senate Bill S1872

2011-2012 Legislative Session

Relates to ethnic or racial profiling

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 13, 2011 referred to finance

Co-Sponsors

S1872 - Details

Law Section:
Executive Law
Laws Affected:
Add ยง837-s, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S8250

S1872 - Summary

Relates to ethnic or racial profiling; prohibits law enforcement agencies and officers from engaging in racial or ethnic profiling.

S1872 - Sponsor Memo

S1872 - Bill Text download pdf

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

                                  1872

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- 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 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  THIRTEEN,  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 INDIVIDUALS  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06303-01-1

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