Senate Bill S3799A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3799--A
     Cal. No. 549
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sens. COMRIE, JACKSON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Cities  1  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT to amend the New York city charter, in relation to expanding the
   investigative scope of the Civilian Complaint Review Board to  include
   allegations of biased-based profiling
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision (c) of section 440  of  the  New
 York city charter, as amended by a vote of the people of the city of New
 York  at  the  general  election held in November of 2019, is amended to
 read as follows:
   1. The board shall have the power to receive, investigate, hear,  make
 findings  and  recommend action upon complaints by members of the public
 against members of the police department that allege BIAS-BASED  PROFIL-
 ING  OR misconduct involving excessive use of force, abuse of authority,
 discourtesy, or use of offensive language, including,  but  not  limited
 to,  slurs  relating to race, ethnicity, religion, gender, sexual orien-
 tation and disability.  The board shall also have the power to  investi-
 gate,  hear,  make findings and recommend action regarding the truthful-
 ness of any material official statement made by a member of  the  police
 department  who  is the subject of a complaint received by the board, if
 such statement was made during the course of  and  in  relation  to  the
 board's  resolution  of such complaint. The findings and recommendations
 of the board, and the basis therefor, shall be submitted to  the  police
 commissioner. No finding or recommendation shall be based solely upon an
 unsworn   complaint  or  statement,  nor  shall  prior  unsubstantiated,
 unfounded or withdrawn complaints be the basis for any such  finding  or
 recommendation.  FOR  THE PURPOSES OF THIS PARAGRAPH "BIAS-BASED PROFIL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02767-02-1

 S. 3799--A                          2
 
 ING" SHALL MEAN AN ACT BY A MEMBER OF THE NEW YORK CITY  POLICE  DEPART-
 MENT OR ANY OTHER NEW YORK CITY LAW ENFORCEMENT PROFESSIONAL WHO RELY ON
 ACTUAL  OR  PERCEIVED  RACE,  NATIONAL  ORIGIN, COLOR, CREED, AGE, IMMI-
 GRATION OR CITIZENSHIP STATUS, GENDER, SEXUAL ORIENTATION, DISABILITY OR
 HOUSING STATUS AS THE DETERMINATIVE FACTOR IN INITIATING LAW ENFORCEMENT
 ACTION  AGAINST  AN  INDIVIDUAL, RATHER THAN AN INDIVIDUAL'S BEHAVIOR OR
 OTHER INFORMATION OR CIRCUMSTANCES THAT LINKS A  PERSON  OR  PERSONS  TO
 SUSPECTED UNLAWFUL ACTIVITY.
   § 2. This act shall take effect immediately.