senate Bill S583

2021-2022 Legislative Session

Prohibits law enforcement officers from using racial and ethnic profiling

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to finance

Co-Sponsors

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S583 (ACTIVE) - Details

See Assembly Version of this Bill:
A2662
Current Committee:
Senate Finance
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: S6555, A4879
2019-2020: S1137, A4615

S583 (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.

S583 (ACTIVE) - Sponsor Memo

S583 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    583
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BENJAMIN,  BAILEY, COMRIE, HOYLMAN, JACKSON, LIU,
   PARKER, RAMOS, SALAZAR, SANDERS, SEPULVEDA -- 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-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-
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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