S T A T E O F N E W Y O R K
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253
2017-2018 Regular Sessions
I N A S S E M B L Y
January 5, 2017
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Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. HOOPER,
PEOPLES-STOKES -- read once and referred to the Committee on Govern-
mental Operations
AN ACT to amend the executive law, in relation to traffic stops
conducted by law enforcement officers
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-t
to read as follows:
§ 837-T. PROHIBITION OF RACIAL PROFILING IN TRAFFIC STOPS. 1. FOR THE
PURPOSES OF THIS SECTION, "RACIAL PROFILING" MEANS THE DETENTION, INTER-
DICTION OR OTHER DISPARATE TREATMENT OF AN INDIVIDUAL SOLELY ON THE
BASIS OF THE RACIAL OR ETHNIC STATUS OF SUCH INDIVIDUAL.
2. NO MEMBER OF THE DIVISION OF STATE POLICE, A SHERIFF'S OFFICE, A
MUNICIPAL POLICE DEPARTMENT OR ANY OTHER LAW ENFORCEMENT AGENCY SHALL
ENGAGE IN RACIAL PROFILING. THE DETENTION OF AN INDIVIDUAL BASED ON ANY
NONCRIMINAL FACTOR OR COMBINATION OF NONCRIMINAL FACTORS IS INCONSISTENT
WITH THIS POLICY.
3. THE RACE OR ETHNICITY OF AN INDIVIDUAL SHALL NOT BE THE SOLE FACTOR
IN DETERMINING THE EXISTENCE OF PROBABLE CAUSE TO PLACE IN CUSTODY OR
ARREST AN INDIVIDUAL OR IN CONSTITUTING A REASONABLE AND ARTICULABLE
SUSPICION THAT AN OFFENSE HAS BEEN OR IS BEING COMMITTED SO AS TO JUSTI-
FY THE DETENTION OF AN INDIVIDUAL OR THE INVESTIGATORY STOP OF A MOTOR
VEHICLE.
4. (A) NOT LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN, EACH
MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE
POLICE SHALL ADOPT A WRITTEN POLICY 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06101-01-7
A. 253 2
(B) COMMENCING ON JANUARY FIRST, TWO THOUSAND NINETEEN, EACH MUNICIPAL
POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE POLICE
SHALL, USING THE FORM DEVELOPED AND PROMULGATED PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION, RECORD AND RETAIN THE FOLLOWING INFORMATION: (I)
THE NUMBER OF PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II) CHARACTER-
ISTICS OF RACE, COLOR, ETHNICITY, GENDER AND AGE OF SUCH PERSONS,
PROVIDED THE IDENTIFICATION 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 ADDITIONAL INFORMATION THAT SUCH MUNICIPAL POLICE
DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVISION OF STATE POLICE, AS THE
CASE MAY BE, DEEMS APPROPRIATE.
(C) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVI-
SION OF STATE POLICE SHALL PROVIDE TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES (I) A COPY OF EACH COMPLAINT RECEIVED PURSUANT TO THIS SECTION,
AND (II) WRITTEN NOTIFICATION OF THE REVIEW AND DISPOSITION OF SUCH
COMPLAINT.
(D) ANY POLICE OFFICER WHO IN GOOD FAITH RECORDS TRAFFIC STOP INFORMA-
TION PURSUANT TO THE REQUIREMENTS OF THIS SECTION SHALL NOT BE HELD
CIVILLY LIABLE FOR THE ACT OF RECORDING SUCH INFORMATION UNLESS THE
OFFICER'S CONDUCT WAS UNREASONABLE OR RECKLESS.
(E) IF A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVI-
SION OF STATE POLICE FAILS TO COMPLY WITH THE PROVISIONS OF THIS
SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER AN APPRO-
PRIATE PENALTY IN THE FORM OF THE WITHHOLDING OF STATE FUNDS FROM SUCH
MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE OR THE DIVISION OF STATE
POLICE.
(F) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND EIGHTEEN, AND ANNUALLY
THEREAFTER, EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE AND THE
DIVISION OF STATE POLICE SHALL PROVIDE TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES, IN SUCH FORM AS THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL PRESCRIBE, A SUMMARY REPORT OF THE INFORMATION RECORDED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(G) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE FOR A
REVIEW OF THE PREVALENCE AND DISPOSITION OF TRAFFIC STOPS AND COMPLAINTS
REPORTED PURSUANT TO THIS SECTION. NOT LATER THAN JANUARY FIRST, TWO
THOUSAND TWENTY, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL REPORT
TO THE GOVERNOR AND THE SENATE AND THE ASSEMBLY THE RESULTS OF SUCH
REVIEW, INCLUDING ANY RECOMMENDATIONS.
5. NOT LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN, THE DIVISION
OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND PROMULGATE:
(A) A FORM, IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY
POLICE OFFICERS WHEN MAKING A TRAFFIC STOP TO RECORD PERSONAL IDENTIFY-
ING INFORMATION ABOUT THE OPERATOR OF THE MOTOR VEHICLE THAT IS STOPPED,
THE LOCATION OF THE STOP, THE REASON FOR THE STOP AND OTHER INFORMATION
THAT IS REQUIRED TO BE RECORDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION; AND
(B) A FORM, IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED TO
REPORT COMPLAINTS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION BY
PERSONS WHO BELIEVE THEY HAVE BEEN SUBJECTED TO A MOTOR VEHICLE STOP BY
A POLICE OFFICER SOLELY ON THE BASIS OF THEIR RACE, COLOR, ETHNICITY,
AGE, GENDER OR SEXUAL ORIENTATION.
§ 2. This act shall take effect immediately.