S T A T E O F N E W Y O R K
________________________________________________________________________
9568
I N A S S E M B L Y
March 16, 2012
___________
Introduced by M. of A. JAFFEE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to establishing the
office of law enforcement professional standards
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-aa
to read as follows:
S 837-AA. OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE OF LAW ENFORCE-
MENT PROFESSIONAL STANDARDS.
(B) "OFFICE" SHALL MEAN THE OFFICE OF LAW ENFORCEMENT PROFESSIONAL
STANDARDS.
2. CREATION OF THE OFFICE. (A) THERE IS HEREBY CREATED IN THE DIVISION
OF CRIMINAL JUSTICE SERVICES UNDER THE DIRECTION OF THE ATTORNEY GENERAL
AN OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS WHICH SHALL PERFORM
SUCH ADMINISTRATIVE, INVESTIGATIVE, POLICY AND TRAINING OVERSIGHT, AND
MONITORING FUNCTIONS, AS THE ATTORNEY GENERAL SHALL DIRECT, TO ASSURE
AND MAINTAIN THE INTEGRITY OF LAW ENFORCEMENT ACTIVITIES AND TO PROVIDE
ASSISTANCE TO LAW ENFORCEMENT ENTITIES STATEWIDE, INCLUDING BUT NOT
LIMITED TO, ESTABLISHING POLICIES AND PROCEDURES TO PROHIBIT 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) THE OFFICE SHALL TAKE APPROPRIATE STEPS TO PROMOTE AND ENSURE
COMPLIANCE WITH THE GENERAL POLICY THAT ALL LAW ENFORCEMENT OFFICERS NOT
RELY TO ANY DEGREE ON THE RACE OR NATIONAL OR ETHNIC ORIGIN OF MOTORISTS
IN SELECTING VEHICLES FOR TRAFFIC STOPS, OR IN DECIDING UPON THE SCOPE
AND SUBSTANCE OF POST-STOP ACTIONS.
(C) THE ATTORNEY GENERAL SHALL APPOINT A DIRECTOR OF THE OFFICE OF LAW
ENFORCEMENT PROFESSIONAL STANDARDS. SUCH PERSON SHALL HAVE EDUCATION,
EXPERIENCE OR PROFESSIONAL BACKGROUND IN THE FIELDS OF LAW, INVESTI-
GATION, CRIMINAL PRACTICE AND ADMINISTRATION.
(D) THE DIRECTOR, MAY WITH THE APPROVAL OF THE ATTORNEY GENERAL,
ORGANIZE THE WORK OF THE OFFICE INTO SUCH BUREAUS AND OTHER ORGANIZA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11956-02-1
A. 9568 2
TIONAL UNITS AS MAY BE NECESSARY. THE ATTORNEY GENERAL MAY ASSIGN TO THE
OFFICE SUCH EMPLOYEES OF THE DIVISION AS MAY BE NECESSARY.
(E) ALL LAW ENFORCEMENT AGENCIES OPERATING UNDER THE AUTHORITY OF THE
LAW OF THE STATE OF NEW YORK SHALL COOPERATE AND AID THE OFFICE IN THE
PERFORMANCE OF ITS DUTIES.
3. DUTIES AND FUNCTIONS OF THE OFFICE. (A) (1) THE OFFICE SHALL
PROMULGATE A WRITTEN POLICY THAT SHALL BE ADOPTED BY EVERY LOCAL AND
STATE POLICE DEPARTMENT 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.
(2) THE OFFICE SHALL DEVELOP A WRITTEN FORM THAT EACH MUNICIPAL POLICE
DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE POLICE SHALL
USE, TO RECORD AND RETAIN THE FOLLOWING INFORMATION: (I) THE NUMBER OF
PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II) CHARACTERISTICS OF RACE,
COLOR, ETHNICITY, GENDER AND AGE OF SUCH PERSONS, PROVIDED THE IDENTIFI-
CATION 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 ADDI-
TIONAL INFORMATION THAT SUCH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S
OFFICE, OR THE DIVISION OF STATE POLICE, AS THE CASE MAY BE, DEEMS
APPROPRIATE.
(3) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVI-
SION OF STATE POLICE SHALL PROVIDE TO THE OFFICE: (I) A COPY OF EACH
COMPLAINT RECEIVED PURSUANT TO THIS SECTION; AND (II) WRITTEN NOTIFICA-
TION OF THE REVIEW AND DISPOSITION OF SUCH COMPLAINT.
(B) (I) THE OFFICE SHALL SET UP A PROCEDURE TO RECEIVE, REVIEW, AND
INVESTIGATE COMPLAINTS BY CITIZENS THAT STATE AND LOCAL LAW ENFORCEMENT
ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR THE CITIZEN
WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH ACTION WAS
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.
(II) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL REFER ALL
COMPLAINTS RECEIVED FROM CITIZENS THAT STATE AND LOCAL LAW ENFORCEMENT
ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR THE CITIZEN
WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH ACTION WAS
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 TO THE OFFICE.
(III) AFTER THE OFFICE COMPLETES ITS INVESTIGATION OF SUCH COMPLAINTS
AND THE OFFICE FINDS ANY INDICATION OF WRONGDOING THE OFFICE SHALL BE
REFERRED TO THE STATE AND LOCAL LAW ENFORCEMENT INTERNAL AFFAIRS BUREAU
AND ANY OTHER ACTIONS DEEMED APPROPRIATE BY THE ATTORNEY GENERAL.
(C) THE OFFICE SHALL BE AUTHORIZED TO CONDUCT OPERATIONAL AUDITS AND
INDEPENDENT ANALYSES OF DATA, INCLUDING SUCH DATA AS COLLECTED PURSUANT
TO SUBDIVISION TWO OF THIS SECTION AND OTHER DATA AS NECESSARY AND
APPROPRIATE, TO IDENTIFY ANY POTENTIAL DISPARITY IN ENFORCEMENT AND
SYSTEMIC PROBLEMS THAT MAY EXIST THAT AFFECT MOTOR VEHICLE STOPS AND
POST-STOP ENFORCEMENT ACTIONS, SUPERVISION OF PATROL ACTIVITIES, TRAIN-
ING PROVIDED TO LAW ENFORCEMENT OFFICIALS, INVESTIGATIONS OF ALLEGED
MISCONDUCT, ANY OTHER MATTERS THAT MAY AFFECT THE INTEGRITY OF NEW YORK
A. 9568 3
STATE LAW ENFORCEMENT AGENCIES AND DEPARTMENTS AND SHALL MAKE RECOMMEN-
DATIONS FOR APPROPRIATE ACTIONS.
(D) THE OFFICE SHALL HAVE TIMELY ACCESS TO ALL DATA AND OTHER RECORDS
MAINTAINED BY THE STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT ARE
DEEMED NECESSARY BY THE DIRECTOR TO CONDUCT INDEPENDENT ANALYSES AND TO
PERFORM THE FUNCTIONS AUTHORIZED BY THIS SECTION. NOTHING IN THIS
SECTION SHALL BE DEEMED TO REQUIRE THE DISCLOSURE OF RECORDS OR DATA IN
VIOLATION OF ANY CONSTITUTIONAL OR STATUTORY PRIVACY PROTECTIONS OR ANY
COLLECTIVE BARGAINING RIGHTS.
4. AUTHORITY OF THE OFFICE. THE OFFICE SHALL HAVE THE SPECIFIC AUTHOR-
ITY TO PERFORM THE FOLLOWING FUNCTIONS:
(A) REVIEW THE PROCEDURES AND IMPLEMENTATION RELATED TO STATE AND
LOCAL LAW ENFORCEMENT AGENCIES CONCERNING MOTOR VEHICLE STOPS AND POST-
STOP ENFORCEMENT ACTIONS, SUPERVISION OF PATROL ACTIVITIES, TRAINING
PROVIDED TO LAW ENFORCEMENT MEMBERS ASSIGNED TO PATROL DUTIES AND THE
CONDUCT OF INVESTIGATIONS OF ALLEGED MISCONDUCT AND OTHER INTERNAL
AFFAIRS;
(B) MONITOR, REVIEW AND EVALUATE THE QUALITY AND TIMELINESS OF THE
STATE AND LOCAL LAW ENFORCEMENT AGENCIES' CONDUCT OF INVESTIGATION OF
ALLEGED MISCONDUCT, DISCIPLINARY ACTIONS AND INTERVENTIONS, SUPERVISORY
ACTIONS, REPORTS, MOTOR VEHICLE STOP REPORTS AND LOGS AND SUPERVISORY
REVIEWS;
(C) APPROVE THE CURRICULA, PRESCRIBE TRAINER QUALIFICATIONS, AND
REVIEW THE TRAINING OF STATE AND LOCAL LAW ENFORCEMENT MEMBERS ON
CULTURAL AWARENESS, LAW ENFORCEMENT ETHICS AND LEADERSHIP, CONSTITU-
TIONAL LAW PERTAINING TO ARREST, SEARCH AND SEIZURE, EQUAL PROTECTION,
AND OTHER RELEVANT LAW ENFORCEMENT ISSUES THE DIRECTOR DEEMS NECESSARY
OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION; AND
(D) REVIEW ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES' INTERNAL
AFFAIRS INVESTIGATIONS AND DISPOSITIONS, INCLUDING ANY DECISION BY AN
AGENCY NOT TO REFER A COMPLAINT, FROM A CITIZEN OR OTHER SOURCE, TO THE
OFFICE TO ASCERTAIN WHETHER LAW ENFORCEMENT AGENCIES HAVE COMPLIED WITH
APPLICABLE OPERATING PROCEDURES, WHETHER THE OUTCOMES OF THOSE INVESTI-
GATIONS ARE SUPPORTED BY THE EVIDENCE, WHETHER ANY DISCIPLINE IMPOSED
WAS APPROPRIATE AND MAKE RECOMMENDATIONS TO THE ATTORNEY GENERAL FOR
APPROPRIATE REMEDIAL ACTION.
5. REPORTS. (A) THE OFFICE SHALL PREPARE ANNUAL PUBLIC REPORTS THAT
INCLUDE AGGREGATE STATISTICS ON STATE AND LOCAL LAW ENFORCEMENT ACTIV-
ITIES AND PROCEDURES AND AGGREGATE DATA ON RACE, COLOR, ETHNICITY,
GENDER AND AGE OF SUCH PERSONS INVOLVED IN THE TRAFFIC STOP. THESE
REPORTS SHALL INCLUDE AGGREGATE STATISTICS ON THE NUMBER OF MOTOR VEHI-
CLE STOPS, REASON FOR STOPS, ENFORCEMENT ACTIONS, INCLUDING BUT NOT
LIMITED TO, CITATIONS, WARNINGS AND ARRESTS, NUMBER OF SEARCHES
CONDUCTED, AND THE USE OF FORCE. THE REPORTS SHALL ALSO INCLUDE AGGRE-
GATE STATISTICS OF THE NUMBER OF CRIMINAL CHARGES FILED, CONTRABAND
SEIZURES AND WANTED PERSONS TAKEN INTO CUSTODY AS A RESULT OF MOTOR
VEHICLE STOPS.
(B) THE OFFICE SHALL PREPARE ANNUAL REPORTS PROVIDING AGGREGATE DATA
REGARDING MISCONDUCT INVESTIGATIONS AND THE NUMBER OF EXTERNAL, INTER-
NAL, AND TOTAL COMPLAINTS RECEIVED AND THE DISPOSITION OF THOSE
COMPLAINTS.
(C) THE ATTORNEY GENERAL SHALL, ON AN ANNUAL BASIS, REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS SECTION.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall become a law.