Senate Bill S2280

2009-2010 Legislative Session

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

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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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Bill Amendments

co-Sponsors

2009-S2280 - Details

See Assembly Version of this Bill:
A3546
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1496, A4016
2013-2014: S1833, A4682
2015-2016: S935, A6398
2017-2018: S3079, A253
2019-2020: S3252, A35
2021-2022: S3026, A158
2023-2024: S2624, A6649

2009-S2280 - 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.

2009-S2280 - Sponsor Memo

2009-S2280 - Bill Text download pdf

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

                                  2280

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced   by  Sens.  PARKER,  ADAMS,  BRESLIN,  DIAZ,  DILAN,  DUANE,
  HASSELL-THOMPSON, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER,  SAMPSON,
  SCHNEIDERMAN,  THOMPSON  --  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-s
to read as follows:
  S 837-S. 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 ELEVEN, EACH MUNICI-
PAL 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.
  (B)  COMMENCING  ON JANUARY FIRST, TWO THOUSAND ELEVEN, EACH MUNICIPAL
POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION  OF  STATE  POLICE

              

co-Sponsors

2009-S2280A (ACTIVE) - Details

See Assembly Version of this Bill:
A3546
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1496, A4016
2013-2014: S1833, A4682
2015-2016: S935, A6398
2017-2018: S3079, A253
2019-2020: S3252, A35
2021-2022: S3026, A158
2023-2024: S2624, A6649

2009-S2280A (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.

2009-S2280A (ACTIVE) - Sponsor Memo

2009-S2280A (ACTIVE) - Bill Text download pdf

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

                                 2280--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced   by  Sens.  PARKER,  ADAMS,  BRESLIN,  DIAZ,  DILAN,  DUANE,
  HASSELL-THOMPSON, KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER,  SAMPSON,
  SCHNEIDERMAN,  THOMPSON  --  read  twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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-s
to read as follows:
  S 837-S. 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 TWELVE, EACH MUNICI-
PAL  POLICE  DEPARTMENT,  SHERIFF'S  OFFICE,  AND  THE DIVISION OF STATE
POLICE SHALL  ADOPT  A  WRITTEN  POLICY  THAT  PROHIBITS  THE  STOPPING,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01613-02-0
              

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