NY State Senate Bill 2009-S6329

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2010	notice of committee consideration - requested
Jan 25, 2010	committee discharged and committed to finance
Jan 06, 2010	referred to rules
Dec 07, 2009	referred to rules

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2009-S6329 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-s, Exec L

2009-S6329 (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.

2009-S6329 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6329

 TITLE OF BILL :
An act to amend the executive law, in relation to ethnic or racial
profiling


 PURPOSE :
Prohibits law enforcement officers from engaging in racial and ethnic
profiling in New York State, requires collection of data on traffic
and street stops, and authorizes the Attorney General to seek
injunctive relief in such cases.

 SUMMARY OF PROVISIONS :
Section 1 names this act as "Marvin's Law" after an 11 year old
Buffalo resident who was mistaken for an alleged criminal and taken
into police custody.

§ 2 amends the Executive Law by creating a new § 837-s.

Subdivision 1 contains definitions, including a definition for "racial
or ethnic profiling."

Subdivision 2 prohibits law enforcement agencies and law enforcement
officers from engaging in racial or ethnic profiling.

Subdivision 3 requires law enforcement agencies to promulgate and
adopt procedures for reviewing complaints of racial or ethnic
profiling and taking corrective measures. A copy of each complaint and
a written summary of the disposition must be forwarded to the Division
of Criminal Justice Services.

Subdivision 4 requires each law enforcement agency to collect and
maintain data with respect to traffic stops and persons patted down,
frisked and searched.

Subdivision 5 requires every law enforcement agency to compile the
data collected and forward an annual report to the Division of
Criminal Justice Services by March of each year.

Subdivision 6 directs the Division of Criminal Justice Services, in
consultation with the Attorney General, to develop appropriate forms.

Subdivision 7 requires law enforcement agencies to make documents
required by this bill available to the Attorney General within five
days of a demand.

Subdivision 8 requires law enforcement agencies to provide all data
collected from traffic stops to the Division of Criminal Justice
Services. The division shall implement a computerized data system for
public viewing of such data and shall publish an annual report on law
enforcement traffic stops without revealing the identity of any
individuals.

Subdivision 9 states that an action for injunctive relief and! or for
damages may be brought by the Attorney General on behalf of the people
against a law enforcement agency that has engaged in racial or ethnic
profiling. A court may award costs and reasonable attorney fees to a
prevailing plaintiff.

Subdivision 10 states that an action for injunctive relief and/or for
damages may be brought by an individual that has been the subject of
racial profiling against a law enforcement agency that has engaged in
racial or ethnic profiling. A court may award costs and reasonable
attorney fees to a prevailing plaintiff.

Subdivision 11 provides that § 837-s does not diminish or abrogate any
other right, remedy or cause of action which an individual who has
been the subject of racial profiling may have.

§ 3 Makes this act effective ninety days after it shall have become
law.

 EXISTING LAW :
New York State currently has no statutory prohibition on racial
profiling.

 JUSTIFICATION :
This legislation has been named after Marvin G., a young black male
who was the victim of racial profiling at the age of 11. After he was
wrongly identified as a person who the police was looking for - a man
in his 30's - Marvin was taken into custody by the police. Being
wrongly accused of a crime would be traumatic for most people, but for
an 11 year old it was a devastating experience. Marvin's experience
left him with problems in school and in fear of the police whom he was
taught would protect him. only after undergoing professional
counseling has Marvin been able to move on with his life. It is his
hope that, through the adoption of a complete ban on racial profiling,
other young men and women will avoid similar treatment at the hands of
the police. The use of race or ethnicity as a criterion which gives
rise to the suspicion of criminal activity is commonly referred to as
"racial profiling." Blacks, Hispanics and other minority groups have
long been the victims of racial profiling, which includes unjustified
stops, both in their vehicles and on the street, by law enforcement
officers.

This deplorable practice has gained national attention in recent
years. A complaint filed in the U.S. District Court (United States of
America v. State of New Jersey & the Division of State police of the
New Jersey Department of Law and Public Safety: Civil
 99-5970 MLC) alleged a long-standing pattern of conduct by New Jersey
State police that deprived persons of rights, privileges, or
immunities secured or protected by the Constitution and the laws of
the United States.

In New York State, there has been no systematic effort to collect and
analyze statistics that would help determine whether racial profiling
occurs, or to establish policies dealing directly with the issue of
racial profiling.

This legislation will prohibit the use of racial and ethnic profiling
by law enforcement in New York State. It will result in the adoption
of policies and procedures to collect data on racial and ethnic
profiling, and establish a public data base containing the collected
data which will promote law enforcement integrity as well as to
promote community support, particularly minority communities, for law
enforcement.

 LEGISLATIVE HISTORY :
S.1599-A (PATERSON) of 2005-06/Referred to Finance.
S.4389 of (SMITH) of 2007-08/Referred to Finance

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, the
addition, amendment and! or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective
date.

2009-S6329 (ACTIVE) - Bill Text download pdf

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

                                  6329

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            December 7, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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. Short title.  This act shall be known and may be  cited  as
"Marvin's law".
  S  2.  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 NEXT SUCCEEDING THE  EFFECTIVE  DATE  OF
THIS  SECTION, EVERY LAW ENFORCEMENT AGENCY SHALL PROMULGATE AND ADOPT A
WRITTEN POLICY WHICH PROHIBITS RACIAL OR ETHNIC PROFILING. IN  ADDITION,
EACH  SUCH  AGENCY  SHALL PROMULGATE AND ADOPT PROCEDURES FOR THE REVIEW
AND THE TAKING OF CORRECTIVE ACTION WITH RESPECT TO COMPLAINTS BY  INDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04443-01-9

S. 6329                             2

VIDUALS  WHO  ALLEGE THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC
PROFILING. A COPY OF EACH  SUCH  COMPLAINT  RECEIVED  PURSUANT  TO  THIS
SECTION  AND  WRITTEN NOTIFICATION OF THE REVIEW AND DISPOSITION OF SUCH
COMPLAINT  SHALL  BE PROMPTLY PROVIDED BY SUCH AGENCY TO THE DIVISION OF
CRIMINAL JUSTICE SERVICES.
  4. COMMENCING ON JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE  DATE  OF
THIS  SECTION,  EACH  LAW  ENFORCEMENT  AGENCY SHALL, USING A FORM TO BE
DETERMINED BY THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES,  RECORD  AND
RETAIN  THE  FOLLOWING INFORMATION WITH RESPECT TO LAW ENFORCEMENT OFFI-
CERS EMPLOYED BY SUCH AGENCY:
  (A) THE NUMBER OF PERSONS  STOPPED  FOR  TRAFFIC  VIOLATIONS  AND  THE
NUMBER OF PERSONS PATTED DOWN, FRISKED AND SEARCHED;
  (B)  THE  CHARACTERISTICS OF RACE, COLOR, ETHNICITY, GENDER AND AGE OF
EACH SUCH PERSON, PROVIDED THE IDENTIFICATION  OF  SUCH  CHARACTERISTICS
SHALL  BE BASED ON THE OBSERVATION AND PERCEPTION OF THE OFFICER RESPON-
SIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT  BE  REQUIRED
TO BE PROVIDED BY THE PERSON STOPPED;
  (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
MOTOR VEHICLE;
  (D)  WHETHER  IMMIGRATION STATUS WAS QUESTIONED, IMMIGRATION DOCUMENTS
REQUESTED, AND IF ANY FURTHER INQUIRY WAS MADE TO  THE  IMMIGRATION  AND
NATURALIZATION  SERVICE  WITH  RESPECT  TO  ANY PERSON STOPPED OR IN THE
MOTOR VEHICLE;
  (E) THE NATURE OF THE ALLEGED TRAFFIC VIOLATION THAT RESULTED  IN  THE
STOP  OR THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING
STOPPED AND FRISKED OR SEARCHED;
  (F) WHETHER A SEARCH WAS CONDUCTED AND,  IF  SO,  THE  RESULT  OF  THE
SEARCH;
  (G)  IF  A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A PERSON OR
THE PERSON'S PROPERTY, AND WHETHER THE SEARCH WAS CONDUCTED PURSUANT  TO
CONSENT  AND  IF  NOT, THE BASIS FOR CONDUCTING THE SEARCH INCLUDING ANY
ALLEGED CRIMINAL BEHAVIOR THAT JUSTIFIED THE SEARCH;
  (H) WHETHER A WARNING OR CITATION WAS ISSUED;
  (I) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE;
  (J) THE APPROXIMATE DURATION OF THE STOP; AND
  (K) THE TIME AND LOCATION OF THE STOP.
  5. EVERY LAW ENFORCEMENT AGENCY  SHALL  COMPILE  THE  INFORMATION  SET
FORTH  IN  SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR INTO A
REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE FORMAT OF  SUCH
REPORT SHALL BE DETERMINED BY SUCH DIVISION. THE REPORT SHALL BE SUBMIT-
TED  TO  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES NO LATER THAN MARCH
FIRST OF THE FOLLOWING CALENDAR YEAR.
  6. NOT LATER THAN JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE  OF
THIS SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION
WITH THE ATTORNEY GENERAL, SHALL DEVELOP AND PROMULGATE:
  (A)  A  FORM  IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY LAW
ENFORCEMENT OFFICERS TO RECORD THE  INFORMATION  LISTED  IN  SUBDIVISION
FOUR  OF  THIS  SECTION  WHEN MAKING A TRAFFIC STOP OR WHEN STOPPING AND
FRISKING AN INDIVIDUAL; AND
  (B) A FORM TO BE USED TO REPORT  COMPLAINTS  PURSUANT  TO  SUBDIVISION
THREE  OF  THIS  SECTION  BY  INDIVIDUALS  WHO  BELIEVE  THEY  HAVE BEEN
SUBJECTED TO RACIAL OR ETHNIC PROFILING.
  7. EVERY LAW ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO  THE  ATTORNEY
GENERAL,  UPON FIVE DAYS DEMAND AND NOTICE, THE DOCUMENTS REQUIRED TO BE
PRODUCED AND PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR  AND  FIVE
OF THIS SECTION.

S. 6329                             3

  8.  EVERY  LAW  ENFORCEMENT  AGENCY SHALL FURNISH ALL DATA/INFORMATION
COLLECTED FROM  TRAFFIC  STOPS  TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES.  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND
IMPLEMENT A PLAN FOR A COMPUTERIZED DATA SYSTEM FOR  PUBLIC  VIEWING  OF
SUCH  DATA  AND SHALL PUBLISH AN ANNUAL REPORT ON DATA COLLECTED FOR THE
GOVERNOR, THE LEGISLATURE, AND THE PUBLIC  ON  LAW  ENFORCEMENT  TRAFFIC
STOPS.  INFORMATION  RELEASED SHALL NOT REVEAL THE IDENTITY OF ANY INDI-
VIDUAL.
  9. THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF  OF  THE  PEOPLE
FOR  INJUNCTIVE  RELIEF  AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY
THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING
IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD
COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS  IN  SUCH
AN ACTION.
  10.  IN  ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVISION
NINE OF THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF  AN  ACT
OR  ACTS  OF  RACIAL PROFILING MAY BRING AN ACTION FOR INJUNCTIVE RELIEF
AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY THAT IS  ENGAGED  IN  OR
HAS  ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING.  THE COURT MAY AWARD
COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS  IN  SUCH
AN ACTION.
  11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO-
GATING  ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO HAS
BEEN SUBJECT TO RACIAL OR ETHNIC PROFILING  MAY  HAVE  PURSUANT  TO  ANY
OTHER PROVISION OF LAW.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.

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Senate Bill S6329

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

2009-S6329 (ACTIVE) - Details

2009-S6329 (ACTIVE) - Summary

2009-S6329 (ACTIVE) - Sponsor Memo

2009-S6329 (ACTIVE) - Bill Text download pdf

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Sponsored By

Antoine M. Thompson

Archive: Last Bill Status - In Senate Committee Finance Committee

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co-Sponsors

Eric Adams

Pedro Espada Jr.

Ruth Hassell-Thompson

Shirley L. Huntley

2009-S6329 (ACTIVE) - Details

2009-S6329 (ACTIVE) - Summary

2009-S6329 (ACTIVE) - Sponsor Memo

2009-S6329 (ACTIVE) - Bill Text download pdf

Comments