Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to finance |
Jan 27, 2021 |
referred to finance |
Senate Bill S3026
2021-2022 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Finance 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
2021-S3026 (ACTIVE) - Details
2021-S3026 (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.
2021-S3026 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3026 SPONSOR: PARKER TITLE OF BILL: An act to amend the executive law, in relation to traffic stops conducted by law enforcement officers PURPOSE: The proposed legislation will define and prohibit racial/ethnic profil- ing; the practice of stopping someone based on the racial or ethnic status of that person; and create a sight of action for individuals who have victimized by racial/ethnic profiling. SUMMARY OF SPECIFIC PROVISIONS: * Amends the executive law by adding a new section 837-s with, essen- tially, five new provisions; *Defines racial profiling as the detention, interdiction or other dispa-
2021-S3026 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3026 2021-2022 Regular Sessions I N S E N A T E January 27, 2021 ___________ Introduced by Sen. PARKER -- 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 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-w to read as follows: § 837-W. 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-THREE, 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. LBD04257-01-1
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