The term "chronic offender" means a perpetrator who has been arrested three or more times in an 18-month period for a crime determined by the department to be related to domestic violence.

Domestic violence. The term "domestic violence" means any crime as determined by the department, not including those done in self-defense, when committed against a family or household member as determined by the department.

Perpetrator. The term "perpetrator" means a person who has or who is alleged to have committed domestic violence.

[b.] 2. Beginning June 1, 2019 and annually thereafter, the department shall submit to the mayor and speaker of the council and shall post on its website, an annual report regarding certain domestic violence initiatives, indicators, and factors in the city. Such report shall include, but need not be limited to the following:[1.] (a) The total number of domestic violence complaints, disaggregated by precinct;

[2.] (b) The total number of chronic domestic violence complaints, disaggregated by borough;

[3.] (c) The total number of domestic violence offenders, disaggregated by precinct;

[4.] (d) The total number of chronic offenders, disaggregated by precinct;

[5.] (e) The scope of outreach efforts by the department to victims of domestic violence in cases where a perpetrator violates an order of protection issued by a court of competent jurisdiction; and

[6.] (f) Any other interventions by the department that relate to domestic violence.

§ 2. Section 14-150 of the administrative code of the city of New York is amended by adding a new subdivision f to read as follows:

f. Reports to the council. Each quarter the department shall provide to the speaker of the council:

1. All academy, in-service, roll-call and other specialized department training materials and amendments thereto distributed to cadets, recruits, officers and other employees of the department, except where disclosure of such material would reveal non-routine investigative techniques or confidential information or where disclosure could compromise the safety of the public or police officers or could otherwise compromise law enforcement investigations or operations.

2. A report of the number of positions that are civilianizable, including a listing of each such position by job title, and the number of such positions that were civilianized. For purposes of this subdivision, the term “civilianizable” means any position that does not require uniformed expertise.

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

 

 

 

 

 

JDK

LS #4976/12238

12/8/2023