NY State Senate Bill 2019-S4832

Senate Bill S4832

2019-2020 Legislative Session

Requires all agencies of the city of New York which issue summons to document violations with photographic evidence when feasible

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Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to cities
Jun 20, 2019	committed to rules
May 29, 2019	advanced to third reading
May 22, 2019	2nd report cal.
May 21, 2019	1st report cal.846
Mar 26, 2019	referred to cities

Votes

- May 21, 2019 - Committee Vote
  S4832
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 21, 2019
      
      aye (7)
      
      Comrie
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kavanagh
      
      Lanza
      
      Ramos

co-Sponsors

2019-S4832 (ACTIVE) - Details

See Assembly Version of this Bill:: A2617
Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add Title 7 Chap 10 §7-1001, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8218
2017-2018: S318, A1850
2021-2022: S6320, A1970
2023-2024: S2111, A4004

2019-S4832 (ACTIVE) - Summary

Requires all agencies of the city of New York which issue summons to document violations with photographic evidence when feasible.

2019-S4832 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4832

SPONSOR: FELDER
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to requiring all city agencies issuing summonses
to document violations by photographic evidence when possible and prac-
ticable

 
PURPOSE:

Requires all agencies of the city of New York which issue summons to
document violations with photographic evidence when feasible

 
SUMMARY OF PROVISIONS:

Section 1 amends Title 7 of the Administrative Code of New York City by
adding a new chapter 10 entitled "Evidence for Agency Summons"

Section 2 sets forth the effective date of this legislation.

JUSTIFICATION:

In the interest of promoting transparency and justice, this legislation
seeks to provide both New York City residents and New York City enforce-
ment agencies with the necessary tools to document administrative
violations as they occur. All agencies issuing summonses that are review
by the New York City Office of Administrative Trials and Hearings (OATH)
would be required to undergo an analysis of violations that could be
proven through the use of photographic evidence. Agencies would then
develop a list of violations that could be proven in this manner, and
require enforcement officers to document the substance of a summons
through use of photographic evidence. In circumstances where the captur-
ing of photographic evidence for these violations is impracticable,
enforcement officers would be required to indicate the reason why on the
face of an issued summons.

Furthermore, OATH would be required to include collected photographic
evidence relating to a summons on their existing website, giving
respondents the ability to quickly ascertain the nature of the evidence
against them. This process would allow respondents the ability to wage a
more effective appeal against a faulty summons, while also safeguarding
the City's interests when a valid summons has been issued for a
violation.

By implementing the mandatory use of photographic evidence on summonses
for which it is feasible to do so, the cost and burden associated with
addressing violations based upon insufficient evidence will be lessened
for both respondents and the City.

 
PRIOR LEGISLATIVE HISTORY:

2017/2018: S318

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4832 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4832
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2019
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to requiring all city agencies issuing summonses to document
   violations by photographic evidence when possible and practicable

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Title 7 of the administrative code of the city of New York
 is amended by adding a new chapter 10 to read as follows:
                                CHAPTER 10
                        EVIDENCE FOR AGENCY SUMMONS
   § 7-1001 PHOTOGRAPHIC EVIDENCE FOR AGENCY SUMMONS. 1. ALL  CITY  AGEN-
 CIES  ISSUING  SUMMONSES THAT ARE SUBJECT TO REVIEW BY ANY ENTITY WITHIN
 THE OFFICE OF ADMINISTRATIVE TRIBUNALS AND HEARINGS SHALL REVIEW ALL  OF
 THE  VIOLATIONS  FOR  WHICH A SUMMONS MAY BE ISSUED TO DEVELOP A LIST OF
 VIOLATIONS THAT CAN BE PROVEN THROUGH THE USE OF PHOTOGRAPHIC EVIDENCE.
   2. FOR ANY VIOLATION APPEARING ON THESE  LISTS,  CITY  AGENCIES  SHALL
 DOCUMENT  SUCH  VIOLATIONS BY PHOTOGRAPHIC EVIDENCE TAKEN AT THE TIME OF
 THE ISSUANCE OF A SUMMONS. SUCH PHOTOGRAPHIC EVIDENCE MAY BE GATHERED BY
 USING A CAMERA, MOBILE PHONE, OR ANY OTHER DEVICE CAPABLE  OF  PRODUCING
 AN ELECTRONIC PICTURE FILE.
   3.  WHEN IT IS EITHER IMPRACTICABLE OR IMPOSSIBLE FOR A CITY AGENCY TO
 DOCUMENT A VIOLATION APPEARING ON SUCH LISTS AS PRESCRIBED  IN  SUBDIVI-
 SION  TWO  OF THIS SECTION, THE ISSUING AGENT OR OFFICER SHALL INCLUDE A
 STATEMENT WITHIN THE SUMMONS EXPLAINING  WHY  IT  WAS  IMPRACTICABLE  OR
 IMPOSSIBLE TO DO SO.
   4.  PHOTOGRAPHIC  EVIDENCE  SHALL  BE INCLUDED IN SUMMONS FILINGS MADE
 AVAILABLE ONLINE AT THE OFFICE OF ADMINISTRATIVE TRIBUNALS AND HEARING'S
 WEBSITE, ALLOWING A RESPONDENT TO VIEW THE  PHOTOGRAPHIC  EVIDENCE  THAT
 HAS BEEN COLLECTED AGAINST HIM OR HER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02169-01-9

 S. 4832                             2
 
   5. AGENCIES SHALL BE AUTHORIZED TO PROMULGATE RULES RELATIVE TO CREAT-
 ING  PROCEDURES  FOR THE COLLECTION OF PHOTOGRAPHIC EVIDENCE REQUIRED BY
 THIS SECTION.
   § 2. This act shall take effect immediately.

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Senate Bill S4832

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Sponsored By

Simcha Felder