assembly Bill A2662

2021-2022 Legislative Session

Prohibits law enforcement officers from using racial and ethnic profiling

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Current Bill Status - On Floor Calendar


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 11, 2021 advanced to third reading cal.106
Feb 09, 2021 reported
Jan 19, 2021 referred to codes

Co-Sponsors

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A2662 (ACTIVE) - Details

See Senate Version of this Bill:
S583
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1676
2011-2012: A2288
2013-2014: A2941
2015-2016: A3949
2017-2018: A4879, S6555
2019-2020: A4615, S1137

A2662 (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.

A2662 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2662
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M. of A. BICHOTTE HERMELYN, PEOPLES-STOKES, AUBRY, GOTT-
   FRIED, WALKER, COOK, PERRY, PRETLOW, DINOWITZ,  HEVESI,  L. ROSENTHAL,
   REYES, ZEBROWSKI, BARRETT, SIMON, DICKENS, ROZIC, BARNWELL, O'DONNELL,
   EPSTEIN,  COLTON,  RICHARDSON,  HUNTER,  RODRIGUEZ,  SEAWRIGHT, GLICK,
   WILLIAMS,  TAYLOR,  VANEL,  OTIS,  NIOU,   BRONSON,   CARROLL,   CRUZ,
   DE LA ROSA,  HYNDMAN,  JACOBSON,  McDONOUGH,  NOLAN,  PICHARDO, RAMOS,
   STECK, THIELE, KIM, FRONTUS -- read once and referred to the Committee
   on Codes
 
 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-w
 to read as follows:
   §  837-W.  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04957-01-1