NY State Senate Bill 2011-S1496

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 23, 2012	print number 1496a
May 23, 2012	amend and recommit to finance
Jan 04, 2012	referred to finance
Jan 07, 2011	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

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2011-S1496 - Details

See Assembly Version of this Bill:: A4016
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2280, A3546
2013-2014: S1833, A4682
2015-2016: S935, A6398
2017-2018: S3079, A253
2019-2020: S3252, A35
2021-2022: S3026, A158
2023-2024: S2624, A6649
2025-2026: S4000, A7181

2011-S1496 - 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.

2011-S1496 - Sponsor Memo

2011-S1496 - Bill Text download pdf

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

                                  1496

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced   by  Sens.  PARKER,  ADAMS,  BRESLIN,  DIAZ,  DILAN,  DUANE,
  HASSELL-THOMPSON, KRUEGER,  MONTGOMERY,  SAMPSON  --  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  THIRTEEN,  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.
  (B) COMMENCING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, EACH MUNICIPAL
POLICE  DEPARTMENT,  SHERIFF'S  OFFICE, AND THE DIVISION OF STATE POLICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01320-01-1

S. 1496                             2

SHALL, USING THE FORM DEVELOPED AND PROMULGATED PURSUANT TO  SUBDIVISION
FIVE  OF  THIS SECTION, RECORD AND RETAIN THE FOLLOWING INFORMATION: (I)
THE NUMBER OF PERSONS STOPPED FOR TRAFFIC  VIOLATIONS;  (II)  CHARACTER-
ISTICS  OF  RACE,  COLOR,  ETHNICITY,  GENDER  AND  AGE OF SUCH PERSONS,
PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS SHALL  BE  BASED  ON
THE  OBSERVATION  AND  PERCEPTION  OF THE POLICE OFFICER RESPONSIBLE FOR
REPORTING THE STOP AND THE INFORMATION  SHALL  NOT  BE  REQUIRED  TO  BE
PROVIDED  BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED TRAFFIC
VIOLATION THAT RESULTED IN THE STOP; (IV) WHETHER A WARNING OR  CITATION
WAS  ISSUED,  AN  ARREST  MADE  OR A SEARCH CONDUCTED AS A RESULT OF THE
STOP; AND (V) ANY ADDITIONAL  INFORMATION  THAT  SUCH  MUNICIPAL  POLICE
DEPARTMENT,  SHERIFF'S  OFFICE,  OR THE DIVISION OF STATE POLICE, AS THE
CASE MAY BE, DEEMS APPROPRIATE.
  (C) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE  DIVI-
SION  OF  STATE POLICE SHALL PROVIDE TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES (I) A COPY OF EACH COMPLAINT RECEIVED PURSUANT TO THIS SECTION,
AND (II) WRITTEN NOTIFICATION OF THE  REVIEW  AND  DISPOSITION  OF  SUCH
COMPLAINT.
  (D) ANY POLICE OFFICER WHO IN GOOD FAITH RECORDS TRAFFIC STOP INFORMA-
TION  PURSUANT  TO  THE  REQUIREMENTS  OF THIS SECTION SHALL NOT BE HELD
CIVILLY LIABLE FOR THE ACT OF  RECORDING  SUCH  INFORMATION  UNLESS  THE
OFFICER'S CONDUCT WAS UNREASONABLE OR RECKLESS.
  (E)  IF  A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVI-
SION OF STATE POLICE  FAILS  TO  COMPLY  WITH  THE  PROVISIONS  OF  THIS
SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER AN APPRO-
PRIATE  PENALTY  IN THE FORM OF THE WITHHOLDING OF STATE FUNDS FROM SUCH
MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE OR THE DIVISION  OF  STATE
POLICE.
  (F)  ON  OR  BEFORE  OCTOBER  FIRST, TWO THOUSAND TWELVE, AND ANNUALLY
THEREAFTER, EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE  AND  THE
DIVISION  OF  STATE  POLICE  SHALL  PROVIDE  TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES, IN SUCH FORM  AS  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL  PRESCRIBE, A SUMMARY REPORT OF THE INFORMATION RECORDED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (G) THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  PROVIDE  FOR  A
REVIEW OF THE PREVALENCE AND DISPOSITION OF TRAFFIC STOPS AND COMPLAINTS
REPORTED  PURSUANT  TO  THIS  SECTION. NOT LATER THAN JANUARY FIRST, TWO
THOUSAND FOURTEEN, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
REPORT  TO  THE  GOVERNOR AND THE SENATE AND THE ASSEMBLY THE RESULTS OF
SUCH REVIEW, INCLUDING ANY RECOMMENDATIONS.
  5. NOT LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN,  THE  DIVISION
OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND PROMULGATE:
  (A)  A  FORM,  IN  BOTH  PRINTED  AND ELECTRONIC FORMAT, TO BE USED BY
POLICE OFFICERS WHEN MAKING A TRAFFIC STOP TO RECORD PERSONAL  IDENTIFY-
ING INFORMATION ABOUT THE OPERATOR OF THE MOTOR VEHICLE THAT IS STOPPED,
THE  LOCATION OF THE STOP, THE REASON FOR THE STOP AND OTHER INFORMATION
THAT IS REQUIRED TO BE RECORDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION; AND
  (B) A FORM, IN BOTH PRINTED AND  ELECTRONIC  FORMAT,  TO  BE  USED  TO
REPORT  COMPLAINTS  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS SECTION BY
PERSONS WHO BELIEVE THEY HAVE BEEN SUBJECTED TO A MOTOR VEHICLE STOP  BY
A  POLICE  OFFICER  SOLELY ON THE BASIS OF THEIR RACE, COLOR, ETHNICITY,
AGE, GENDER OR SEXUAL ORIENTATION.
  S 2. This act shall take effect immediately.

co-Sponsors

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2011-S1496A (ACTIVE) - Details

See Assembly Version of this Bill:: A4016
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2280, A3546
2013-2014: S1833, A4682
2015-2016: S935, A6398
2017-2018: S3079, A253
2019-2020: S3252, A35
2021-2022: S3026, A158
2023-2024: S2624, A6649
2025-2026: S4000, A7181

2011-S1496A (ACTIVE) - Summary

2011-S1496A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1496A

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
profiling; the practice of stopping someone based on the racial or
ethnic status of that person; and create a right 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,
essentially, five new provisions;

* Defines racial profiling as the detention, interdiction or other
disparate treatment of an individual solely on the basis of the racial
or ethnic status of such individuals;

* Prohibits racial profiling;

* Establishes that race or ethnicity shall not be the sole factor in
determining probable cause;

* Establishes a law enforcement written data collection policy

regarding racial profiling;

* Establishes a reporting system to the legislature;

* Establishes a private right of action for individuals subject to
bias-based profiling.

JUSTIFICATION:
There is an increasing public perception around the nation of bias
against racial and or ethnic groups in traffic stops. There is much
anecdotal evidence suggesting that this bias exists but little, if
any, hard statistics to prove such a bias. North Carolina has passed
legislation requiring that data be collected on all traffic stops.
Connecticut has passed legislation prohibiting racial profiling as
well as requiring data collection. Other states are now studying this
issue. It is time for New York to join these states by outlawing
racial profiling and by requiring collection of data on traffic stops.
No American should endure a traffic stop because of his or her race or
ethnicity. No driver should fear driving because he or she might be
stopped based only on the color of their skin. New York State should
lead the way in prohibiting this pernicious practice and in collecting
relevant data on the issue.  Those individuals who are harmed by these
biased actions should be able to enforce this legislation through a
private right of action.

PRIOR LEGISLATIVE HISTORY:;
2010:   S.2280A Referred to Finance
        A.3S46A Referred to Finance
2008:   A.3961A Referred to Finance
2006:   S.641   Referred to Finance


        A.3811  Referred to Finance
2004:   S.3128  Referred to Finance
        A.7215  Referred to Finance
2002:   S.1512A Referred to Finance
        A.2392A Referred to Finance

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S1496A (ACTIVE) - Bill Text download pdf

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

                                 1496--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  PARKER,  ADAMS,  BRESLIN,  CARLUCCI, DIAZ, DILAN,
  DUANE, HASSELL-THOMPSON, KRUEGER, MONTGOMERY, SAMPSON  --  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 THIRTEEN, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01320-02-2

S. 1496--A                          2

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 THIRTEEN, EACH MUNICIPAL
POLICE  DEPARTMENT,  SHERIFF'S  OFFICE, AND THE DIVISION OF STATE POLICE
SHALL, USING THE FORM DEVELOPED AND PROMULGATED PURSUANT TO  SUBDIVISION
FIVE  OF  THIS SECTION, RECORD AND RETAIN THE FOLLOWING INFORMATION: (I)
THE NUMBER OF PERSONS STOPPED FOR TRAFFIC  VIOLATIONS;  (II)  CHARACTER-
ISTICS  OF  RACE,  COLOR,  ETHNICITY,  GENDER  AND  AGE OF SUCH PERSONS,
PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS SHALL  BE  BASED  ON
THE  OBSERVATION  AND  PERCEPTION  OF THE POLICE OFFICER RESPONSIBLE FOR
REPORTING THE STOP AND THE INFORMATION  SHALL  NOT  BE  REQUIRED  TO  BE
PROVIDED  BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED TRAFFIC
VIOLATION THAT RESULTED IN THE STOP; (IV) WHETHER A WARNING OR  CITATION
WAS  ISSUED,  AN  ARREST  MADE  OR A SEARCH CONDUCTED AS A RESULT OF THE
STOP; AND (V) ANY ADDITIONAL  INFORMATION  THAT  SUCH  MUNICIPAL  POLICE
DEPARTMENT,  SHERIFF'S  OFFICE,  OR THE DIVISION OF STATE POLICE, AS THE
CASE MAY BE, DEEMS APPROPRIATE.
  (C) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE  DIVI-
SION  OF  STATE POLICE SHALL PROVIDE TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES (I) A COPY OF EACH COMPLAINT RECEIVED PURSUANT TO THIS SECTION,
AND (II) WRITTEN NOTIFICATION OF THE  REVIEW  AND  DISPOSITION  OF  SUCH
COMPLAINT.
  (D) ANY POLICE OFFICER WHO IN GOOD FAITH RECORDS TRAFFIC STOP INFORMA-
TION  PURSUANT  TO  THE  REQUIREMENTS  OF THIS SECTION SHALL NOT BE HELD
CIVILLY LIABLE FOR THE ACT OF  RECORDING  SUCH  INFORMATION  UNLESS  THE
OFFICER'S CONDUCT WAS UNREASONABLE OR RECKLESS.
  (E)  IF  A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVI-
SION OF STATE POLICE  FAILS  TO  COMPLY  WITH  THE  PROVISIONS  OF  THIS
SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER AN APPRO-
PRIATE  PENALTY  IN THE FORM OF THE WITHHOLDING OF STATE FUNDS FROM SUCH
MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE OR THE DIVISION  OF  STATE
POLICE.
  (F)  ON  OR  BEFORE  OCTOBER  FIRST, TWO THOUSAND TWELVE, AND ANNUALLY
THEREAFTER, EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE  AND  THE
DIVISION  OF  STATE  POLICE  SHALL  PROVIDE  TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES, IN SUCH FORM  AS  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL  PRESCRIBE, A SUMMARY REPORT OF THE INFORMATION RECORDED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (G) THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  PROVIDE  FOR  A
REVIEW OF THE PREVALENCE AND DISPOSITION OF TRAFFIC STOPS AND COMPLAINTS
REPORTED  PURSUANT  TO  THIS  SECTION. NOT LATER THAN JANUARY FIRST, TWO
THOUSAND FOURTEEN, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
REPORT  TO  THE  GOVERNOR AND THE SENATE AND THE ASSEMBLY THE RESULTS OF
SUCH REVIEW, INCLUDING ANY RECOMMENDATIONS.
  5. NOT LATER THAN JANUARY FIRST, TWO THOUSAND THIRTEEN,  THE  DIVISION
OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND PROMULGATE:
  (A)  A  FORM,  IN  BOTH  PRINTED  AND ELECTRONIC FORMAT, TO BE USED BY
POLICE OFFICERS WHEN MAKING A TRAFFIC STOP TO RECORD PERSONAL  IDENTIFY-
ING INFORMATION ABOUT THE OPERATOR OF THE MOTOR VEHICLE THAT IS STOPPED,
THE  LOCATION OF THE STOP, THE REASON FOR THE STOP AND OTHER INFORMATION
THAT IS REQUIRED TO BE RECORDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION; AND
  (B) A FORM, IN BOTH PRINTED AND  ELECTRONIC  FORMAT,  TO  BE  USED  TO
REPORT  COMPLAINTS  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS SECTION BY
PERSONS WHO BELIEVE THEY HAVE BEEN SUBJECTED TO A MOTOR VEHICLE STOP  BY

S. 1496--A                          3

A  POLICE  OFFICER  SOLELY ON THE BASIS OF THEIR RACE, COLOR, ETHNICITY,
AGE, GENDER OR SEXUAL ORIENTATION.
  6.  (A) AN INDIVIDUAL SUBJECT TO BIAS-BASED PROFILING, OR AN ORGANIZA-
TION WHOSE INTERESTS ARE GERMANE TO THE PURPOSE  OF  THIS  SECTION,  MAY
ENFORCE  THIS  SECTION IN A CIVIL ACTION FOR ANY OR ALL OF THE FOLLOWING
REMEDIES: COMPENSATORY AND PUNITIVE DAMAGES; INJUNCTIVE AND  DECLARATORY
RELIEF; AND SUCH OTHER RELIEF AS A COURT DEEMS APPROPRIATE.
  (B)  IN  AN  ACTION BROUGHT UNDER THIS SECTION, RELIEF MAY BE OBTAINED
AGAINST:
  (I) ANY GOVERNMENTAL BODY THAT EMPLOYED ANY  LAW  ENFORCEMENT  OFFICER
WHO ENGAGED IN BIAS-BASED PROFILING;
  (II)  ANY LAW ENFORCEMENT OFFICER WHO ENGAGED IN BIAS-BASED PROFILING;
AND
  (III) ANY PERSON WITH SUPERVISORY AUTHORITY OVER SUCH LAW  ENFORCEMENT
OFFICER.
  (C)  AN  UNLAWFUL  DISCRIMINATORY  PRACTICE  IS ESTABLISHED UNDER THIS
SECTION WHEN:
  (I) AN INDIVIDUAL OR ORGANIZATION BRINGS AN ACTION DEMONSTRATING  THAT
A  LAW ENFORCEMENT OFFICER HAS, OR LAW ENFORCEMENT OFFICERS HAVE, INTEN-
TIONALLY ENGAGED IN BIAS-BASED PROFILING OF ONE OR MORE INDIVIDUALS; AND
  (II) THE GOVERNMENTAL BODY, LAW  ENFORCEMENT  OFFICER,  OR  SUPERVISOR
AGAINST WHOM SUCH ACTION IS BROUGHT FAILS TO PROVE THAT:
  (1)  SUCH  BIAS-BASED  PROFILING  IS NECESSARY TO ACHIEVE A COMPELLING
GOVERNMENTAL INTEREST; AND
  (2) THE BIAS-BASED PROFILING IS  NARROWLY  TAILORED  TO  ACHIEVE  THAT
COMPELLING GOVERNMENTAL INTEREST; AND
  (3)  THE  LEAST  RESTRICTIVE MEANS WERE USED TO ACHIEVE THE COMPELLING
GOVERNMENTAL INTEREST; OR
  (III) AN INDIVIDUAL OR ORGANIZATION  BRINGS  AN  ACTION  DEMONSTRATING
THAT  THE  ACTIVITIES  OF A LAW ENFORCEMENT OFFICER HAVE HAD A DISPARATE
IMPACT ON INDIVIDUALS BASED ON ACTUAL OR PERCEIVED RACE, COLOR, ETHNICI-
TY, RELIGION, NATIONAL ORIGIN, DISABILITY, HOUSING  STATUS,  OCCUPATION,
OR SOCIOECONOMIC STATUS; AND
  (1)  THE  GOVERNMENTAL  BODY,  LAW  ENFORCEMENT OFFICER, OR SUPERVISOR
AGAINST WHOM SUCH ACTION IS BROUGHT FAILS TO PROVE A SUBSTANTIAL  JUSTI-
FICATION FOR SUCH ACTIVITIES, AND
  (2)  THE GOVERNMENTAL BODY, LAW ENFORCEMENT OFFICER OR SUPERVISOR DOES
PROVE A SUBSTANTIAL JUSTIFICATION FOR SUCH ACTIVITIES, AND
  (3) THE INDIVIDUAL OR ORGANIZATION DEMONSTRATES A COMPARABLY EFFECTIVE
ALTERNATIVE POLICY OR PRACTICE, WHICH RESULTS IN  LESS  OF  A  DISPARATE
IMPACT.
  (4)  IN  ANY  ACTION OR PROCEEDING TO ENFORCE THIS SECTION AGAINST ANY
GOVERNMENTAL BODY, THE COURT MAY ALLOW A PREVAILING PLAINTIFF REASONABLE
ATTORNEY'S FEES AS PART OF THE COSTS, AND MAY  INCLUDE  EXPERT  FEES  AS
PART OF THE ATTORNEY'S FEE.
  S 2. This act shall take effect immediately.

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Senate Bill S1496

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

co-Sponsors

2011-S1496 - Details

2011-S1496 - Summary

2011-S1496 - Sponsor Memo

2011-S1496 - Bill Text download pdf

co-Sponsors

2011-S1496A (ACTIVE) - Details

2011-S1496A (ACTIVE) - Summary

2011-S1496A (ACTIVE) - Sponsor Memo

2011-S1496A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Bill Amendments

co-Sponsors

2011-S1496 - Details

2011-S1496 - Summary

2011-S1496 - Sponsor Memo

2011-S1496 - Bill Text download pdf

co-Sponsors

2011-S1496A (ACTIVE) - Details

2011-S1496A (ACTIVE) - Summary

2011-S1496A (ACTIVE) - Sponsor Memo

2011-S1496A (ACTIVE) - Bill Text download pdf

Comments