senate Bill S8495

2019-2020 Legislative Session

Prohibits law enforcement officers from using racial and ethnic profiling

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2020 referred to codes
delivered to assembly
passed senate
Jun 08, 2020 ordered to third reading cal.750
Jun 06, 2020 referred to finance

Votes

view votes

Jun 8, 2020 - Finance committee Vote

S8495
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 28, 2020 - Rules committee Vote

S8495
17
1
committee
17
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S8495 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §837-v, Exec L

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.

S8495 (ACTIVE) - Sponsor Memo

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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