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Assembly Bill A10151

2025-2026 Legislative Session

Prohibits law enforcement officers from arresting a person solely based on certain characteristics

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Current Bill Status - In Assembly Committee

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2025-A10151 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §140.60, CP L

2025-A10151 (ACTIVE) - Summary

Prohibits law enforcement officers from arresting a person solely based on certain characteristics including race or ethnicity, language or accent, location where found, or type of job; establishes a penalty for officers who have violated such provisions.

2025-A10151 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10151
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  prohibiting
   law  enforcement  officers  from  arresting  a  person solely based on
   certain characteristics
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 140.60 to read as follows:
 § 140.60 ARREST WITHOUT A WARRANT; WHEN NOT AUTHORIZED.
   1.  A LAW ENFORCEMENT OFFICER SHALL NOT ARREST OR DETAIN FOR ANY PERI-
 OD OF TIME ANY PERSON SOLELY DUE TO ANY OF THE FOLLOWING, OR SOLELY  DUE
 TO ANY COMBINATION OF THE FOLLOWING, CHARACTERISTICS:
   (A) THE PERSON'S APPARENT RACE OR ETHNICITY;
   (B) THE LANGUAGE THE PERSON APPEARS TO SPEAK OR THE ACCENT THEY APPEAR
 TO SPEAK WITH;
   (C)  THE  TYPE  OF  LOCATION  AT  WHICH  THE PERSON WAS FOUND BY A LAW
 ENFORCEMENT OFFICER OR ANY OTHER INDIVIDUAL; OR
   (D) THE TYPE OF JOB THE PERSON APPEARS TO HAVE.
   2. FOR THE PURPOSES OF THIS SECTION, "LAW ENFORCEMENT  OFFICER"  SHALL
 MEAN  ANY  OFFICER OF A LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AGENCY,
 OR ANY PERSON ACTING ON  BEHALF  OF  A  LOCAL,  STATE,  OR  FEDERAL  LAW
 ENFORCEMENT  AGENCY,  INCLUDING ANY POLICE OFFICER AS DEFINED IN SECTION
 1.20 OF THIS CHAPTER AND ANY PERSON DESIGNATED AS  A  PEACE  OFFICER  AS
 DEFINED IN SECTION 2.10 OF THIS CHAPTER.
   3.    A  LAW  ENFORCEMENT  OFFICER FOUND TO HAVE VIOLATED THIS SECTION
 SHALL BE LIABLE FOR: (A) THE GREATER OF THE ACTUAL DAMAGES OR  STATUTORY
 DAMAGES  OF NOT LESS THAN TEN THOUSAND DOLLARS; AND (B) COSTS AND ATTOR-
 NEYS' FEES.
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section, or part there-
 of  directly  involved  in  the controversy in which such judgment shall
 have been made.
   § 3. This act shall take effect immediately.

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