senate Bill S1981

Establishes the office of law enforcement professional standards

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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

Establishes the office of law enforcement professional standards within the division of criminal justice services; requires the commissioner of criminal justice services to appoint a director of such office; outlines the duties and functions of such office; establishes policies and procedures to prohibit traffic stops that result in the stopping, detention or search of any person when such action is solely motivated by considerations of race, color, ethnicity, national origin, age, gender or sexual orientation and the action would constitute a violation of the civil rights of the person.

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Bill Details

See Assembly Version of this Bill:
A1089
Versions:
S1981
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง837-aa, Exec L
Versions Introduced in 2011-2012 Legislative Cycle:
S6187, A9602

Sponsor Memo

BILL NUMBER:S1981

TITLE OF BILL: An act to amend the executive law, in relation to estab-
lishing the office of law enforcement professional standards

PURPOSE: The purpose of this bill is to create an office of law
enforcement professional standards in Division of Criminal Justice
Services. The office would promulgate policies to prohibit racial
profiling practices.

SUMMARY OF PROVISIONS: This bill creates the office of law enforcement
professionals standards within the Division of Criminal Justice
Services. The Office must create a written policy to be adopted by local
police departments which would prohibit the stopping, detention or
search of any person when the action is solely motivated by race, color,
ethnicity, national origin, age, gender or sexual orientation and the
action would violate the persons civil rights. The office must also
create a written form that will be used to retain information about
persons stopped for traffic violations. These forms will be analyzed by
the Office. The Office will also be responsible for approving curricula
for training law enforcement on cultural awareness. They must also
prepare an annual report that includes aggregate statistics on state and
local law enforcement activities and procedures and aggregate data on
race, color, ethnicity, gender and age of such persons involved in traf-
fic stops.

JUSTIFICATION: As a result of racial profiling, minority drivers are
more likely to be stopped, questioned by police officers and subjected
to unreasonable searches.

Because of the prevalent practice of the use of racial profiling for
traffic stops many States have come to adopt racial profiling laws. New
Jersey, in 2009, signed into law a racial profiling bill which created
an office under the Attorney General to continue examining motor vehicle
stops. This New Jersey law was a result of a complaint filed in Federal
Court against the State of New Jersey for its prevalent practice of
racial profiling.

New York must join these other states which have adopted laws to prohib-
it the use of racial profiling. New York with its diverse population
must adopt policies to ensure that minorities group's civil rights are
not being violated.

LEGISLATIVE HISTORY: 2011-12 - S.6187 - Referred to Finance

FISCAL IMPLICATIONS: Needs to be determined.

EFFECTIVE DATE: Takes effect on the first of April next succeeding the
date on which it shall become law.

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

                                  1981

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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  establishing  the
  office of law enforcement professional standards

  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-aa
to read as follows:
  S 837-AA. OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE OF  LAW  ENFORCE-
MENT PROFESSIONAL STANDARDS.
  (B)  "OFFICE"  SHALL  MEAN  THE OFFICE OF LAW ENFORCEMENT PROFESSIONAL
STANDARDS.
  2. CREATION OF THE OFFICE. (A) THERE IS HEREBY CREATED IN THE DIVISION
OF CRIMINAL JUSTICE SERVICES AN OFFICE OF LAW  ENFORCEMENT  PROFESSIONAL
STANDARDS WHICH SHALL PERFORM SUCH ADMINISTRATIVE, INVESTIGATIVE, POLICY
AND  TRAINING  OVERSIGHT,  AND MONITORING FUNCTIONS, AS THE COMMISSIONER
SHALL DIRECT, TO ASSURE AND MAINTAIN THE INTEGRITY  OF  LAW  ENFORCEMENT
ACTIVITIES  AND TO PROVIDE ASSISTANCE TO LAW ENFORCEMENT ENTITIES STATE-
WIDE, INCLUDING BUT NOT LIMITED TO, ESTABLISHING POLICIES AND PROCEDURES
TO PROHIBIT TRAFFIC STOPS THAT RESULT  IN  THE  STOPPING,  DETENTION  OR
SEARCH  OF  ANY PERSON WHEN SUCH ACTION IS SOLELY MOTIVATED BY CONSIDER-
ATIONS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, AGE, GENDER OR SEXUAL
ORIENTATION, AND THE ACTION WOULD CONSTITUTE A VIOLATION  OF  THE  CIVIL
RIGHTS OF THE PERSON.
  (B)  THE  OFFICE  SHALL  TAKE  APPROPRIATE STEPS TO PROMOTE AND ENSURE
COMPLIANCE WITH THE GENERAL POLICY THAT PROHIBITS  RACIAL  PROFILING  IN
SELECTING  VEHICLES FOR TRAFFIC STOPS, OR IN DECIDING UPON THE SCOPE AND
SUBSTANCE OF POST-STOP ACTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02681-01-3

S. 1981                             2

  (C) THE COMMISSIONER SHALL APPOINT A DIRECTOR OF  THE  OFFICE  OF  LAW
ENFORCEMENT  PROFESSIONAL  STANDARDS.  SUCH PERSON SHALL HAVE EDUCATION,
EXPERIENCE OR PROFESSIONAL BACKGROUND IN THE  FIELDS  OF  LAW,  INVESTI-
GATION, CRIMINAL PRACTICE AND ADMINISTRATION.
  (D)  THE DIRECTOR, MAY WITH THE APPROVAL OF THE COMMISSIONER, ORGANIZE
THE WORK OF THE OFFICE INTO SUCH BUREAUS AND OTHER ORGANIZATIONAL  UNITS
AS  MAY  BE  NECESSARY.  THE  COMMISSIONER MAY ASSIGN TO THE OFFICE SUCH
EMPLOYEES OF THE DIVISION AS MAY BE NECESSARY.
  (E) ALL LAW ENFORCEMENT AGENCIES OPERATING UNDER THE AUTHORITY OF  THE
LAW  OF  THE STATE OF NEW YORK SHALL COOPERATE AND AID THE OFFICE IN THE
PERFORMANCE OF ITS DUTIES.
  3. DUTIES AND FUNCTIONS OF  THE  OFFICE.  (A)  (1)  THE  OFFICE  SHALL
PROMULGATE  A  WRITTEN POLICY FOR TRAFFIC STOPS THAT SHALL BE ADOPTED BY
EVERY LOCAL AND STATE POLICE DEPARTMENT  THAT  PROHIBITS  IN  REGARD  TO
TRAFFIC STOPS, THE STOPPING, DETENTION OR SEARCH OF ANY PERSON WHEN SUCH
ACTION  IS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY,
NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD
CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON.
  (2) THE OFFICE SHALL DEVELOP A WRITTEN FORM THAT EACH MUNICIPAL POLICE
DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION  OF  STATE  POLICE  SHALL
USE,  TO  RECORD AND RETAIN THE FOLLOWING INFORMATION: (I) THE NUMBER OF
PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II)  CHARACTERISTICS  OF  RACE,
COLOR, ETHNICITY, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION AND AGE OF
SUCH  PERSONS, PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS SHALL
BE BASED ON THE OBSERVATION AND PERCEPTION OF THE POLICE OFFICER RESPON-
SIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT  BE  REQUIRED
TO  BE  PROVIDED  BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED
TRAFFIC VIOLATION THAT RESULTED IN THE STOP; (IV) WHETHER A  WARNING  OR
CITATION WAS ISSUED, AN ARREST MADE OR A SEARCH CONDUCTED AS A RESULT OF
THE  STOP; AND (V) ANY ADDITIONAL INFORMATION THAT SUCH MUNICIPAL POLICE
DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVISION OF STATE  POLICE,  AS  THE
CASE MAY BE, DEEMS APPROPRIATE.
  (3)  EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVI-
SION OF STATE POLICE SHALL PROVIDE TO THE OFFICE:   (I) A COPY  OF  EACH
COMPLAINT  RECEIVED PURSUANT TO THIS SECTION; AND (II) WRITTEN NOTIFICA-
TION OF THE REVIEW AND DISPOSITION OF SUCH COMPLAINT.
  (B) (1) THE OFFICE SHALL SET UP A PROCEDURE TO  RECEIVE,  REVIEW,  AND
INVESTIGATE  COMPLAINTS BY CITIZENS THAT STATE AND LOCAL LAW ENFORCEMENT
ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON,  OR  THE  CITIZEN
WAS  A  WITNESS  TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH ACTION WAS
SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR,  ETHNICITY,  NATIONAL
ORIGIN,  AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD CONSTI-
TUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON.
  (2) (A) STATE AND LOCAL LAW  ENFORCEMENT  AGENCIES  SHALL  NOTIFY  THE
OFFICE OF ALL COMPLAINTS RECEIVED FROM CITIZENS THAT STATE AND LOCAL LAW
ENFORCEMENT  ENGAGED  IN  A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR
THE CITIZEN WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH,  WHEN  SUCH
ACTION WAS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY,
NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD
CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON TO THE OFFICE.
  (B)  STATE  AND LOCAL LAW ENFORCEMENT AGENCIES SHALL INFORM THE OFFICE
OF THE OUTCOME OF SUCH COMPLAINTS UPON COMPLETION OF INVESTIGATION.
  (3) AFTER THE OFFICE COMPLETES ITS INVESTIGATION OF SUCH COMPLAINTS OR
WHEN THE OFFICE FINDS ANY INDICATION OF WRONGDOING THE  COMPLAINT  SHALL
BE  REFERRED  TO  THE  STATE  AND LOCAL LAW ENFORCEMENT INTERNAL AFFAIRS
BUREAU AND ANY OTHER ACTIONS DEEMED APPROPRIATE BY THE DIRECTOR.

S. 1981                             3

  (C) THE OFFICE SHALL BE AUTHORIZED TO CONDUCT OPERATIONAL  AUDITS  AND
INDEPENDENT  ANALYSES OF DATA, INCLUDING SUCH DATA AS COLLECTED PURSUANT
TO SUBDIVISION TWO OF THIS SECTION  AND  OTHER  DATA  AS  NECESSARY  AND
APPROPRIATE,  TO  IDENTIFY  ANY  POTENTIAL  DISPARITY IN ENFORCEMENT AND
SYSTEMIC  PROBLEMS  THAT  MAY  EXIST THAT AFFECT MOTOR VEHICLE STOPS AND
POST-STOP ENFORCEMENT ACTIONS,  TRAINING  PROVIDED  TO  LAW  ENFORCEMENT
OFFICIALS,  INVESTIGATIONS OF ALLEGED MISCONDUCT, ANY OTHER MATTERS THAT
MAY AFFECT THE INTEGRITY OF NEW YORK STATE  AND  LOCAL  LAW  ENFORCEMENT
AGENCIES  AND DEPARTMENTS AND SHALL MAKE RECOMMENDATIONS FOR APPROPRIATE
ACTIONS.
  (D) THE OFFICE SHALL HAVE TIMELY ACCESS TO ALL DATA AND OTHER  RECORDS
MAINTAINED  BY  THE  STATE  AND  LOCAL LAW ENFORCEMENT AGENCIES THAT ARE
DEEMED NECESSARY BY THE DIRECTOR TO CONDUCT INDEPENDENT ANALYSES AND  TO
PERFORM  THE  FUNCTIONS  AUTHORIZED  BY  THIS  SECTION.  NOTHING IN THIS
SECTION SHALL BE DEEMED TO REQUIRE THE DISCLOSURE OF RECORDS OR DATA  IN
VIOLATION  OF ANY CONSTITUTIONAL OR STATUTORY PRIVACY PROTECTIONS OR ANY
COLLECTIVE BARGAINING RIGHTS.
  4. AUTHORITY OF THE OFFICE. THE OFFICE SHALL HAVE THE SPECIFIC AUTHOR-
ITY TO PERFORM THE FOLLOWING FUNCTIONS:
  (A) REVIEW THE PROCEDURES AND  IMPLEMENTATION  RELATED  TO  STATE  AND
LOCAL  LAW ENFORCEMENT AGENCIES CONCERNING MOTOR VEHICLE STOPS AND POST-
STOP ENFORCEMENT ACTIONS, SUPERVISION  OF  PATROL  ACTIVITIES,  TRAINING
PROVIDED  TO  LAW  ENFORCEMENT MEMBERS ASSIGNED TO PATROL DUTIES AND THE
CONDUCT OF INVESTIGATIONS  OF  ALLEGED  MISCONDUCT  AND  OTHER  INTERNAL
AFFAIRS;
  (B)  MONITOR,  REVIEW  AND  EVALUATE THE QUALITY AND TIMELINESS OF THE
STATE AND LOCAL LAW ENFORCEMENT AGENCIES' CONDUCT  OF  INVESTIGATION  OF
ALLEGED  MISCONDUCT, DISCIPLINARY ACTIONS AND INTERVENTIONS, SUPERVISORY
ACTIONS, REPORTS, MOTOR VEHICLE STOP REPORTS AND  LOGS  AND  SUPERVISORY
REVIEWS RELATING TO RACIAL PROFILING;
  (C)  APPROVE  THE  CURRICULA,  PRESCRIBE  TRAINER  QUALIFICATIONS, AND
REVIEW AND DEVELOP TRAINING OF STATE AND LOCAL LAW  ENFORCEMENT  MEMBERS
ON  CULTURAL AWARENESS, LAW ENFORCEMENT ETHICS AND LEADERSHIP, CONSTITU-
TIONAL LAW PERTAINING TO ARREST, SEARCH AND SEIZURE,  EQUAL  PROTECTION,
AND  OTHER  RELEVANT LAW ENFORCEMENT ISSUES THE DIRECTOR DEEMS NECESSARY
OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION; AND
  (D) REVIEW ALL STATE AND  LOCAL  LAW  ENFORCEMENT  AGENCIES'  INTERNAL
AFFAIRS  INVESTIGATIONS  AND  DISPOSITIONS, INCLUDING ANY DECISION BY AN
AGENCY NOT TO REFER A COMPLAINT, FROM A CITIZEN OR OTHER SOURCE, TO  THE
OFFICE  TO ASCERTAIN WHETHER LAW ENFORCEMENT AGENCIES HAVE COMPLIED WITH
APPLICABLE OPERATING PROCEDURES, WHETHER THE OUTCOMES OF THOSE  INVESTI-
GATIONS  ARE  SUPPORTED  BY THE EVIDENCE, WHETHER ANY DISCIPLINE IMPOSED
WAS APPROPRIATE AND MAKE RECOMMENDATIONS TO  THE  ATTORNEY  GENERAL  FOR
APPROPRIATE REMEDIAL ACTION.
  IN  ORDER  FOR  A  LOCAL  OR  STATE LAW ENFORCEMENT AGENCY TO COMPLETE
ACCREDITATION REQUIREMENTS, LAW ENFORCEMENT OFFICERS OF SUCH AGENCY MUST
COMPLETE A TRAINING AS DEVELOPED BY THE DIVISION IN RELATION TO  PROHIB-
ITING RACIAL PROFILING.
  5.  REPORTS.  (A)  THE OFFICE SHALL PREPARE ANNUAL PUBLIC REPORTS THAT
INCLUDE AGGREGATE STATISTICS ON STATE AND LOCAL LAW  ENFORCEMENT  ACTIV-
ITIES  AND  PROCEDURES  AND  AGGREGATE  DATA  ON RACE, COLOR, ETHNICITY,
NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION  AND  AGE  OF  SUCH  PERSONS
INVOLVED  IN  THE  TRAFFIC  STOP.  THESE REPORTS SHALL INCLUDE AGGREGATE
STATISTICS ON THE NUMBER OF  MOTOR  VEHICLE  STOPS,  REASON  FOR  STOPS,
ENFORCEMENT  ACTIONS,  INCLUDING BUT NOT LIMITED TO, CITATIONS, WARNINGS
AND ARRESTS, NUMBER OF SEARCHES CONDUCTED, AND THE  USE  OF  FORCE.  THE

S. 1981                             4

REPORTS  SHALL ALSO INCLUDE AGGREGATE STATISTICS OF THE NUMBER OF CRIMI-
NAL CHARGES FILED, CONTRABAND SEIZURES AND  WANTED  PERSONS  TAKEN  INTO
CUSTODY AS A RESULT OF MOTOR VEHICLE STOPS.
  (B)  THE  OFFICE SHALL PREPARE ANNUAL REPORTS PROVIDING AGGREGATE DATA
REGARDING MISCONDUCT INVESTIGATIONS AND THE NUMBER OF  EXTERNAL,  INTER-
NAL,  AND  TOTAL  COMPLAINTS  RECEIVED  AND  THE  DISPOSITION  OF  THOSE
COMPLAINTS.
  (C) THE COMMISSIONER SHALL, ON AN ANNUAL BASIS, REPORT TO THE GOVERNOR
AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS SECTION.
  (D) THE REPORT AND STATISTICS SHALL BE  PUBLISHED  ON  THE  DIVISION'S
WEBSITE.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

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