S T A T E O F N E W Y O R K
________________________________________________________________________
5364
2015-2016 Regular Sessions
I N A S S E M B L Y
February 20, 2015
___________
Introduced by M. of A. MOSLEY -- read once and referred to the Committee
on Governmental Operations
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
A. 5364 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.