Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 15, 2012 |
held for consideration in governmental operations |
Jan 04, 2012 |
referred to governmental operations |
Feb 01, 2011 |
referred to governmental operations |
Assembly Bill A4016
2011-2012 Legislative Session
Sponsored By
PERRY
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
Actions
co-Sponsors
Barbara Clark
multi-Sponsors
Earlene Hooper
Grace Meng
Crystal Peoples-Stokes
Jose Rivera
2011-A4016 (ACTIVE) - Details
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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