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

                                  8250

                            I N  S E N A T E

                              June 17, 2010
                               ___________

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

AN ACT to amend the executive law,  in  relation  to  ethnic  or  racial
  profiling

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S  837-S.  ETHNIC  AND  RACIAL  PROFILING. 1. FOR THE PURPOSES OF THIS
SECTION:
  (A) "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE  STATE
OR  A  UNIT  OF  LOCAL GOVERNMENT WHICH EMPLOYS POLICE OFFICERS OR PEACE
OFFICERS WHO ARE EMPOWERED TO AND IN THE COURSE OF THEIR OFFICIAL DUTIES
LAWFULLY STOP MOTOR VEHICLES OR STOP AND FRISK INDIVIDUALS.
  (B) "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE  OFFICER
EMPLOYED BY A LAW ENFORCEMENT AGENCY.
  (C)  "RACIAL  OR ETHNIC PROFILING" MEANS THE STOPPING OF A MOTOR VEHI-
CLE, THE STOPPING AND QUESTIONING OF AN INDIVIDUAL OR THE  STOPPING  AND
FRISKING  OF  AN  INDIVIDUAL  BY A LAW ENFORCEMENT OFFICER THAT IS BASED
UPON AN INDIVIDUAL'S ACTUAL OR APPARENT RACIAL OR ETHNIC STATUS  WITHOUT
REASONABLE  INDIVIDUALIZED  SUSPICION  OR CAUSE TO LAWFULLY JUSTIFY SUCH
CONDUCT.
  2. EVERY LAW ENFORCEMENT AGENCY  AND  EVERY  LAW  ENFORCEMENT  OFFICER
SHALL BE PROHIBITED FROM ENGAGING IN RACIAL OR ETHNIC PROFILING.
  3. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWELVE, EVERY LAW ENFORCE-
MENT  AGENCY SHALL PROMULGATE AND ADOPT A WRITTEN POLICY WHICH PROHIBITS
RACIAL OR ETHNIC PROFILING. IN ADDITION, EACH SUCH AGENCY SHALL  PROMUL-
GATE  AND  ADOPT  PROCEDURES FOR THE REVIEW AND THE TAKING OF CORRECTIVE
ACTION WITH RESPECT TO COMPLAINTS BY INDIVIDUALS WHO  ALLEGE  THAT  THEY
HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC PROFILING. A COPY OF EACH SUCH
COMPLAINT  RECEIVED PURSUANT TO THIS SECTION AND WRITTEN NOTIFICATION OF
THE REVIEW AND DISPOSITION OF SUCH COMPLAINT SHALL BE PROMPTLY  PROVIDED
BY SUCH AGENCY TO THE DIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17808-01-0
              

S. 8250                             2

  4. COMMENCING ON JANUARY FIRST, TWO THOUSAND TWELVE, EACH LAW ENFORCE-
MENT AGENCY SHALL, USING A FORM TO BE DETERMINED BY THE DIVISION, RECORD
AND  RETAIN  THE  FOLLOWING  INFORMATION WITH RESPECT TO LAW ENFORCEMENT
OFFICERS EMPLOYED BY SUCH AGENCY:
  (A)  THE  NUMBER  OF  PERSONS  STOPPED  FOR TRAFFIC VIOLATIONS AND THE
NUMBER OF PERSONS PATTED DOWN, FRISKED AND SEARCHED;
  (B) THE CHARACTERISTICS OF RACE, COLOR, ETHNICITY, GENDER AND  AGE  OF
EACH  SUCH  PERSON,  PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS
SHALL BE BASED ON THE OBSERVATION AND PERCEPTION OF THE OFFICER  RESPON-
SIBLE  FOR  REPORTING THE STOP AND THE INFORMATION SHALL NOT BE REQUIRED
TO BE PROVIDED BY THE PERSON STOPPED;
  (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
MOTOR VEHICLE;
  (D) WHETHER IMMIGRATION STATUS WAS QUESTIONED,  IMMIGRATION  DOCUMENTS
REQUESTED,  AND  IF  ANY FURTHER INQUIRY WAS MADE TO THE IMMIGRATION AND
NATURALIZATION SERVICE WITH RESPECT TO ANY  PERSON  STOPPED  OR  IN  THE
MOTOR VEHICLE;
  (E)  THE  NATURE OF THE ALLEGED TRAFFIC VIOLATION THAT RESULTED IN THE
STOP OR THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL  BEING
STOPPED AND FRISKED OR SEARCHED;
  (F)  WHETHER  A  SEARCH  WAS  CONDUCTED  AND, IF SO, THE RESULT OF THE
SEARCH;
  (G) IF A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A  PERSON  OR
THE  PERSON'S PROPERTY, AND WHETHER THE SEARCH WAS CONDUCTED PURSUANT TO
CONSENT AND IF NOT, THE BASIS FOR CONDUCTING THE  SEARCH  INCLUDING  ANY
ALLEGED CRIMINAL BEHAVIOR THAT JUSTIFIED THE SEARCH;
  (H) WHETHER A WARNING OR CITATION WAS ISSUED;
  (I) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE;
  (J) THE APPROXIMATE DURATION OF THE STOP; AND
  (K) THE TIME AND LOCATION OF THE STOP.
  5.  EVERY  LAW  ENFORCEMENT  AGENCY  SHALL COMPILE THE INFORMATION SET
FORTH IN SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR  INTO  A
REPORT TO THE DIVISION. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY
THE  DIVISION.  THE  REPORT  SHALL BE SUBMITTED TO THE DIVISION NO LATER
THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR.
  6. NOT LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE, THE DIVISION, IN
CONSULTATION WITH THE ATTORNEY GENERAL, SHALL DEVELOP AND PROMULGATE:
  (A) A FORM IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE  USED  BY  LAW
ENFORCEMENT  OFFICERS  TO  RECORD  THE INFORMATION LISTED IN SUBDIVISION
FOUR OF THIS SECTION WHEN MAKING A TRAFFIC STOP  OR  WHEN  STOPPING  AND
FRISKING AN INDIVIDUAL; AND
  (B)  A  FORM  TO  BE USED TO REPORT COMPLAINTS PURSUANT TO SUBDIVISION
THREE OF  THIS  SECTION  BY  INDIVIDUALS  WHO  BELIEVE  THEY  HAVE  BEEN
SUBJECTED TO RACIAL OR ETHNIC PROFILING.
  7.  EVERY  LAW ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE ATTORNEY
GENERAL, UPON SEVEN DAYS DEMAND AND NOTICE, THE DOCUMENTS REQUIRED TO BE
PRODUCED AND PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR  AND  FIVE
OF THIS SECTION.
  8.  EVERY  LAW  ENFORCEMENT  AGENCY SHALL FURNISH ALL DATA/INFORMATION
COLLECTED FROM TRAFFIC STOPS TO THE DIVISION. THE DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  SHALL DEVELOP AND IMPLEMENT A PLAN FOR A COMPUTERIZED
DATA SYSTEM FOR PUBLIC VIEWING OF SUCH DATA AND SHALL PUBLISH AN  ANNUAL
REPORT  ON  DATA  COLLECTED  FOR  THE GOVERNOR, THE LEGISLATURE, AND THE
PUBLIC ON LAW ENFORCEMENT TRAFFIC STOPS. INFORMATION RELEASED SHALL  NOT
REVEAL THE IDENTITY OF ANY INDIVIDUAL.

S. 8250                             3

  9.  THE  ATTORNEY  GENERAL MAY BRING AN ACTION ON BEHALF OF THE PEOPLE
FOR INJUNCTIVE RELIEF AND/OR DAMAGES AGAINST A  LAW  ENFORCEMENT  AGENCY
THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING
IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD
COSTS  AND  REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
AN ACTION.
  10. IN ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT  TO  SUBDIVISION
NINE  OF  THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF AN ACT
OR ACTS OF RACIAL PROFILING MAY BRING AN ACTION  FOR  INJUNCTIVE  RELIEF
AND/OR  DAMAGES  AGAINST  A LAW ENFORCEMENT AGENCY THAT IS ENGAGED IN OR
HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING. THE COURT  MAY  AWARD
COSTS  AND  REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
AN ACTION.
  11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO-
GATING ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO  HAS
BEEN  SUBJECT  TO  RACIAL  OR  ETHNIC PROFILING MAY HAVE PURSUANT TO ANY
OTHER PROVISION OF LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, 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 date.