Senate Bill S3026

2021-2022 Legislative Session

Relates to traffic stops conducted by law enforcement officers involving racial profiling

download bill text pdf

Sponsored By

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

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2021-S3026 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2280
2011-2012: S1496
2013-2014: S1833
2015-2016: S935
2017-2018: S3079
2019-2020: S3252
2023-2024: S2624

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

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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