assembly Bill A4879

2017-2018 Legislative Session

Prohibits law enforcement officers from using racial and ethnic profiling

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2018 referred to rules
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.347
returned to assembly
died in senate
Feb 14, 2017 referred to codes
delivered to senate
passed assembly
Feb 09, 2017 advanced to third reading cal.61
Feb 07, 2017 reported
Feb 03, 2017 referred to codes

Co-Sponsors

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Multi-Sponsors

A4879 (ACTIVE) - Details

See Senate Version of this Bill:
S6555
Current Committee:
Senate Rules
Law Section:
Executive Law
Laws Affected:
Add §837-t, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1676
2011-2012: A2288
2013-2014: A2941
2015-2016: A3949
2019-2020: A4615, S1137
2021-2022: A2662, S583

A4879 (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.

A4879 (ACTIVE) - Bill Text download pdf


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

                                  4879

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2017
                               ___________

Introduced  by M. of A. BICHOTTE, GANTT, MOSLEY, GOTTFRIED, BLAKE, WALK-
  ER, COOK, PERRY, PRETLOW,  ORTIZ,  DINOWITZ,  LIFTON,  PEOPLES-STOKES,
  HEVESI,  ROSENTHAL,  CRESPO,  WEPRIN,  MOYA,  RODRIGUEZ,  QUART,  KIM,
  SEPULVEDA, DAVILA,  PICHARDO,  SIMON,  BARRON,  SEAWRIGHT,  JOYNER  --
  Multi-Sponsored  by  -- M.  of A. CARROLL -- 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-t
to read as follows:
  §  837-T.  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 ENGAGED IN THE PREVENTION, DETECTION, OR
INVESTIGATION OF VIOLATIONS OF CRIMINAL LAW.
  (B) "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER,
AS DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION  1.20
OF THE CRIMINAL PROCEDURE LAW, EMPLOYED BY A LAW ENFORCEMENT AGENCY.
  (C)  "RACIAL OR ETHNIC PROFILING" MEANS THE PRACTICE OF A LAW ENFORCE-
MENT AGENT OR AGENCY, RELYING, TO ANY DEGREE,  ON  ACTUAL  OR  PERCEIVED
RACE,  COLOR,  ETHNICITY, NATIONAL ORIGIN OR RELIGION IN SELECTING WHICH
INDIVIDUAL OR LOCATION TO SUBJECT TO ROUTINE OR SPONTANEOUS INVESTIGATO-
RY ACTIVITIES OR IN  DECIDING  UPON  THE  SCOPE  AND  SUBSTANCE  OF  LAW
ENFORCEMENT  ACTIVITY  FOLLOWING  THE  INITIAL  INVESTIGATORY PROCEDURE,
EXCEPT WHEN THERE IS TRUSTWORTHY INFORMATION, RELEVANT TO  THE  LOCALITY
AND  TIMEFRAME,  THAT LINKS A SPECIFIC PERSON OR LOCATION WITH A PARTIC-
ULAR CHARACTERISTIC DESCRIBED IN THIS PARAGRAPH TO AN IDENTIFIED  CRIMI-
NAL INCIDENT OR SCHEME.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09603-03-7