senate Bill S6555

2017-2018 Legislative Session

Prohibits law enforcement officers from using racial and ethnic profiling

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to finance
Jun 02, 2017 referred to rules

Co-Sponsors

S6555 (ACTIVE) - Details

See Assembly Version of this Bill:
A4879
Current Committee:
Senate Finance
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: S1137, A4615
2021-2022: S583, A2662

S6555 (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.

S6555 (ACTIVE) - Sponsor Memo

S6555 (ACTIVE) - Bill Text download pdf


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

                                  6555

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 2, 2017
                               ___________

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.
  (D)  "ROUTINE  OR  SPONTANEOUS  INVESTIGATORY  ACTIVITIES"  MEANS  THE
FOLLOWING ACTIVITIES BY A LAW ENFORCEMENT AGENT:
  (I) INTERVIEWS;
  (II) TRAFFIC STOPS;
  (III) PEDESTRIAN STOPS;

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

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