S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    565
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. JAFFEE, MOSLEY, BARRON, JOYNER, GOTTFRIED, PERRY
   -- Multi-Sponsored by -- M. of A. RIVERA -- read once and referred  to
   the Committee on Governmental Operations
 
 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   office of law enforcement professional standards

   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-aa
 to read as follows:
   §  837-AA.  OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS. 1. DEFI-
 NITIONS. AS USED IN THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "DIRECTOR"  SHALL MEAN THE DIRECTOR OF THE OFFICE OF LAW ENFORCE-
 MENT PROFESSIONAL STANDARDS.
   (B) "OFFICE" SHALL MEAN THE OFFICE  OF  LAW  ENFORCEMENT  PROFESSIONAL
 STANDARDS.
   2. CREATION OF THE OFFICE. (A) THERE IS HEREBY CREATED IN THE DIVISION
 OF  CRIMINAL  JUSTICE SERVICES AN OFFICE OF LAW ENFORCEMENT PROFESSIONAL
 STANDARDS WHICH SHALL PERFORM SUCH ADMINISTRATIVE, INVESTIGATIVE, POLICY
 AND TRAINING OVERSIGHT, AND MONITORING FUNCTIONS,  AS  THE  COMMISSIONER
 SHALL  DIRECT,  TO  ASSURE AND MAINTAIN THE INTEGRITY OF LAW ENFORCEMENT
 ACTIVITIES AND TO PROVIDE ASSISTANCE TO LAW ENFORCEMENT ENTITIES  STATE-
 WIDE, INCLUDING BUT NOT LIMITED TO, ESTABLISHING POLICIES AND PROCEDURES
 TO  PROHIBIT  TRAFFIC  STOPS  THAT  RESULT IN THE STOPPING, DETENTION OR
 SEARCH OF ANY PERSON WHEN SUCH ACTION IS SOLELY MOTIVATED  BY  CONSIDER-
 ATIONS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, AGE, GENDER OR SEXUAL
 ORIENTATION,  AND  THE  ACTION WOULD CONSTITUTE A VIOLATION OF THE CIVIL
 RIGHTS OF THE PERSON.
   (B) THE OFFICE SHALL TAKE APPROPRIATE  STEPS  TO  PROMOTE  AND  ENSURE
 COMPLIANCE  WITH  THE  GENERAL POLICY THAT PROHIBITS RACIAL PROFILING IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05571-01-7
              

 A. 565                              2
 
 SELECTING VEHICLES FOR TRAFFIC STOPS, OR IN DECIDING UPON THE SCOPE  AND
 SUBSTANCE OF POST-STOP ACTIONS.
   (C)  THE  COMMISSIONER  SHALL  APPOINT A DIRECTOR OF THE OFFICE OF LAW
 ENFORCEMENT PROFESSIONAL STANDARDS. SUCH PERSON  SHALL  HAVE  EDUCATION,
 EXPERIENCE  OR  PROFESSIONAL  BACKGROUND  IN THE FIELDS OF LAW, INVESTI-
 GATION, CRIMINAL PRACTICE AND ADMINISTRATION.
   (D) THE DIRECTOR, MAY WITH THE APPROVAL OF THE COMMISSIONER,  ORGANIZE
 THE  WORK OF THE OFFICE INTO SUCH BUREAUS AND OTHER ORGANIZATIONAL UNITS
 AS MAY BE NECESSARY. THE COMMISSIONER MAY  ASSIGN  TO  THE  OFFICE  SUCH
 EMPLOYEES OF THE DIVISION AS MAY BE NECESSARY.
   (E)  ALL LAW ENFORCEMENT AGENCIES OPERATING UNDER THE AUTHORITY OF THE
 LAW OF THE STATE OF NEW YORK SHALL COOPERATE AND AID THE OFFICE  IN  THE
 PERFORMANCE OF ITS DUTIES.
   3.  DUTIES  AND  FUNCTIONS  OF  THE  OFFICE.  (A) (1) THE OFFICE SHALL
 PROMULGATE A WRITTEN POLICY FOR TRAFFIC STOPS THAT SHALL BE  ADOPTED  BY
 EVERY  LOCAL  AND  STATE  POLICE  DEPARTMENT THAT PROHIBITS IN REGARD TO
 TRAFFIC STOPS, THE STOPPING, DETENTION OR SEARCH OF ANY PERSON WHEN SUCH
 ACTION IS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR,  ETHNICITY,
 NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD
 CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON.
   (2) THE OFFICE SHALL DEVELOP A WRITTEN FORM THAT EACH MUNICIPAL POLICE
 DEPARTMENT,  SHERIFF'S  OFFICE,  AND  THE DIVISION OF STATE POLICE SHALL
 USE, TO RECORD AND RETAIN THE FOLLOWING INFORMATION: (I) THE  NUMBER  OF
 PERSONS  STOPPED  FOR  TRAFFIC VIOLATIONS; (II) CHARACTERISTICS OF RACE,
 COLOR, ETHNICITY, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION AND AGE OF
 SUCH PERSONS, PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS  SHALL
 BE BASED ON THE OBSERVATION AND PERCEPTION OF THE POLICE OFFICER RESPON-
 SIBLE  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.
   (3) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE  DIVI-
 SION  OF  STATE  POLICE SHALL PROVIDE TO THE OFFICE:  (I) A COPY OF EACH
 COMPLAINT RECEIVED PURSUANT TO THIS SECTION; AND (II) WRITTEN  NOTIFICA-
 TION OF THE REVIEW AND DISPOSITION OF SUCH COMPLAINT.
   (B)  (1)  THE  OFFICE SHALL SET UP A PROCEDURE TO RECEIVE, REVIEW, AND
 INVESTIGATE COMPLAINTS BY CITIZENS THAT STATE AND LOCAL LAW  ENFORCEMENT
 ENGAGED  IN  A  STOP, DETENTION OR SEARCH OF SUCH PERSON, OR THE CITIZEN
 WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN  SUCH  ACTION  WAS
 SOLELY  MOTIVATED  BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, NATIONAL
 ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD  CONSTI-
 TUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON.
   (2)  (A)  STATE  AND  LOCAL  LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE
 OFFICE OF ALL COMPLAINTS RECEIVED FROM CITIZENS THAT STATE AND LOCAL LAW
 ENFORCEMENT ENGAGED IN A STOP, DETENTION OR SEARCH OF  SUCH  PERSON,  OR
 THE  CITIZEN  WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH
 ACTION WAS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY,
 NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD
 CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON TO THE OFFICE.
   (B) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL INFORM  THE  OFFICE
 OF THE OUTCOME OF SUCH COMPLAINTS UPON COMPLETION OF INVESTIGATION.
   (3) AFTER THE OFFICE COMPLETES ITS INVESTIGATION OF SUCH COMPLAINTS OR
 WHEN  THE  OFFICE FINDS ANY INDICATION OF WRONGDOING THE COMPLAINT SHALL

 A. 565                              3
 
 BE REFERRED TO THE STATE AND  LOCAL  LAW  ENFORCEMENT  INTERNAL  AFFAIRS
 BUREAU AND ANY OTHER ACTIONS DEEMED APPROPRIATE BY THE DIRECTOR.
   (C)  THE  OFFICE SHALL BE AUTHORIZED TO CONDUCT OPERATIONAL AUDITS AND
 INDEPENDENT ANALYSES OF DATA, INCLUDING SUCH DATA AS COLLECTED  PURSUANT
 TO  SUBDIVISION  TWO  OF  THIS  SECTION  AND OTHER DATA AS NECESSARY AND
 APPROPRIATE, TO IDENTIFY ANY  POTENTIAL  DISPARITY  IN  ENFORCEMENT  AND
 SYSTEMIC  PROBLEMS  THAT  MAY  EXIST THAT AFFECT MOTOR VEHICLE STOPS AND
 POST-STOP ENFORCEMENT ACTIONS,  TRAINING  PROVIDED  TO  LAW  ENFORCEMENT
 OFFICIALS,  INVESTIGATIONS OF ALLEGED MISCONDUCT, ANY OTHER MATTERS THAT
 MAY AFFECT THE INTEGRITY OF NEW YORK STATE  AND  LOCAL  LAW  ENFORCEMENT
 AGENCIES  AND DEPARTMENTS AND SHALL MAKE RECOMMENDATIONS FOR APPROPRIATE
 ACTIONS.
   (D) THE OFFICE SHALL HAVE TIMELY ACCESS TO ALL DATA AND OTHER  RECORDS
 MAINTAINED  BY  THE  STATE  AND  LOCAL LAW ENFORCEMENT AGENCIES THAT ARE
 DEEMED NECESSARY BY THE DIRECTOR TO CONDUCT INDEPENDENT ANALYSES AND  TO
 PERFORM  THE  FUNCTIONS  AUTHORIZED  BY  THIS  SECTION.  NOTHING IN THIS
 SECTION SHALL BE DEEMED TO REQUIRE THE DISCLOSURE OF RECORDS OR DATA  IN
 VIOLATION  OF ANY CONSTITUTIONAL OR STATUTORY PRIVACY PROTECTIONS OR ANY
 COLLECTIVE BARGAINING RIGHTS.
   4. AUTHORITY OF THE OFFICE. THE OFFICE SHALL HAVE THE SPECIFIC AUTHOR-
 ITY TO PERFORM THE FOLLOWING FUNCTIONS:
   (A) REVIEW THE PROCEDURES AND  IMPLEMENTATION  RELATED  TO  STATE  AND
 LOCAL  LAW ENFORCEMENT AGENCIES CONCERNING MOTOR VEHICLE STOPS AND POST-
 STOP ENFORCEMENT ACTIONS, SUPERVISION  OF  PATROL  ACTIVITIES,  TRAINING
 PROVIDED  TO  LAW  ENFORCEMENT MEMBERS ASSIGNED TO PATROL DUTIES AND THE
 CONDUCT OF INVESTIGATIONS  OF  ALLEGED  MISCONDUCT  AND  OTHER  INTERNAL
 AFFAIRS;
   (B)  MONITOR,  REVIEW  AND  EVALUATE THE QUALITY AND TIMELINESS OF THE
 STATE AND LOCAL LAW ENFORCEMENT AGENCIES' CONDUCT  OF  INVESTIGATION  OF
 ALLEGED  MISCONDUCT, DISCIPLINARY ACTIONS AND INTERVENTIONS, SUPERVISORY
 ACTIONS, REPORTS, MOTOR VEHICLE STOP REPORTS AND  LOGS  AND  SUPERVISORY
 REVIEWS RELATING TO RACIAL PROFILING;
   (C)  APPROVE  THE  CURRICULA,  PRESCRIBE  TRAINER  QUALIFICATIONS, AND
 REVIEW AND DEVELOP TRAINING OF STATE AND LOCAL LAW  ENFORCEMENT  MEMBERS
 ON  CULTURAL AWARENESS, LAW ENFORCEMENT ETHICS AND LEADERSHIP, CONSTITU-
 TIONAL LAW PERTAINING TO ARREST, SEARCH AND SEIZURE,  EQUAL  PROTECTION,
 AND  OTHER  RELEVANT LAW ENFORCEMENT ISSUES THE DIRECTOR DEEMS NECESSARY
 OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION; AND
   (D) REVIEW ALL STATE AND  LOCAL  LAW  ENFORCEMENT  AGENCIES'  INTERNAL
 AFFAIRS  INVESTIGATIONS  AND  DISPOSITIONS, INCLUDING ANY DECISION BY AN
 AGENCY NOT TO REFER A COMPLAINT, FROM A CITIZEN OR OTHER SOURCE, TO  THE
 OFFICE  TO ASCERTAIN WHETHER LAW ENFORCEMENT AGENCIES HAVE COMPLIED WITH
 APPLICABLE OPERATING PROCEDURES, WHETHER THE OUTCOMES OF THOSE  INVESTI-
 GATIONS  ARE  SUPPORTED  BY THE EVIDENCE, WHETHER ANY DISCIPLINE IMPOSED
 WAS APPROPRIATE AND MAKE RECOMMENDATIONS TO  THE  ATTORNEY  GENERAL  FOR
 APPROPRIATE REMEDIAL ACTION.
   IN  ORDER  FOR  A  LOCAL  OR  STATE LAW ENFORCEMENT AGENCY TO COMPLETE
 ACCREDITATION REQUIREMENTS, LAW ENFORCEMENT OFFICERS OF SUCH AGENCY MUST
 COMPLETE A TRAINING AS DEVELOPED BY THE DIVISION IN RELATION TO  PROHIB-
 ITING RACIAL PROFILING.
   5.  REPORTS.  (A)  THE OFFICE SHALL PREPARE ANNUAL PUBLIC REPORTS THAT
 INCLUDE AGGREGATE STATISTICS ON STATE AND LOCAL LAW  ENFORCEMENT  ACTIV-
 ITIES  AND  PROCEDURES  AND  AGGREGATE  DATA  ON RACE, COLOR, ETHNICITY,
 NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION  AND  AGE  OF  SUCH  PERSONS
 INVOLVED  IN  THE  TRAFFIC  STOP.  THESE REPORTS SHALL INCLUDE AGGREGATE
 STATISTICS ON THE NUMBER OF  MOTOR  VEHICLE  STOPS,  REASON  FOR  STOPS,

 A. 565                              4
 
 ENFORCEMENT  ACTIONS,  INCLUDING BUT NOT LIMITED TO, CITATIONS, WARNINGS
 AND ARRESTS, NUMBER OF SEARCHES CONDUCTED, AND THE  USE  OF  FORCE.  THE
 REPORTS  SHALL ALSO INCLUDE AGGREGATE STATISTICS OF THE NUMBER OF CRIMI-
 NAL  CHARGES  FILED,  CONTRABAND  SEIZURES AND WANTED PERSONS TAKEN INTO
 CUSTODY AS A RESULT OF MOTOR VEHICLE STOPS.
   (B) THE OFFICE SHALL PREPARE ANNUAL REPORTS PROVIDING  AGGREGATE  DATA
 REGARDING  MISCONDUCT  INVESTIGATIONS AND THE NUMBER OF EXTERNAL, INTER-
 NAL,  AND  TOTAL  COMPLAINTS  RECEIVED  AND  THE  DISPOSITION  OF  THOSE
 COMPLAINTS.
   (C) THE COMMISSIONER SHALL, ON AN ANNUAL BASIS, REPORT TO THE GOVERNOR
 AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS SECTION.
   (D)  THE  REPORT  AND  STATISTICS SHALL BE PUBLISHED ON THE DIVISION'S
 WEBSITE.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.