NY State Senate Bill 2023-S1846

Senate Bill S1846

2023-2024 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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Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Jan 17, 2023	referred to cities 1

co-Sponsors

2023-S1846 (ACTIVE) - Details

See Assembly Version of this Bill:: A5945
Current Committee:: Senate Cities 1
Law Section:: New York City Charter
Laws Affected:: Amd §440, NYC Chart
Versions Introduced in 2021-2022 Legislative Session:: S3799

2023-S1846 (ACTIVE) - Summary

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

2023-S1846 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1846

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:

2022: S3799A

 
FISCAL IMPLICATIONS:

TBD.

 
LOCAL FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
Immediate.

2023-S1846 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1846
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, JACKSON -- 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 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 local law 24 of the city  of  New  York
 for the year 2022, 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
 or  complaints  initiated  by  the  board  against members of the police
 department that allege  BIAS-BASED  PROFILING  OR  misconduct  involving
 excessive use of force, abuse of authority including bias-based policing
 and racial profiling, discourtesy, or use of offensive language, includ-
 ing,  but  not  limited to, slurs relating to race, ethnicity, religion,
 gender, sexual orientation and disability. The board shall also have the
 power to investigate, hear, make findings and recommend action regarding
 the truthfulness of any material official statement made by a member  of
 the  police  department  who  is  the subject of a complaint received or
 initiated by the board, if such statement was made during the course  of
 and  in  relation to the board's resolution of such complaint. The find-
 ings 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 PROFILING" SHALL MEAN AN ACT BY A MEMBER  OF  THE  NEW  YORK
 CITY  POLICE  DEPARTMENT  OR  ANY  OTHER  NEW  YORK CITY LAW ENFORCEMENT
 PROFESSIONAL WHO RELY ON ACTUAL  OR  PERCEIVED  RACE,  NATIONAL  ORIGIN,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03627-01-3

 S. 1846                             2
 
 COLOR,  CREED,  AGE,  IMMIGRATION  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 S1846

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Sponsored By

Leroy Comrie