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File #: Int 2304-2021    Version: * Name: Revising criteria for enforcement of civil and criminal offenses for specified unlawful acts, and to repeal and replace section 14-155 of such code in relation thereto.
Type: Introduction Status: Committee
Committee: Committee on Public Safety
On agenda: 5/12/2021
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to revising criteria for enforcement of civil and criminal offenses for specified unlawful acts, and to repeal and replace section 14-155 of such code in relation thereto
Sponsors: Robert F. Holden
Council Member Sponsors: 1
Summary: This bill would require the New York City Police Department (NYPD) to review and revise its enforcement criteria for certain low-level, non-violent offenses. NYPD would be required to issue guidance to officers recommending that they use criminal enforcement for these offenses unless certain criteria are met to use civil enforcement.
Attachments: 1. Summary of Int. No. 2304, 2. Int. No. 2304, 3. May 12, 2021 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 5-12-21, 5. Minutes of the Stated Meeting - May 12, 2021

Int. No. 2304

 

By Council Member Holden

 

A Local Law to amend the administrative code of the city of New York, in relation to revising criteria for enforcement of civil and criminal offenses for specified unlawful acts, and to repeal and replace section 14-155 of such code in relation thereto

 

Be it enacted by the Council as follows:

 

Section 1. Section 14-155 of the administrative code of the city of New York is REPEALED and a new section 14-155 is added to read as follows:  

§ 14-155 Enforcement criteria. a. The department shall review and revise as appropriate its guidance regarding the determination of whether to use civil or criminal enforcement for specified unlawful acts, in accordance with the requirements of this section. Such guidance shall recommend that criminal enforcement be used for specified unlawful acts unless certain criteria specified by the department are met for the use of civil enforcement.

b. The department shall provide such guidance to its uniformed officers and make such guidance publicly available.  

c. Nothing in this section or in the administration or application thereof shall be construed as creating a right to be subject to civil or criminal enforcement or prosecution in connection with any alleged specified unlawful act, or as creating a private right of action on the part of any person or entity against the city of New York, the department or any official or employee thereof.  

§ 2. This local law takes effect 180 days after it becomes law, except that the police department shall take such measures as are necessary for the implementation of this local law before such date.

 

 

 

SG

LS #16080

4/19/21