NY State Senate Bill 2021-S3799A

Senate Bill S3799A

2021-2022 Legislative Session

Relates to amending the New York City Charter in relation to expanding the investigative scope of the Civilian Complaint Review Board

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Archive: Last Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to cities 1
Jun 10, 2021	committed to rules
Jun 03, 2021	amended on third reading 3799a
Mar 11, 2021	advanced to third reading
Mar 10, 2021	2nd report cal.
Mar 09, 2021	1st report cal.549
Jan 30, 2021	referred to cities 1

Votes

- Mar 9, 2021 - Cities 1 Committee Vote
  S3799A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Cities 1 Committee Vote: Mar 9, 2021
      
      aye (5)
      
      Comrie
      
      Gounardes
      
      Hoylman-Sigal
      
      Jackson
      
      Persaud
      
      aye wr (2)
      
      Lanza
      
      Martucci

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S3799 - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §440, NYC Chart
Versions Introduced in 2023-2024 Legislative Session:: S1846

2021-S3799 - Summary

Expands the investigative powers of the Civilian Complaint Review Board to include complaints alleging bias-based profiling.

2021-S3799 - Sponsor Memo

                                
 
BILL NUMBER: S3799

SPONSOR: COMRIE
 
TITLE OF BILL:

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 racial profiling

 
PURPOSE:

This bill requires CCRB to investigate alleged racial profiling by
including racial profiling among the list of allegation types in its
jurisdiction.

 
SUMMARY OF PROVISIONS:

Section one amends the New York City Charter by specifying "racial
profiling" among the allegations that the CCRB is empowered to investi-
gate.

 
EXISTING LAW:

Paragraph 1 of subdivision (c) of section 440 of the New York City char-
ter empowers the CCRB to receive, investigate, hear, make findings and
recommend action upon complaints by members of the public against
members of the police department that allege 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 orientation and disability.

 
JUSTIFICATION:

The Civilian Complaint Review Board is required to investigate allega-
tions of misconduct by members of the NY city police department. Never-
theless, CCRB explains that it does not pursue allegations of racial
profiling because profiling is not among the types of allegations in its
jurisdiction.

Of the 71,065 NYPD-recorded cases of stop-and-frisk between 2015 and
2019, an average of 55.8% victims were black, compared to an average of
9.6 victims who were white (NYCLU, 2019).

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

TBD.

 
LOCAL FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
Immediate

2021-S3799 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3799
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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 racial 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 RACIAL PROFILING 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02767-01-1

co-Sponsors

2021-S3799A (ACTIVE) - Details

Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §440, NYC Chart
Versions Introduced in 2023-2024 Legislative Session:: S1846

2021-S3799A (ACTIVE) - Summary

Expands the investigative powers of the Civilian Complaint Review Board to include complaints alleging bias-based profiling.

2021-S3799A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3799A

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires CCRB to investigate alleged bias-based profiling by
including bias-based profiling among the list of allegation types in its
jurisdiction.

 
SUMMARY OF PROVISIONS:

Section one amends the New York City Charter by specifying bias-based
profiling among the allegations that the CCRB is empowered to investi-
gate.

 
EXISTING LAW:

Paragraph 1 of subdivision (c) of section 440 of the New York City char-
ter empowers the CCRB to receive, investigate, hear, make findings and
recommend action upon complaints by members of the public against
members of the police department that allege 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 orientation and disability.

 
JUSTIFICATION:

The Civilian Complaint Review Board is required to investigate allega-
tions of misconduct by members of the NY city police department. Never-
theless, CCRB explains that it does not pursue allegations of bias-based
profiling because profiling is not among the types of allegations in its
jurisdiction.

Of the 71,065 NYPD-recorded cases of stop-and-frisk between 2015 and
2019, an average of 55.8% victims were black, compared to an average of
9.6 victims who were white (NYCLU, 2019).

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

TBD.

 
LOCAL FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
Immediate.

2021-S3799A (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S3799A

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

Bill Amendments

co-Sponsors

Robert Jackson

2021-S3799 - Details

2021-S3799 - Summary

2021-S3799 - Sponsor Memo

2021-S3799 - Bill Text download pdf

co-Sponsors

Robert Jackson

2021-S3799A (ACTIVE) - Details

2021-S3799A (ACTIVE) - Summary

2021-S3799A (ACTIVE) - Sponsor Memo

2021-S3799A (ACTIVE) - Bill Text download pdf

Comments