senate Bill S8218

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 14, 2016 referred to rules

S8218 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
New York City Administrative Code
Laws Affected:
Add Title 7 Chap 10 ยง7-1001, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2017-2018: S318
2019-2020: S4832

S8218 (ACTIVE) - Summary

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

S8218 (ACTIVE) - Sponsor Memo

S8218 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8218

                            I N  S E N A T E

                            December 14, 2016
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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