Assembly Actions -
Senate Actions - UPPERCASE
|Jun 09, 2020
referred to codes
delivered to assembly
|Jun 08, 2020
ordered to third reading cal.750
reported and committed to rules
|Jun 06, 2020
referred to finance
Senate Bill S8495
2019-2020 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S8495 (ACTIVE) - Details
2019-S8495 (ACTIVE) - Summary
Prohibits law enforcement officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against law enforcement officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency.
2019-S8495 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8495 SPONSOR: BENJAMIN TITLE OF BILL: An act to amend the executive law, in relation to ethnic or racial profiling PURPOSE: The proposed legislation prohibits law enforcement officers from using racial and ethnic profiling and creates a course of action based on racial or ethnic profiling. SUMMARY OF PROVISIONS: Section 1 amends the executive law by creating a new section 837-v with necessary definitions, prohibits law enforcement agencies and law enforcement officers from engaging in racial or ethnic profiling, requires every law enforcement agency to promulgate and adopt an antira- cial profiling policy as well as procedures for reviewing complaints of
2019-S8495 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8495 I N S E N A T E June 6, 2020 ___________ Introduced by Sen. BENJAMIN -- 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-v to read as follows: § 837-V. 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; (IV) FRISKS AND OTHER TYPES OF BODY SEARCHES; (V) CONSENSUAL OR NONCONSENSUAL SEARCHES OF PERSONS, PROPERTY OR POSSESSIONS (INCLUDING VEHICLES) OF INDIVIDUALS; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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