Relates to reports on certain criminal offenses on public transportation.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to reports on certain criminal offenses on public transportation
PURPOSE OR GENERAL IDEA OF BILL: This bill amends section 397-c of the vehicle and traffic law by requiring municipal, town and village police departments in villages, towns and cities with less than one million residents to prepare, annually, a report detailing the total number of criminal complaints and arrests, categorized by class of crime where the conduct occurs on bus routes operated by such villages, town or municipality or its transit authority.
Specifically the report shall detail the following criminal activity:
-- section 70.02 of the penal law such as murder, kidnapping, manslaughter, aggravated sexual abuse, sexual conduct against a child, criminal-use or sale of a firearm, etc.;
-- assault and related offenses as defined in article one hundred twenty of the penal law such as intent to cause physical injury to another;
-- sex offenses as defined in article one hundred thirty of the penal law such as sexual misconduct, rape, and criminal sexual acts;
-- disorderly conduct as defined in section 240.20 of the penal law such as intent to cause public inconvenience, annoyance or alarm, or recklessness, by engaging in fighting or threatening behavior, unreasonable noisemaking, use of abusive or obscene language or gestures;
-- harassment as defined in section 240.25 and 240.26 of the penal law such as intentionally following or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury, with intent to annoy or alarm-another-person by subjecting such person to physical contact, or attempts or threatens to do the same follows a person;
-- aggravated harassment as defined in section 240.30 and 240.31 of the penal law such as intent to harass, annoy, threaten or alarm another person either by communicating with a person, attempting to contact, subjecting another person to physical contact, or threatening to do the same because of a belief or perception.
The report shall contain a separate tabulation for employees of the authority, passengers and other non-employees.
Such statistics shall be tabulated on a monthly basis and on an annual basis and shall be maintained and transmitted in an electronic format to the department of records and information services, or its successor's and be made available to the public via the Internet.
This bill will provide the public with information on the location of criminal activity, including sexual harassment; while providing the police department data that will allow them to focus their resources on areas most in need of protection: By requiring that these statistics be updated on a monthly basis, and posted on the Internet, the public will be able to monitor the progress in reducing crime on our transit systems.
PRIOR LEGISLATIVE HISTORY: 2009-10: S.7741 - Referred to Transportation
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: None to the State
EFFECTIVE DATE: Immediately, with the first posting of the required information 90 following enactment.
STATE OF NEW YORK ________________________________________________________________________ 1364 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to reports on certain criminal offenses on public transportation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 397-c to read as follows: S 397-C. REPORTS OF CERTAIN CRIMINAL ACTS ON PUBLIC TRANSPORTATION. MUNICIPAL, TOWN AND VILLAGE POLICE DEPARTMENTS IN VILLAGES, TOWNS AND CITIES WITH LESS THAN ONE MILLION RESIDENTS SHALL PREPARE, ANNUALLY, A REPORT DETAILING THE TOTAL NUMBER OF CRIMINAL COMPLAINTS AND ARRESTS, CATEGORIZED BY CLASS OF CRIME, FOR VIOLENT FELONY OFFENSES AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, ASSAULT AND RELATED OFFENSES AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW, SEX OFFENSES AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, DISORDERLY CONDUCT AS DEFINED IN SECTION 240.20 OF THE PENAL LAW, HARASSMENT AS DEFINED IN SECTIONS 240.25 AND 240.26 OF THE PENAL LAW, AND AGGRAVATED HARASSMENT AS DEFINED IN SECTIONS 240.30 AND 240.31 OF THE PENAL LAW, WHERE THE CONDUCT OCCURS ON BUS ROUTES OPERATED BY SUCH VILLAGE, TOWN OR MUNICI- PALITY OR ITS TRANSIT AUTHORITY, SPECIFYING WHERE SUCH CRIMINAL CONDUCT HAS OCCURRED BY BUS ROUTE. SUCH REPORT SHALL CONTAIN A SEPARATE TABU- LATION FOR EMPLOYEES OF THE AUTHORITY, PASSENGERS AND OTHER NON-EMPLOY- EES. SUCH STATISTICS SHALL BE TABULATED ON A MONTHLY BASIS AND ON AN ANNUAL BASIS AND SHALL BE MAINTAINED AND TRANSMITTED IN AN ELECTRONIC FORMAT TO THE DEPARTMENT OF RECORDS AND INFORMATION SERVICES, OR ITS SUCCESSOR AGENCY, AND BE MADE AVAILABLE TO THE PUBLIC ON OR THROUGH THE DEPARTMENT OF RECORDS AND INFORMATION SERVICES' WEBSITE, OR ITS SUCCES- SOR'S WEBSITE. SUCH STATISTICS SHALL BE FIRST MADE AVAILABLE ON SUCH WEBSITE NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION AND SHALL BE UPDATED ON AT LEAST A MONTHLY BASIS THEREAFTER. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01797-01-1