Bill Text: NY A02662 | 2021-2022 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 46-0)

Status: (Introduced) 2021-02-11 - advanced to third reading cal.106 [A02662 Detail]

Download: New_York-2021-A02662-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2662

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced  by  M. of A. BICHOTTE HERMELYN, PEOPLES-STOKES, AUBRY, GOTT-
          FRIED, WALKER, COOK, PERRY, PRETLOW, DINOWITZ,  HEVESI,  L. ROSENTHAL,
          REYES, ZEBROWSKI, BARRETT, SIMON, DICKENS, ROZIC, BARNWELL, O'DONNELL,
          EPSTEIN,  COLTON,  RICHARDSON,  HUNTER,  RODRIGUEZ,  SEAWRIGHT, GLICK,
          WILLIAMS,  TAYLOR,  VANEL,  OTIS,  NIOU,   BRONSON,   CARROLL,   CRUZ,
          DE LA ROSA,  HYNDMAN,  JACOBSON,  McDONOUGH,  NOLAN,  PICHARDO, RAMOS,
          STECK, THIELE, KIM, FRONTUS -- read once and referred to the Committee
          on Codes

        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:

     1    Section 1. The executive law is amended by adding a new section  837-w
     2  to read as follows:
     3    §  837-w.  Ethnic  and  racial  profiling. 1. For the purposes of this
     4  section:
     5    (a) "Law enforcement agency" means an agency established by the  state
     6  or  a  unit of local government engaged in the prevention, detection, or
     7  investigation of violations of criminal law.
     8    (b) "Law enforcement officer" means a police officer or peace officer,
     9  as defined in subdivisions thirty-three and thirty-four of section  1.20
    10  of the criminal procedure law, employed by a law enforcement agency.
    11    (c)  "Racial or ethnic profiling" means the practice of a law enforce-
    12  ment agent or agency, relying, to any degree,  on  actual  or  perceived
    13  race,  color,  ethnicity, national origin or religion in selecting which
    14  individual or location to subject to routine or spontaneous investigato-
    15  ry activities or in  deciding  upon  the  scope  and  substance  of  law
    16  enforcement  activity  following  the  initial  investigatory procedure,
    17  except when there is trustworthy information, relevant to  the  locality
    18  and  timeframe,  that links a specific person or location with a partic-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04957-01-1

        A. 2662                             2

     1  ular characteristic described in this paragraph to an identified  crimi-
     2  nal incident or scheme.
     3    (d)  "Routine  or  spontaneous  investigatory  activities"  means  the
     4  following activities by a law enforcement agent:
     5    (i) Interviews;
     6    (ii) Traffic stops;
     7    (iii) Pedestrian stops;
     8    (iv) Frisks and other types of body searches;
     9    (v) Consensual or  nonconsensual  searches  of  persons,  property  or
    10  possessions (including vehicles) of individuals;
    11    (vi) Data collection and analysis, assessments and investigations; and
    12    (vii) Inspections and interviews.
    13    2.  Every  law  enforcement  agency  and every law enforcement officer
    14  shall be prohibited from engaging in racial or ethnic profiling.
    15    3. Every law enforcement agency shall promulgate and adopt  a  written
    16  policy  which  prohibits  racial  or ethnic profiling. In addition, each
    17  such agency shall promulgate and adopt procedures for the review and the
    18  taking of corrective action with respect to  complaints  by  individuals
    19  who  allege  that they have been the subject of racial or ethnic profil-
    20  ing. A copy of each such complaint received pursuant to this section and
    21  written notification of the review and  disposition  of  such  complaint
    22  shall be promptly provided by such agency to the division.
    23    4.    Each law enforcement agency shall, using a form to be determined
    24  by the division,  record  and  retain  the  following  information  with
    25  respect to law enforcement officers employed by such agency:
    26    (a)  the number of persons stopped as a result of a motor vehicle stop
    27  for traffic violations and the number of persons stopped as a result  of
    28  a  routine  or  spontaneous  law enforcement activity as defined in this
    29  section;
    30    (b) the characteristics of race, color, ethnicity, national origin  or
    31  religion  of each such person, provided the identification of such char-
    32  acteristics shall be based on the  observation  and  perception  of  the
    33  officer responsible for reporting the stop and the information shall not
    34  be required to be provided by the person stopped;
    35    (c) if a vehicle was stopped, the number of individuals in the stopped
    36  motor vehicle;
    37    (d)  the  nature of the alleged violation that resulted in the stop or
    38  the basis for the conduct that resulted in the individual being stopped;
    39    (e) whether a pat down or frisk was conducted and, if so,  the  result
    40  of the pat down or frisk;
    41    (f)  whether  a  search  was  conducted  and, if so, the result of the
    42  search;
    43    (g) if a search was conducted, whether the search was of a  person,  a
    44  person's property, and/or a person's vehicle, and whether the search was
    45  conducted  pursuant  to consent and if not, the basis for conducting the
    46  search including  any  alleged  criminal  behavior  that  justified  the
    47  search;
    48    (h) whether an inventory search of such person's impounded vehicle was
    49  conducted;
    50    (i) whether a warning or citation was issued;
    51    (j) whether an arrest was made and for what charge or charges;
    52    (k) the approximate duration of the stop; and
    53    (l) the time and location of the stop.
    54    5.  Every  law  enforcement  agency  shall compile the information set
    55  forth in subdivision four of this section for the calendar year  into  a
    56  report to the division. The format of such report shall be determined by

        A. 2662                             3

     1  the  division.  The  report  shall be submitted to the division no later
     2  than March first of the following calendar year.
     3    6.    The  division,  in consultation with the attorney general, shall
     4  develop and promulgate:
     5    (a) A form in both printed and electronic format, to be  used  by  law
     6  enforcement  officers  to  record  the information listed in subdivision
     7  four of this section; and
     8    (b) A form to be used to report  complaints  pursuant  to  subdivision
     9  three  of  this  section  by  individuals  who  believe  they  have been
    10  subjected to racial or ethnic profiling.
    11    7. Every law enforcement agency shall promptly make available  to  the
    12  attorney  general,  upon demand and notice, the documents required to be
    13  produced and promulgated pursuant to subdivisions three, four  and  five
    14  of this section.
    15    8.  Every  law  enforcement  agency shall furnish all data/information
    16  collected pursuant to subdivision four of this section to the  division.
    17  The  division shall develop and implement a plan for a computerized data
    18  system for public viewing of such  data  and  shall  publish  an  annual
    19  report  on  data  collected  for  the governor, the legislature, and the
    20  public on law enforcement stops. Information released shall  not  reveal
    21  the identity of any individual.
    22    9.  The  attorney  general may bring an action on behalf of the people
    23  for injunctive relief and/or damages against a  law  enforcement  agency
    24  that is engaging in or has engaged in an act or acts of racial profiling
    25  in a court having jurisdiction to issue such relief. The court may award
    26  costs  and reasonable attorney fees to the attorney general who prevails
    27  in such an action.
    28    10. In addition to a cause of action brought pursuant  to  subdivision
    29  nine  of  this section, an individual who has been the subject of an act
    30  or acts of racial profiling may bring an action  for  injunctive  relief
    31  and/or  damages  against  a law enforcement agency that is engaged in or
    32  has engaged in an act or acts of racial profiling.  The court may  award
    33  costs  and  reasonable attorney fees to a plaintiff who prevails in such
    34  an action.
    35    11. Nothing in this section shall be construed as diminishing or abro-
    36  gating any right, remedy or cause of action which an individual who  has
    37  been  subject  to  racial  or  ethnic profiling may have pursuant to any
    38  other provision of law.
    39    § 2. This act shall take effect immediately; provided that:
    40    1. the provisions of subdivision 4 of section 837-w of  the  executive
    41  law as added by section one of this act shall take effect on the nineti-
    42  eth day after it shall have become a law; and
    43    2.  the  provisions of subdivision 6 of section 837-w of the executive
    44  law as added by section one of this act shall take effect on the  sixti-
    45  eth day after it shall have become a law.
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