assembly Bill A1676A

2009-2010 Legislative Session

Prohibits police officers from using racial and ethnic profiling

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Sponsored By

Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 01, 2010 referred to rules
delivered to senate
passed assembly
May 03, 2010 amended on third reading 1676a
Jan 06, 2010 ordered to third reading cal.143
returned to assembly
died in senate
Jun 11, 2009 referred to rules
Jun 10, 2009 delivered to senate
passed assembly
May 07, 2009 advanced to third reading cal.508
May 05, 2009 reported
Jan 07, 2009 referred to codes

Co-Sponsors

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Multi-Sponsors

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A1676 - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2288
2013-2014: A2941
2015-2016: A3949
2017-2018: A4879
2019-2020: A4615
2021-2022: A2662

A1676 - Summary

Prohibits police officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against police officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.

A1676 - Bill Text download pdf

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

                                  1676

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. WRIGHT, ROBINSON, GREENE, McENENY, J. RIVERA,
  GANTT, JEFFRIES, JAFFEE, TITUS, POWELL -- Multi-Sponsored by -- M.  of
  A.  BOYLAND,  BRENNAN,  CLARK, DIAZ, FARRELL, HEASTIE, HOOPER, JACOBS,
  JOHN, V. LOPEZ, PEOPLES, PERALTA, SCARBOROUGH, TITONE, TOWNS  --  read
  once and referred to the Committee on Codes

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 ELEVEN, EVERY LAW ENFORCE-
MENT AGENCY SHALL PROMULGATE AND ADOPT A WRITTEN POLICY WHICH  PROHIBITS
RACIAL  OR ETHNIC PROFILING. IN ADDITION, EACH SUCH AGENCY SHALL PROMUL-

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

Co-Sponsors

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Multi-Sponsors

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A1676A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2288
2013-2014: A2941
2015-2016: A3949
2017-2018: A4879
2019-2020: A4615
2021-2022: A2662

A1676A (ACTIVE) - Summary

Prohibits police officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against police officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.

A1676A (ACTIVE) - Sponsor Memo

A1676A (ACTIVE) - Bill Text download pdf

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

                                 1676--A
                                                        Cal. No. 143

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  WRIGHT, ROBINSON, McENENY, J. RIVERA, GANTT,
  JEFFRIES, JAFFEE, TITUS, POWELL -- Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  BRENNAN,  CLARK,  FARRELL,  HEASTIE,  HOOPER,  JACOBS, JOHN,
  V. LOPEZ, PEOPLES-STOKES, SCARBOROUGH, TITONE, TOWNS -- read once  and
  referred  to  the  Committee  on  Codes  --  reported  from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

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.

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