BILL NUMBER: S3167
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 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:
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 Referred to Cities Committee
2019/2020: S4832 Referred to Cities Committee
2021/2022: S6320 - Referred to Cities Committee
2023/2024: S2111 - Reported from Cities Committee
 
FISCAL IMPACT:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.