senate Bill S6329
(D) 0 Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Prohibits police officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against police officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.
TITLE OF BILL :
An act to amend the executive law, in relation to ethnic or racial
Prohibits law enforcement officers from engaging in racial and ethnic
profiling in New York State, requires collection of data on traffic
and street stops, and authorizes the Attorney General to seek
injunctive relief in such cases.
SUMMARY OF PROVISIONS :
Section 1 names this act as "Marvin's Law" after an 11 year old
Buffalo resident who was mistaken for an alleged criminal and taken
into police custody.
§ 2 amends the Executive Law by creating a new § 837-s.
Subdivision 1 contains definitions, including a definition for "racial
or ethnic profiling."
Subdivision 2 prohibits law enforcement agencies and law enforcement
officers from engaging in racial or ethnic profiling.
Subdivision 3 requires law enforcement agencies to promulgate and
adopt procedures for reviewing complaints of racial or ethnic
profiling and taking corrective measures. A copy of each complaint and
a written summary of the disposition must be forwarded to the Division
of Criminal Justice Services.
Subdivision 4 requires each law enforcement agency to collect and
maintain data with respect to traffic stops and persons patted down,
frisked and searched.
Subdivision 5 requires every law enforcement agency to compile the
data collected and forward an annual report to the Division of
Criminal Justice Services by March of each year.
Subdivision 6 directs the Division of Criminal Justice Services, in
consultation with the Attorney General, to develop appropriate forms.
Subdivision 7 requires law enforcement agencies to make documents
required by this bill available to the Attorney General within five
days of a demand.
Subdivision 8 requires law enforcement agencies to provide all data
collected from traffic stops to the Division of Criminal Justice
Services. The division shall implement a computerized data system for
public viewing of such data and shall publish an annual report on law
enforcement traffic stops without revealing the identity of any
Subdivision 9 states that an action for injunctive relief and! or for
damages may be brought by the Attorney General on behalf of the people
against a law enforcement agency that has engaged in racial or ethnic
profiling. A court may award costs and reasonable attorney fees to a
Subdivision 10 states that an action for injunctive relief and/or for
damages may be brought by an individual that has been the subject of
racial profiling against a law enforcement agency that has engaged in
racial or ethnic profiling. A court may award costs and reasonable
attorney fees to a prevailing plaintiff.
Subdivision 11 provides that § 837-s does not diminish or abrogate any
other right, remedy or cause of action which an individual who has
been the subject of racial profiling may have.
§ 3 Makes this act effective ninety days after it shall have become
EXISTING LAW :
New York State currently has no statutory prohibition on racial
This legislation has been named after Marvin G., a young black male
who was the victim of racial profiling at the age of 11. After he was
wrongly identified as a person who the police was looking for - a man
in his 30's - Marvin was taken into custody by the police. Being
wrongly accused of a crime would be traumatic for most people, but for
an 11 year old it was a devastating experience. Marvin's experience
left him with problems in school and in fear of the police whom he was
taught would protect him. only after undergoing professional
counseling has Marvin been able to move on with his life. It is his
hope that, through the adoption of a complete ban on racial profiling,
other young men and women will avoid similar treatment at the hands of
the police. The use of race or ethnicity as a criterion which gives
rise to the suspicion of criminal activity is commonly referred to as
"racial profiling." Blacks, Hispanics and other minority groups have
long been the victims of racial profiling, which includes unjustified
stops, both in their vehicles and on the street, by law enforcement
This deplorable practice has gained national attention in recent
years. A complaint filed in the U.S. District Court (United States of
America v. State of New Jersey & the Division of State police of the
New Jersey Department of Law and Public Safety: Civil
99-5970 MLC) alleged a long-standing pattern of conduct by New Jersey
State police that deprived persons of rights, privileges, or
immunities secured or protected by the Constitution and the laws of
the United States.
In New York State, there has been no systematic effort to collect and
analyze statistics that would help determine whether racial profiling
occurs, or to establish policies dealing directly with the issue of
This legislation will prohibit the use of racial and ethnic profiling
by law enforcement in New York State. It will result in the adoption
of policies and procedures to collect data on racial and ethnic
profiling, and establish a public data base containing the collected
data which will promote law enforcement integrity as well as to
promote community support, particularly minority communities, for law
LEGISLATIVE HISTORY :
S.1599-A (PATERSON) of 2005-06/Referred to Finance.
S.4389 of (SMITH) of 2007-08/Referred to Finance
FISCAL IMPLICATIONS :
EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, the
addition, amendment and! or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.