N.Y.C. Admin. Code § L.L. 2018/056: L.L. 2018/056

Enactment date: 1/19/2018

Int. No. 541-C

By Council Members Reynoso, Torres, Williams, Lander, Dromm, Menchaca, Rose, Richards, Palma, Rosenthal, Johnson, Cornegy, Rodriguez, Levin, Chin, Kallos, Levine, Cumbo, Mendez, King, Ferreras-Copeland, Barron, Mealy, Espinal, Lancman, Miller, Salamanca, Eugene, Van Bramer, Gentile, Perkins, Treyger and Adams

A Local Law to amend the administrative code of the city of New York, in relation to requiring the New York police department to develop and provide guidance for its officers on obtaining consent to search individuals

Be it enacted by the Council as follows:

Section 1. Declaration of legislative intent and findings. The Council finds that many New Yorkers are unaware of their constitutional rights when interacting with law enforcement officers. The Council further finds that, according to reports issued by the Civilian Complaint Review Board from 2014-2016, alleged improper searches of persons, vehicles, and homes are a persistent source of civilian complaints related to alleged officer misconduct. Therefore, the Council finds that it is necessary for the Police Department to develop, with input from the community and Council, and provide guidance regarding advising individuals of their right to be secure against unreasonable searches and seizures, as provided by the Fourth Amendment to the United States Constitution, so that searches that are based solely on an individual's consent are predicated on an individual's voluntary, knowing, and intelligent consent. Furthermore, in the event the Department has to develop a procedure to document voluntary, knowing, and intelligent consent to search other than through the use of body-worn cameras, such procedure should be developed with community and Council input.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. Severability. If any portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.

§ 4. This local law takes effect 120 days after it becomes law, provided that paragraph 2 of subdivision b of section 14-173 of the administrative code of the city of New York, as added by section 2 of this local law, takes effect 9 months after it becomes law.