NY State Senate Bill 2017-S2146

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jan 12, 2017	referred to finance

co-Sponsors

2017-S2146 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-t, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8250
2011-2012: S1872
2013-2014: S1737
2015-2016: S3576

2017-S2146 (ACTIVE) - Summary

Relates to ethnic or racial profiling; prohibits law enforcement agencies and officers from engaging in racial or ethnic profiling.

2017-S2146 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2146

 TITLE OF BILL :  An act to amend the executive law, in relation to
ethnic or racial profiling

 PURPOSE OR GENERAL IDEA OF BILL :

Prohibits law enforcement officers from using racial and ethnic
profiling, establishes a collection of data on traffic stops and
creates a cause of action based on racial or ethnic profiling.

 SUMMARY : OF SPECIFIC PROVISION:

Section 1. amends the executive law by creating a new section 837-s;

Subdivision 1. contains definitions.

Subdivision 2. prohibits law enforcement agencies and law enforcement
officers from engaging in racial or ethnic profiling.

Subdivision 3. requires every law enforcement agency to promulgate and
adopt procedures for reviewing complaints of racial or ethnic
profiling and raking corrective measures. A copy of each complaint and
a written summary of the disposition must be forwarded to the division
of criminal justice services.

Subdivision 4. requires each law enforcement agency to collect and
maintain data with respect to traffic stops and persons patted down,
frisked and searched.

Subdivision 5. requires every law enforcement agency to compile the
data collected and forward an annual report to the division of
criminal justice services by March 1st of each year.

Subdivision 6. requires the division of criminal justice services in
consultation with the Attorney General to promulgate necessary forms.

Subdivision 7. requires every law enforcement agency to make documents
required by this bill available to the Attorney General within 7
business days days of a demand.

Subdivision 8 requires every law enforcement agency to provide all
data collected from traffic stops to the division of criminal justice
services. The division shall publish an annual report on law
enforcement traffic stops without revealing the identity of any
individuals.

Subdivision 9. states that inaction for injunctive relief and/or for
damages may be brought by the Attorney General on behalf of the people
against a law enforcement agency that has engaged in racial or ethnic
profiling. A court may award costs and reasonable attorney fees to a
prevailing plaintiff.

Subdivision 10. states that an action for injunctive relief and/or for
damages may be brought by an individual that has been the subject of
racial profiling against a law enforcement agency that has engaged in
racial or ethnic profiling. A Court may award costs and reasonable
attorney fees to a prevailing plaintiff.

Subdivision 11 provides that section 837-s does not diminish or
abrogate any other right, remedy or cause of action which an
individual who has been the subject of racial profiling may have.

Section 2 - contains the effective date.

 JUSTIFICATION :
Slacks, Hispanics and other minority groups have long been victims of
biased and unjustified traffic stops, searches and frisks by law
enforcement officers. The arguably unconstitutional use of race or
ethnicity as a criteria has become the focus of many civil and human
rights groups. The practice is commonly known as "racial profiling."
The use of racial profiling has consequently had a corrosive effect on
the relations between police and tile minority communities. This
practice deprives minorities of their Fourth Amendment right to he
free from unreasonable searches and seizures, and their right to be
free from discriminations based on race guaranteed under the
Fourteenth Amendment to the United States Constitution.

 PRIOR LEGISLATIVE HISTORY :

2015/16: Referred to finance

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the 180th day after becoming a law.

2017-S2146 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2146
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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 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  NINETEEN,  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
 THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC PROFILING. A COPY OF
 EACH  SUCH  COMPLAINT  RECEIVED  PURSUANT  TO  THIS  SECTION AND WRITTEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06972-01-7

 S. 2146                             2
 
 NOTIFICATION OF THE REVIEW AND DISPOSITION OF SUCH  COMPLAINT  SHALL  BE
 PROMPTLY PROVIDED BY SUCH AGENCY TO THE DIVISION.
   4.  COMMENCING  ON  JANUARY  FIRST,  TWO  THOUSAND  NINETEEN, EACH LAW
 ENFORCEMENT AGENCY SHALL, USING A FORM TO BE DETERMINED BY THE DIVISION,
 RECORD AND RETAIN THE FOLLOWING INFORMATION WITH RESPECT TO LAW ENFORCE-
 MENT OFFICERS EMPLOYED BY SUCH AGENCY:
   (A) THE NUMBER OF PERSONS  STOPPED  FOR  TRAFFIC  VIOLATIONS  AND  THE
 NUMBER OF PERSONS PATTED DOWN, FRISKED AND SEARCHED;
   (B)  THE  CHARACTERISTICS OF RACE, COLOR, ETHNICITY, GENDER AND AGE OF
 EACH SUCH PERSON, PROVIDED THE IDENTIFICATION  OF  SUCH  CHARACTERISTICS
 SHALL  BE BASED ON THE OBSERVATION AND PERCEPTION OF THE OFFICER RESPON-
 SIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT  BE  REQUIRED
 TO BE PROVIDED BY THE PERSON STOPPED;
   (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
 MOTOR VEHICLE;
   (D)  WHETHER  IMMIGRATION STATUS WAS QUESTIONED, IMMIGRATION DOCUMENTS
 REQUESTED, AND IF ANY FURTHER INQUIRY WAS MADE TO  THE  IMMIGRATION  AND
 NATURALIZATION  SERVICE  WITH  RESPECT  TO  ANY PERSON STOPPED OR IN THE
 MOTOR VEHICLE;
   (E) THE NATURE OF THE ALLEGED TRAFFIC VIOLATION THAT RESULTED  IN  THE
 STOP  OR THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING
 STOPPED AND FRISKED OR SEARCHED;
   (F) WHETHER A SEARCH WAS CONDUCTED AND,  IF  SO,  THE  RESULT  OF  THE
 SEARCH;
   (G)  IF  A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A PERSON OR
 THE PERSON'S PROPERTY, AND WHETHER THE SEARCH WAS CONDUCTED PURSUANT  TO
 CONSENT  AND  IF  NOT, THE BASIS FOR CONDUCTING THE SEARCH INCLUDING ANY
 ALLEGED CRIMINAL BEHAVIOR THAT JUSTIFIED THE SEARCH;
   (H) WHETHER A WARNING OR CITATION WAS ISSUED;
   (I) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE;
   (J) THE APPROXIMATE DURATION OF THE STOP; AND
   (K) THE TIME AND LOCATION OF THE STOP.
   5. EVERY LAW ENFORCEMENT AGENCY  SHALL  COMPILE  THE  INFORMATION  SET
 FORTH  IN  SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR INTO A
 REPORT TO THE DIVISION. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY
 THE DIVISION. THE REPORT SHALL BE SUBMITTED TO  THE  DIVISION  NO  LATER
 THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR.
   6.  NOT LATER THAN JANUARY FIRST, TWO THOUSAND NINETEEN, THE DIVISION,
 IN CONSULTATION WITH THE ATTORNEY GENERAL, SHALL DEVELOP AND PROMULGATE:
   (A) A FORM IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE  USED  BY  LAW
 ENFORCEMENT  OFFICERS  TO  RECORD  THE INFORMATION LISTED IN SUBDIVISION
 FOUR OF THIS SECTION WHEN MAKING A TRAFFIC STOP  OR  WHEN  STOPPING  AND
 FRISKING AN INDIVIDUAL; AND
   (B)  A  FORM  TO  BE USED TO REPORT COMPLAINTS PURSUANT TO SUBDIVISION
 THREE OF  THIS  SECTION  BY  INDIVIDUALS  WHO  BELIEVE  THEY  HAVE  BEEN
 SUBJECTED TO RACIAL OR ETHNIC PROFILING.
   7.  EVERY  LAW ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE ATTORNEY
 GENERAL, UPON SEVEN DAYS DEMAND AND NOTICE, THE DOCUMENTS REQUIRED TO BE
 PRODUCED AND PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR  AND  FIVE
 OF THIS SECTION.
   8.  EVERY  LAW  ENFORCEMENT  AGENCY SHALL FURNISH ALL DATA/INFORMATION
 COLLECTED FROM TRAFFIC STOPS TO THE DIVISION. THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  SHALL DEVELOP AND IMPLEMENT A PLAN FOR A COMPUTERIZED
 DATA SYSTEM FOR PUBLIC VIEWING OF SUCH DATA AND SHALL PUBLISH AN  ANNUAL
 REPORT  ON  DATA  COLLECTED  FOR  THE GOVERNOR, THE LEGISLATURE, AND THE

 S. 2146                             3
 
 PUBLIC ON LAW ENFORCEMENT TRAFFIC STOPS. INFORMATION RELEASED SHALL  NOT
 REVEAL THE IDENTITY OF ANY INDIVIDUAL.
   9.  THE  ATTORNEY  GENERAL MAY BRING AN ACTION ON BEHALF OF THE PEOPLE
 FOR INJUNCTIVE RELIEF AND/OR DAMAGES AGAINST A  LAW  ENFORCEMENT  AGENCY
 THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING
 IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD
 COSTS  AND  REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
 AN ACTION.
   10. IN ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT  TO  SUBDIVISION
 NINE  OF  THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF AN ACT
 OR ACTS OF RACIAL PROFILING MAY BRING AN ACTION  FOR  INJUNCTIVE  RELIEF
 AND/OR  DAMAGES  AGAINST  A LAW ENFORCEMENT AGENCY THAT IS ENGAGED IN OR
 HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING. THE COURT  MAY  AWARD
 COSTS  AND  REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
 AN ACTION.
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO-
 GATING ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO  HAS
 BEEN  SUBJECT  TO  RACIAL  OR  ETHNIC PROFILING MAY HAVE PURSUANT TO ANY
 OTHER PROVISION OF LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the  implementation of this act on its effective date is
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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Senate Bill S2146

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2017-S2146 (ACTIVE) - Details

2017-S2146 (ACTIVE) - Summary

2017-S2146 (ACTIVE) - Sponsor Memo

2017-S2146 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2146

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Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Brad Hoylman-Sigal

2017-S2146 (ACTIVE) - Details

2017-S2146 (ACTIVE) - Summary

2017-S2146 (ACTIVE) - Sponsor Memo

2017-S2146 (ACTIVE) - Bill Text download pdf

Comments