senate Bill S1737

Relates to ethnic or racial profiling

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Relates to ethnic or racial profiling; prohibits law enforcement agencies and officers from engaging in racial or ethnic profiling.

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Bill Details

Versions:
S1737
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง837-s, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1872
2009-2010: S8250

Sponsor Memo

BILL NUMBER:S1737

TITLE OF BILL:
An act
to amend the executive law, in relation to ethnic or racial profiling

PURPOSE OR GENERAL IDEA OF BILL:
Prohibits law enforcement officers from using racial and ethnic
profiling, establishes a collection of data on traffic stops and
creates a cause of action based on racial or ethnic profiling.

SUMMARY OF SPECIFIC PROVISION:

Section 1. amends the executive law by creating a new section 837-s;

Subdivision 1. contains definitions.

Subdivision 2. prohibits law enforcement agencies and law enforcement
officers from engaging in racial or ethnic profiling.

Subdivision 3. requires every law enforcement agency to promulgate and
adopt procedures for reviewing complaints of racial or ethnic
profiling and raking 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 1st of each year.

Subdivision 6. requires the division of criminal justice services in
consultation with the Attorney General to promulgate necessary forms.

Subdivision 7. requires every law enforcement agency to make documents
required by this bill available to the Attorney General within 7
business days days of a demand.

Subdivision 8 requires every law enforcement agency to provide all
data collected from traffic stops to the division of criminal justice
services. The division shall publish an annual report on law
enforcement traffic stops without revealing the identity of any
individuals.

Subdivision 9. states that inaction 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
prevailing plaintiff.

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 section 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.

Section 2 - contains the effective date.

JUSTIFICATION:
Slacks, Hispanics and other minority groups have long been victims of
biased and unjustified traffic stops, searches and frisks by law
enforcement officers. The arguably unconstitutional use of race or
ethnicity as a criteria has become the focus of many civil and human
rights groups. The practice is commonly known as "racial profiling."
The use of racial profiling has consequently had a corrosive effect
on the relations between police and tile minority communities. This
practice deprives minorities of their Fourth Amendment right to he
free from unreasonable searches and seizures, and their right to be
free from discriminations based on race guaranteed under the
Fourteenth Amendment to the United States Constitution.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect on the 180th day after becoming a law.

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

                                  1737

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. ESPAILLAT, PERKINS, RIVERA -- read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

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  FIFTEEN,  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 INDIVIDUALS  WHO  ALLEGE
THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC PROFILING. A COPY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02613-01-3

S. 1737                             2

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.
  4.  COMMENCING  ON  JANUARY  FIRST,  TWO  THOUSAND  FIFTEEN,  EACH LAW
ENFORCEMENT AGENCY SHALL, USING A FORM TO BE DETERMINED BY THE DIVISION,
RECORD AND RETAIN THE FOLLOWING INFORMATION WITH RESPECT TO LAW ENFORCE-
MENT 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 FIFTEEN, 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

S. 1737                             3

PUBLIC ON LAW ENFORCEMENT TRAFFIC STOPS. INFORMATION RELEASED SHALL  NOT
REVEAL THE IDENTITY OF ANY INDIVIDUAL.
  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.

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