NY State Senate Bill 2015-S1748

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
Jan 06, 2016	referred to finance
Jan 14, 2015	referred to finance

2015-S1748 (ACTIVE) - Details

See Assembly Version of this Bill:: A5364
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 13-B §§268 & 269, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7309
2013-2014: S2845
2017-2018: S3117, A1634
2019-2020: A5238

2015-S1748 (ACTIVE) - Summary

Relates to prohibiting bias-based profiling by state and local law enforcement officers.

2015-S1748 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1748

TITLE OF BILL:  An act to amend the executive law, in relation to
prohibiting bias-based profiling by state and local law enforcement
officers

PURPOSE OR GENERAL IDEA OF BILL:

To address concerns of discrimination derived from police
stop-and-frisk tactics.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Legislative Intent - to protect the personal privacy of all
New Yorkers, to shield police officers from false claims of
wrongdoing, and to contribute to the efficiency and effectiveness of
our criminal justice system.

Section 2: creates Article 13-B of the Executive law - Sec.268 - Proof
of consent prior to conducting searches - prior to conducting a search
without a warrant an officer shall articulate that the person is being
asked to voluntarily consent to a search, create an audio or written
and signed record of such consent prior to the search.  Failure to
comply shall be considered a factor in determining the voluntariness
of the consent.

Sec. 269 - Report - The New York State police and local law
enforcement shall submit an annual report to the legislature which
shall include the total number of searches broken down by each
precinct and by the race, ethnicity, sex and age of the person
searched. The report shall also include the total number of declined
searches.

Section 3: Severability clause

Section 4: This act shall take effect the 90th day after it shall have
become law.

JUSTIFICATION:

Of the 685,724 New Yorkers that were subjected to stop and frisk in
2011, 88% were innocent and the only common theme was that the
majority of those stopped were Black or Latino see, http://www
nyclu.org/content/stop-and frisk-data). The studies have shown that
although the amount of stop-and-frisks have increased, the amount of
arrests remain dismal. There is an invasion of privacy and a dynamic
of mistrust created by stop-and-frisk tactics which in turn
compromises the

PRIOR LEGISLATIVE HISTORY:

2014: S2845 - Finance 2012: S.7309-A - Finance

FISCAL IMPLICATIONS:

Unknown.


EFFECTIVE DATE:

This act shall take effect on the 90th day after it shall have become
law.

2015-S1748 (ACTIVE) - Bill Text download pdf

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

                                  1748

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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 prohibiting bias-based
  profiling by state and local law enforcement officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Declaration of legislative intent and findings. The legis-
lature finds that bias-based policing endangers New  York  state's  long
tradition of serving as a welcoming place for people of all backgrounds.
The  legislature  further finds that the people of the state of New York
are in great debt to the hard work and dedication of police officers  in
their daily duties. The name and reputation of these officers should not
be  tarnished  by  the  actions of those who would commit discriminatory
practices.
  The legislature expresses deep concern about the  impact  of  racially
discriminatory  practices  by  certain  law  enforcement  agencies.   In
particular, the legislature expresses concern about the New  York  state
police's  growing  reliance  on stop-and-frisk tactics and the impact of
this practice on communities of color. In doing so, it is  the  legisla-
ture's  intention to protect the personal privacy of all New Yorkers, to
shield police officers from false claims of wrongdoing, and to  contrib-
ute to the efficiency and effectiveness of our criminal justice system.
  S  2.    The  executive law is amended by adding a new article 13-B to
read as follows:
                              ARTICLE 13-B
                  CONSENT PRIOR TO CONDUCTING SEARCHES
SECTION 268. PROOF OF CONSENT PRIOR TO CONDUCTING SEARCHES.
        269. REPORT.
  S 268. PROOF OF CONSENT PRIOR TO  CONDUCTING  SEARCHES.  1.  PRIOR  TO
CONDUCTING  A  SEARCH  OF  A  PERSON, OR OF A PERSON'S VEHICLE, HOME, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06685-01-5

S. 1748                             2

BELONGINGS THAT IS NOT PURSUANT TO A WARRANT, INCIDENT TO AN ARREST,  OR
SUPPORTED BY PROBABLE CAUSE, LAW ENFORCEMENT OFFICERS SHALL:
  A. ARTICULATE, IN A LANGUAGE AND MANNER UNDERSTOOD BY THE PERSON, THAT
THE PERSON IS BEING ASKED TO VOLUNTARILY CONSENT TO A SEARCH AND THAT HE
OR SHE HAS THE RIGHT TO REFUSE CONSENT;
  B.  CREATE  AN  AUDIO  OR  WRITTEN  AND  SIGNED RECORD OF THE PERSON'S
CONSENT, WHICH SHALL INCLUDE:
  (I) A STATEMENT THAT THE PERSON UNDERSTANDS THAT HE OR SHE MAY  REFUSE
CONSENT;
  (II)  A  STATEMENT THAT THE PERSON IS FREELY AND VOLUNTARILY PROVIDING
CONSENT;
  (III) A STATEMENT THAT THE PERSON UNDERSTANDS THAT HE OR SHE MAY WITH-
DRAW THE CONSENT AT ANY TIME DURING THE SEARCH;
  (IV) THE TIME AND DATE OF THE SEARCH;
  (V) THE NAME OR NAMES AND BADGE NUMBER OR NUMBERS OF ALL LAW  ENFORCE-
MENT OFFICERS INVOLVED IN THE SEARCH; AND
  (VI)  THE  MAKE AND REGISTRATION NUMBER OF THE VEHICLE TO BE SEARCHED,
IF APPLICABLE.
  2. AFTER PROVIDING THE ADVISEMENT AND CREATING THE RECORD  OF  CONSENT
TO SEARCH, A LAW ENFORCEMENT OFFICER MAY CONDUCT THE SEARCH.
  3.  A  COPY  OF THE CONSENT RECORD SHALL BE PROVIDED TO THE PERSON WHO
CONSENTED TO THE SEARCH.
  4. IF DURING LEGAL PROCEEDINGS A DEFENDANT MOVES TO SUPPRESS  EVIDENCE
OBTAINED  IN  THE  COURSE  OF  THE  SEARCH,  FAILURE  TO COMPLY WITH THE
REQUIREMENTS OF THIS SECTION SHALL BE CONSIDERED A FACTOR IN DETERMINING
THE VOLUNTARINESS OF THE CONSENT.
  S 269. REPORT.  THE NEW YORK STATE POLICE AND EACH LOCAL LAW  ENFORCE-
MENT  AGENCY SHALL SUBMIT TO THE LEGISLATURE ON AN ANNUAL BASIS A REPORT
BASED ON THE RECORDS CREATED UNDER SECTION TWO  HUNDRED  SIXTY-EIGHT  OF
THIS  ARTICLE.  SUCH  REPORT  SHALL INCLUDE THE TOTAL NUMBER OF SEARCHES
CONDUCTED UNDER SUCH SECTION, BROKEN DOWN  BY  EACH  PRECINCT  OR  TROOP
DIVISION  AND  BY  THE  RACE,  ETHNICITY,  SEX,  AND  AGE  OF THE PERSON
SEARCHED. SUCH A REPORT SHALL ALSO INCLUDE THE TOTAL NUMBER OF  SEARCHES
DECLINED BY INDIVIDUALS UNDER THIS SECTION.
  S  3.  Separability.    If any clause, sentence, paragraph, section or
part of this article shall be adjudged by any court of competent  juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause,  sentence,  paragraph,  section  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S1748

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2015-S1748 (ACTIVE) - Details

2015-S1748 (ACTIVE) - Summary

2015-S1748 (ACTIVE) - Sponsor Memo

2015-S1748 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2015-S1748 (ACTIVE) - Details

2015-S1748 (ACTIVE) - Summary

2015-S1748 (ACTIVE) - Sponsor Memo

2015-S1748 (ACTIVE) - Bill Text download pdf

Comments