Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 03, 2010 |
notice of committee consideration - requested |
Jan 25, 2010 |
committee discharged and committed to finance |
Jan 06, 2010 |
referred to rules |
Dec 07, 2009 |
referred to rules |
Senate Bill S6329
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
(D) Senate District
2009-S6329 (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Executive Law
- Laws Affected:
- Add §837-s, Exec L
2009-S6329 (ACTIVE) - Summary
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.
2009-S6329 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6329 TITLE OF BILL : An act to amend the executive law, in relation to ethnic or racial profiling PURPOSE : 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.
2009-S6329 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6329 2009-2010 Regular Sessions I N S E N A T E December 7, 2009 ___________ Introduced by Sen. THOMPSON -- 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. Short title. This act shall be known and may be cited as "Marvin's law". S 2. 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 NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, EVERY LAW ENFORCEMENT AGENCY SHALL PROMULGATE AND ADOPT A WRITTEN POLICY WHICH PROHIBITS RACIAL OR ETHNIC PROFILING. IN ADDITION, EACH SUCH AGENCY SHALL PROMULGATE AND ADOPT PROCEDURES FOR THE REVIEW AND THE TAKING OF CORRECTIVE ACTION WITH RESPECT TO COMPLAINTS BY INDI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04443-01-9
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