As previously communicated, on June 18, the New York City Council passed a package of six so-called police reform bills by overwhelming margins. Today, July 15, 2020, Mayor de Blasio has signed those bills and enacted them into law. Below are descriptions of each, along with their effective dates.
Introduction No. 487-A—Public Oversight of Surveillance Technology (POST) Act
- Requires the reporting and evaluation of surveillance technologies used by the NYPD
- NYPD to issue a surveillance impact and use policy about these technologies, including information on surveillance technologies such as the description and capabilities, rules, processes and guidelines, and any safeguards and security measures designed to protect the information collected
Introduction No. 536-B—Unlawful Restraint
- Establishes a strict liability misdemeanor offense for, while in the course of effecting an arrest, either,
- Restraining individual in manner that restricts flow of air/blood by compressing the windpipe or the carotid arteries on each side of the neck; or
- Sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm
- Effective immediately upon signature by the Mayor
Introduction No. 721-B—Right to Record
- Codifies an individual’s right to record official activity of police officers or peace officers
- Expressly does not permit physical interference with official and lawful police activity
- Establishes a private right of action for any individual claiming that right to record was infringed
- Effective thirty days after signature by the Mayor
Introduction No. 760-B—Early Intervention System
- Requires the NYPD to maintain a centralized system to record, track, review, and evaluate officer activity and to identify officers in need of enhanced training, monitoring, or reassignment
- Identifies thirteen categories of information that must be collected and utilized, such as CCRB complaints and investigations; departmental and IAB complaints and investigations; use of force incidents; criminal arrests or investigations of an officer; patrol guide violations; and disciplinary actions
- Requires NYPD to post annual report on the use of the early intervention system
- Effective on September 1, 2020
Introduction No. 1309-B—Disciplinary Matrix
- Requires the NYPD to develop and post on its website an internal disciplinary matrix setting forth a schedule of violations and related penalties for violations of NYPD rules of conduct by MOS
- Requires the NYPD to report on the total number and percentage of times that the Commissioner deviates from the matrix
- Effective immediately upon signature by the Mayor
Pre-considered Introduction No. 1962-A
- Requires that the shield number and rank designation of a MOS be visible at all times
- Establishes a private right of action when a MOS refuses to make shield number or rank designation visible at the request of an individual
- Effective immediately upon signature by the Mayor
This package of legislation is in addition to a series of laws passed by the NYS legislature and signed by the Governor last month, all of which greatly impact our members. The DEA has been working tirelessly in conjunction with other law enforcement unions to develop a strategy to protect our members. The first part of implementing that strategy commenced today with the filing of a lawsuit to attempt to stop the anticipated voluntary release by the City of New York of all personnel records of all MOS, since the repeal of 50-A. Attorneys for the DEA, PBA, SBA, LBA, CEA, COBA, UFA, and UFOA successfully obtained a temporary restraining order in New York State Supreme Court to stop the imminent release of those records while we challenge the City’s ability to publish those records. Additionally, given the Mayor’s announcement that he is signing the unlawful restraint bill today, the DEA, along with some of the other NYPD unions, have engaged one of the preeminent constitutional lawyers in the country to challenge that law on the grounds that it violates the due process clause of the United States Constitution, and is pre-empted by already existing state law covering the use of such restraints.
While the DEA continues to pursue these and other avenues to challenge the misguided legislative changes enacted by the City and State, we implore our members out on the street to first and foremost stay safe and protect yourselves and your partners.
PLEASE KNOW THESE LAWS & STAY SAFE
Paul DiGiacomo, President & The DEA Board of Officers