Int. No. 1589
By Council Members Borelli, Brannan and Yeger
A Local Law to amend the administrative code of the city of New York, in relation to requiring reporting on assaults on fire and emergency medical service personnel
Be it enacted by the Council as follows:
Section 1. Title 15 of the administrative code of the city of New York is amended by adding a new section 15-140 to read as follows:
§ 15-140 Assaults on fire and emergency medical service personnel. No later than January 15, 2021, and within fifteen days after the beginning of each subsequent year, the department shall submit to council and post on its website a report relating to incidents of workplace violence reported by department personnel. All data pursuant to this section shall be reported in total and disaggregated by whether the employee who was a victim of such incident is a member of the department’s division of emergency medical services. Such report shall include, but need not be limited to, the following information for the prior year: the number of incidents reported pursuant to the department’s workplace violence policy or any successor policies, disaggregated by whether the perpetrator of the alleged incident was a member of the department, and the number of department personnel who took medical leave as a result of an incident of workplace violence, and the mean and median periods of such leave.
§ 2. Title 14 of the administrative code of the city of New York is amended by adding a new section 14-181 to read as follows:
§ 14-181 Assaults on fire and emergency medical service personnel. No later than January 15, 2021, and within fifteen days after the beginning of each subsequent year, the department shall submit to council and post on its website a report relating to incidents involving assaults against on-duty fire or emergency medical service personnel. All data pursuant to this section shall be reported in total and disaggregated by whether the victim of such incident is a member of the fire department’s division of emergency medical services. Such report shall include, but need not be limited to, the following information for the prior year: the number of occasions in which the department responds to or investigates an alleged assault against an on-duty member of the fire department, and the number of arrests for a violation of sections 120.08 or subdivision 3 of section 120.05 of the penal law in which the victim is a member of the fire department.
§3. Title 9 of the administrative code of the city of New York is amended by adding a new chapter 4 to read as follows:
CHAPTER 4
DISTRICT ATTORNEYS
§ 9-401 Definitions. For the purposes of this chapter, the following terms have the following meanings:
Office. The term “office” means the office of any district attorney in the city of New York.
§ 9-402 Assaults on fire and emergency medical service personnel. No later than January 15, 2021, and within fifteen days after the beginning of each subsequent year, each office shall submit to council and post on its website a report relating to the prosecution of assaults against on-duty fire and emergency service personnel. All data pursuant to this section shall be reported in total and disaggregated by whether the victim of such incident is a member of the fire department’s division of emergency medical services. Such report shall include, but need not be limited to, the following information for the prior year:
a. The number of cases prosecuted in which a defendant was charged with sections 120.08 or subdivision 3 of section 120.05 in which the alleged victim was a member of the fire department, in total and disaggregated by top charge;
b. The number of cases prosecuted in which a defendant was charged with sections 120.08 or subdivision 3 of section 120.05 of the penal law in which the alleged victim was a member of the fire department, disaggregated by case outcome in the following categories: (i) dismissed; (ii) adjourned in contemplation of dismissal; (iii) convicted of a violation; (iv) convicted of a misdemeanor; and (v) convicted of a felony, in total and disaggregated by whether such felony was violent as defined in the penal law; and
c. The information in romanettes iii, iv, and v of subdivision b of this section, disaggregated by case outcome in the following categories: (a) sentenced to a conditional discharge, in total and disaggregated by whether such sentence required the completion of any form of programming; (b) sentenced to probation; (c) sentenced to a definite period of imprisonment, in total and disaggregated by whether such sentence was between zero and 15 days, 15 and 45 days, 45 days and six months, and over six months; and (d) sentenced to a determinate or indeterminate period of imprisonment, in total and disaggregated by whether such sentence was determinate or indeterminate, and also disaggregated by whether such sentence was between zero and two years, two and five years, or five and fifteen years. For the purposes of this paragraph, indeterminate sentences shall be calculated using the point at which the sentenced person would be subject to a conditional release.
§ 4. This local law takes effect immediately.
JDK
LS #9067
5/28/19