S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    35
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- Multi-Sponsored by -- M. of A. PEOPLES-
   STOKES -- 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-t
 to read as follows:
   § 837-T. 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 TWENTY-ONE, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02412-01-9

 A. 35                               2
 
 ORIENTATION,  AND  THE  ACTION WOULD CONSTITUTE A VIOLATION OF THE CIVIL
 RIGHTS OF THE PERSON.
   (B) COMMENCING ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE, EACH MUNICI-
 PAL  POLICE  DEPARTMENT,  SHERIFF'S  OFFICE,  AND  THE DIVISION OF STATE
 POLICE SHALL, USING THE  FORM  DEVELOPED  AND  PROMULGATED  PURSUANT  TO
 SUBDIVISION FIVE OF THIS SECTION, RECORD AND RETAIN THE FOLLOWING INFOR-
 MATION:  (I)  THE NUMBER OF PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II)
 CHARACTERISTICS OF RACE,  COLOR,  ETHNICITY,  GENDER  AND  AGE  OF  SUCH
 PERSONS,  PROVIDED  THE  IDENTIFICATION OF SUCH CHARACTERISTICS SHALL BE
 BASED ON THE OBSERVATION AND PERCEPTION OF THE POLICE OFFICER  RESPONSI-
 BLE  FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT BE REQUIRED TO
 BE PROVIDED BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED TRAF-
 FIC VIOLATION THAT RESULTED IN THE STOP; (IV) WHETHER A WARNING OR CITA-
 TION 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.
   (C) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE  DIVI-
 SION  OF  STATE POLICE SHALL PROVIDE TO THE DIVISION OF CRIMINAL JUSTICE
 SERVICES (I) A COPY OF EACH COMPLAINT RECEIVED PURSUANT TO THIS SECTION,
 AND (II) WRITTEN NOTIFICATION OF THE  REVIEW  AND  DISPOSITION  OF  SUCH
 COMPLAINT.
   (D) ANY POLICE OFFICER WHO IN GOOD FAITH RECORDS TRAFFIC STOP INFORMA-
 TION  PURSUANT  TO  THE  REQUIREMENTS  OF THIS SECTION SHALL NOT BE HELD
 CIVILLY LIABLE FOR THE ACT OF  RECORDING  SUCH  INFORMATION  UNLESS  THE
 OFFICER'S CONDUCT WAS UNREASONABLE OR RECKLESS.
   (E)  IF  A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVI-
 SION OF STATE POLICE  FAILS  TO  COMPLY  WITH  THE  PROVISIONS  OF  THIS
 SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER AN APPRO-
 PRIATE  PENALTY  IN THE FORM OF THE WITHHOLDING OF STATE FUNDS FROM SUCH
 MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE OR THE DIVISION  OF  STATE
 POLICE.
   (F)  ON  OR  BEFORE  OCTOBER  FIRST, TWO THOUSAND TWENTY, AND ANNUALLY
 THEREAFTER, EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE  AND  THE
 DIVISION  OF  STATE  POLICE  SHALL  PROVIDE  TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES, IN SUCH FORM  AS  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  SHALL  PRESCRIBE, A SUMMARY REPORT OF THE INFORMATION RECORDED
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (G) THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  PROVIDE  FOR  A
 REVIEW OF THE PREVALENCE AND DISPOSITION OF TRAFFIC STOPS AND COMPLAINTS
 REPORTED  PURSUANT  TO  THIS  SECTION. NOT LATER THAN JANUARY FIRST, TWO
 THOUSAND TWENTY-TWO, THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  SHALL
 REPORT  TO  THE  GOVERNOR AND THE SENATE AND THE ASSEMBLY THE RESULTS OF
 SUCH REVIEW, INCLUDING ANY RECOMMENDATIONS.
   5. NOT LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE DIVISION
 OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND PROMULGATE:
   (A) A FORM, IN BOTH PRINTED AND  ELECTRONIC  FORMAT,  TO  BE  USED  BY
 POLICE  OFFICERS WHEN MAKING A TRAFFIC STOP TO RECORD PERSONAL IDENTIFY-
 ING INFORMATION ABOUT THE OPERATOR OF THE MOTOR VEHICLE THAT IS STOPPED,
 THE LOCATION OF THE STOP, THE REASON FOR THE STOP AND OTHER  INFORMATION
 THAT IS REQUIRED TO BE RECORDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 FOUR OF THIS SECTION; AND
   (B)  A  FORM,  IN  BOTH  PRINTED  AND ELECTRONIC FORMAT, TO BE USED TO
 REPORT COMPLAINTS PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS  SECTION  BY
 PERSONS  WHO BELIEVE THEY HAVE BEEN SUBJECTED TO A MOTOR VEHICLE STOP BY

 A. 35                               3
 
 A POLICE OFFICER SOLELY ON THE BASIS OF THEIR  RACE,  COLOR,  ETHNICITY,
 AGE, GENDER OR SEXUAL ORIENTATION.
   § 2. This act shall take effect immediately.