Assembly Bill A4016

2011-2012 Legislative Session

Relates to traffic stops conducted by law enforcement officers involving racial profiling

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2011-A4016 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add ยง837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3546
2013-2014: A4682
2015-2016: A6398
2017-2018: A253
2019-2020: A35
2021-2022: A158
2023-2024: A6649

2011-A4016 (ACTIVE) - Summary

Relates to traffic stops conducted by law enforcement officers; defines "racial profiling"; authorizes division of criminal justice services to conduct a study relating to racial profiling; prohibits use of race or ethnicity of an individual as the sole factor in determining the existence of probable cause to place such person under arrest or take into custody.

2011-A4016 (ACTIVE) - Bill Text download pdf

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

                                  4016

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of A. PERRY, CLARK -- Multi-Sponsored by -- M. of A.
  HOOPER, MENG,  PEOPLES-STOKES,  J. RIVERA,  TOWNS  --  read  once  and
  referred to the Committee on Governmental Operations

AN  ACT  to  amend  the  executive  law,  in  relation  to traffic stops
  conducted by law enforcement officers

  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. PROHIBITION OF RACIAL PROFILING IN TRAFFIC STOPS. 1.  FOR THE
PURPOSES OF THIS SECTION, "RACIAL PROFILING" MEANS THE DETENTION, INTER-
DICTION OR OTHER DISPARATE TREATMENT OF  AN  INDIVIDUAL  SOLELY  ON  THE
BASIS OF THE RACIAL OR ETHNIC STATUS OF SUCH INDIVIDUAL.
  2.  NO  MEMBER  OF THE DIVISION OF STATE POLICE, A SHERIFF'S OFFICE, A
MUNICIPAL POLICE DEPARTMENT OR ANY OTHER LAW  ENFORCEMENT  AGENCY  SHALL
ENGAGE  IN RACIAL PROFILING. THE DETENTION OF AN INDIVIDUAL BASED ON ANY
NONCRIMINAL FACTOR OR COMBINATION OF NONCRIMINAL FACTORS IS INCONSISTENT
WITH THIS POLICY.
  3. THE RACE OR ETHNICITY OF AN INDIVIDUAL SHALL NOT BE THE SOLE FACTOR
IN DETERMINING THE EXISTENCE OF PROBABLE CAUSE TO PLACE  IN  CUSTODY  OR
ARREST  AN  INDIVIDUAL  OR  IN CONSTITUTING A REASONABLE AND ARTICULABLE
SUSPICION THAT AN OFFENSE HAS BEEN OR IS BEING COMMITTED SO AS TO JUSTI-
FY THE DETENTION OF AN INDIVIDUAL OR THE INVESTIGATORY STOP OF  A  MOTOR
VEHICLE.
  4.  (A)  NOT  LATER  THAN  JANUARY  FIRST, TWO THOUSAND THIRTEEN, EACH
MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE
POLICE SHALL  ADOPT  A  WRITTEN  POLICY  THAT  PROHIBITS  THE  STOPPING,
DETENTION  OR  SEARCH OF ANY PERSON WHEN SUCH ACTION IS SOLELY MOTIVATED
BY CONSIDERATIONS OF RACE,  COLOR,  ETHNICITY,  AGE,  GENDER  OR  SEXUAL
ORIENTATION,  AND  THE  ACTION WOULD CONSTITUTE A VIOLATION OF THE CIVIL
RIGHTS OF THE PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01320-01-1
              

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