The New York City Council - File #: Int 2012-2020

• File #: Int 2012-2020
• Version: *
• Name: Requiring the police dept to report on custodial interrogations of minors,
• Type: Introduction
• Status: Filed (End of Session)
• Committee: Committee on Public Safety
• On agenda: 7/28/2020
• Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to report on custodial interrogations of minors
• Sponsors: Public Advocate Jumaane Williams, Margaret S. Chin
• Council Member Sponsors: 2
• Summary: This bill would require the commissioner of the New York City Police Department (“NYPD”) to issue a quarterly report on custodial interrogations of minors. Such report would include the total number of times the department attempted to conduct a custodial interrogation of a minor in the previous quarter, disaggregated by: the race, age, and gender of the minor; the precinct of the arresting officer; the borough where the arrest took place; whether a parent or legal guardian of the minor was informed of the arrest prior to the interrogation; whether the minor spoke to an attorney prior to the interrogation; whether the minor was notified of their Miranda Rights; and whether the minor waived such rights. The first report would be due on January 31, 2021 and would be posted on the NYPD website and submitted to the Council, Mayor, and Public Advocate.
• Indexes: Report Required

Date	Ver.	Prime Sponsor	Action By	Action	Result
12/31/2021	*	Public Advocate Jumaane Williams	City Council	Filed (End of Session)
7/28/2020	*	Public Advocate Jumaane Williams	City Council	Referred to Comm by Council
7/28/2020	*	Public Advocate Jumaane Williams	City Council	Introduced by Council

Int. No. 2012

By The Public Advocate (Mr. Williams) and Council Member Chin

A Local Law to amend the administrative code of the city of New York, in relation to requiring the police department to report on custodial interrogations of minors

Be it enacted by the Council as follows:

Section 1. Title 14 of the administrative code of the city of New York is amended by adding a new section 14-185 to read as follows:

§ 14-185 Report on the custodial interrogation of minors. a. Definition. For the purposes of this section, the term “minor” means a person under the age of 18 years old.

b. No later than January 30, 2021, and no later than 30 days after the end of each quarter thereafter, the commissioner shall submit to the speaker of the council, the mayor and the public advocate and post on the department’s website a report containing the total number of attempted custodial interrogations of minors for the previous quarter, disaggregated by:

1. The race of the minor;

2. The age of the minor;

3. The gender of the minor;

4. The precinct of the arresting officer;

5. The borough where the arrest occurred;

6. Whether a parent or legal guardian was notified of the arrest prior to the attempted interrogation;

7. Whether the minor spoke to an attorney prior to the attempted interrogation;

8. Whether the minor was notified of the following:

(a) The minor's right to remain silent;

(b) That the statements made by the minor may be used in a court of law;

(c) The minor’s right to have an attorney present at an interrogation; and

(d) The minor’s right to have an attorney provided for the minor without charge if the minor is unable to afford counsel; and

9. Whether the minor affirmatively waived each right listed in subparagraphs (a) through (d) of paragraph 8.

c. Reports required pursuant to this section shall not contain personally identifiable information. If a category contains between one and five minors, or contains an amount that would allow another category that contains between one and five minors to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of minors.

§ 2. This local law takes effect immediately.

AM

LS #12438

2/28/20