What's happening
This bill requires New York City agencies to use photographic evidence when issuing summonses, making this evidence available online when practicable.
Why it matters
Increases transparency and accountability. by mandating photographic documentation of violations, which makes it harder for agencies to issue questionable or unsupported summonses.
Improves fairness for recipients of summonses. by ensuring they have access to visual evidence against them, which can help them understand the alleged violation and prepare a defense if contesting the summons.
Limits discretion for city agents. by requiring a written explanation when photographic evidence is not provided, reducing the likelihood of arbitrary or unjustified enforcement actions.
May influence agency operations and training. , as agencies will need to establish new procedures and possibly invest in technology to comply with the requirements for photographing violations and making evidence accessible online.
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Who cares
Headline styles
Require Photos for Summonses
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.694
- Referred to cities
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Photos for Summonses
In Assembly Committee · Cities · Sponsor Brian Barnwell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
318
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- 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 Assembly, 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 agencies 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 subdivision 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.
LBD03910-01-7
S. 318 2
5. Agencies shall be authorized to promulgate rules relative to creating procedures for the collection of photographic evidence required by this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 practicable
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
With the rapidly growing ability of all New Yorkers to document everyday occurrences through the use of mobile phones and other electronic devices, so too have enforcement officials been provided with an ability to document violations of the law.
In the interest of promoting transparency and justice, this legislation seeks to provide both New York City residents and New York City enforcement 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 capturing 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.
In 2016 alone, 58.1% of summonses reaching OATH's Environmental Control Board on an appeal were dismissed. Summonses falling into this category included those issued by the New York City Departments of Sanitation, Buildings, Transportation, Health, Environmental Protection, and Parks, as well as other public safety violations issued by the New York City Police and Fire Departments. With such a high dismissal rate, it is plausible to assume both that much more can be done to preserve the integrity of summonses issued by City agencies, and that a great number of summonses issued by the City are currently lacking sufficient evidence. 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
New bill. FISCAL IMPACT :
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.