assembly Bill A3949

2015-2016 Legislative Session

Prohibits police officers from using racial and ethnic profiling

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 ordered to third reading cal.165
returned to assembly
died in senate
Jun 02, 2015 referred to codes
delivered to senate
passed assembly
Mar 05, 2015 advanced to third reading cal.81
Mar 03, 2015 reported
Jan 28, 2015 referred to codes

Co-Sponsors

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Multi-Sponsors

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A3949 (ACTIVE) - Details

Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1676
2011-2012: A2288
2013-2014: A2941
2017-2018: A4879
2019-2020: A4615
2021-2022: A2662

A3949 (ACTIVE) - Summary

Prohibits police officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against police officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.

A3949 (ACTIVE) - Bill Text download pdf

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

                                  3949

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced by M. of A. WRIGHT, ROBINSON, GANTT, MOSLEY, JAFFEE, TITUS --
  Multi-Sponsored by -- M. of A. BRENNAN, CLARK, FARRELL, HEASTIE, HOOP-
  ER,  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 EIGHTEEN, 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.
                                                           LBD05398-01-5