S T A T E O F N E W Y O R K
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2941
2013-2014 Regular Sessions
I N A S S E M B L Y
January 22, 2013
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Introduced by M. of A. WRIGHT, ROBINSON, GANTT, MOSLEY, JAFFEE, TITUS --
Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CLARK, FARRELL,
HEASTIE, HOOPER, JACOBS, V. LOPEZ, PEOPLES-STOKES, SCARBOROUGH, TITONE
-- read once and referred to the Committee on Codes
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 SIXTEEN, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00534-01-3
A. 2941 2
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.
4. COMMENCING ON JANUARY FIRST, TWO THOUSAND SIXTEEN, EACH LAW
ENFORCEMENT AGENCY SHALL, USING A FORM TO BE DETERMINED BY THE DIVISION,
RECORD AND RETAIN THE FOLLOWING INFORMATION WITH RESPECT TO LAW ENFORCE-
MENT OFFICERS EMPLOYED BY SUCH AGENCY:
(A) THE NUMBER OF PERSONS STOPPED FOR TRAFFIC VIOLATIONS AND THE
NUMBER OF PERSONS STOPPED WHERE SUCH STOP RESULTED IN A PERSON BEING
PATTED DOWN, FRISKED AND/OR 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 PATTED DOWN, FRISKED AND/OR SEARCHED;
(F) WHETHER A PAT DOWN OR FRISK WAS CONDUCTED AND, IF SO, THE RESULT
OF THE PAT DOWN OR FRISK;
(G) WHETHER A SEARCH WAS CONDUCTED AND, IF SO, THE RESULT OF THE
SEARCH;
(H) IF A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A PERSON, A
PERSON'S PROPERTY, AND/OR A PERSON'S VEHICLE, 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;
(I) WHETHER AN INVENTORY SEARCH OF SUCH PERSON'S IMPOUNDED VEHICLE WAS
CONDUCTED;
(J) WHETHER A WARNING OR CITATION WAS ISSUED;
(K) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE OR CHARGES;
(L) THE APPROXIMATE DURATION OF THE STOP; AND
(M) 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. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY
THE DIVISION. THE REPORT SHALL BE SUBMITTED TO THE DIVISION NO LATER
THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR.
6. NOT LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN, THE DIVISION,
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
A. 2941 3
PRODUCED AND PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR AND FIVE
OF THIS SECTION.
8. EVERY LAW ENFORCEMENT AGENCY SHALL FURNISH ALL DATA/INFORMATION
COLLECTED FROM TRAFFIC STOPS TO THE DIVISION. THE DIVISION SHALL DEVEL-
OP AND IMPLEMENT A PLAN FOR A COMPUTERIZED DATA SYSTEM FOR PUBLIC VIEW-
ING 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
INDIVIDUAL.
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 2. This act shall take effect on the thirtieth 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.