Bill Text: NY A11663 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to ethnic or racial profiling.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-07-06 - referred to governmental operations [A11663 Detail]
Download: New_York-2009-A11663-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
11663
I N A S S E M B L Y
July 6, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Espaillat)
-- read once and referred to the Committee on Governmental Operations
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-s
2 to read as follows:
3 S 837-S. 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 WHICH EMPLOYS POLICE OFFICERS OR PEACE
7 OFFICERS WHO ARE EMPOWERED TO AND IN THE COURSE OF THEIR OFFICIAL DUTIES
8 LAWFULLY STOP MOTOR VEHICLES OR STOP AND FRISK INDIVIDUALS.
9 (B) "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER
10 EMPLOYED BY A LAW ENFORCEMENT AGENCY.
11 (C) "RACIAL OR ETHNIC PROFILING" MEANS THE STOPPING OF A MOTOR VEHI-
12 CLE, THE STOPPING AND QUESTIONING OF AN INDIVIDUAL OR THE STOPPING AND
13 FRISKING OF AN INDIVIDUAL BY A LAW ENFORCEMENT OFFICER THAT IS BASED
14 UPON AN INDIVIDUAL'S ACTUAL OR APPARENT RACIAL OR ETHNIC STATUS WITHOUT
15 REASONABLE INDIVIDUALIZED SUSPICION OR CAUSE TO LAWFULLY JUSTIFY SUCH
16 CONDUCT.
17 2. EVERY LAW ENFORCEMENT AGENCY AND EVERY LAW ENFORCEMENT OFFICER
18 SHALL BE PROHIBITED FROM ENGAGING IN RACIAL OR ETHNIC PROFILING.
19 3. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWELVE, EVERY LAW ENFORCE-
20 MENT AGENCY SHALL PROMULGATE AND ADOPT A WRITTEN POLICY WHICH PROHIBITS
21 RACIAL OR ETHNIC PROFILING. IN ADDITION, EACH SUCH AGENCY SHALL PROMUL-
22 GATE AND ADOPT PROCEDURES FOR THE REVIEW AND THE TAKING OF CORRECTIVE
23 ACTION WITH RESPECT TO COMPLAINTS BY INDIVIDUALS WHO ALLEGE THAT THEY
24 HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC PROFILING. A COPY OF EACH SUCH
25 COMPLAINT RECEIVED PURSUANT TO THIS SECTION AND WRITTEN NOTIFICATION OF
26 THE REVIEW AND DISPOSITION OF SUCH COMPLAINT SHALL BE PROMPTLY PROVIDED
27 BY SUCH AGENCY TO THE DIVISION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17808-01-0
A. 11663 2
1 4. COMMENCING ON JANUARY FIRST, TWO THOUSAND TWELVE, EACH LAW ENFORCE-
2 MENT AGENCY SHALL, USING A FORM TO BE DETERMINED BY THE DIVISION, RECORD
3 AND RETAIN THE FOLLOWING INFORMATION WITH RESPECT TO LAW ENFORCEMENT
4 OFFICERS EMPLOYED BY SUCH AGENCY:
5 (A) THE NUMBER OF PERSONS STOPPED FOR TRAFFIC VIOLATIONS AND THE
6 NUMBER OF PERSONS PATTED DOWN, FRISKED AND SEARCHED;
7 (B) THE CHARACTERISTICS OF RACE, COLOR, ETHNICITY, GENDER AND AGE OF
8 EACH SUCH PERSON, PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS
9 SHALL BE BASED ON THE OBSERVATION AND PERCEPTION OF THE OFFICER RESPON-
10 SIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT BE REQUIRED
11 TO BE PROVIDED BY THE PERSON STOPPED;
12 (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
13 MOTOR VEHICLE;
14 (D) WHETHER IMMIGRATION STATUS WAS QUESTIONED, IMMIGRATION DOCUMENTS
15 REQUESTED, AND IF ANY FURTHER INQUIRY WAS MADE TO THE IMMIGRATION AND
16 NATURALIZATION SERVICE WITH RESPECT TO ANY PERSON STOPPED OR IN THE
17 MOTOR VEHICLE;
18 (E) THE NATURE OF THE ALLEGED TRAFFIC VIOLATION THAT RESULTED IN THE
19 STOP OR THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING
20 STOPPED AND FRISKED OR SEARCHED;
21 (F) WHETHER A SEARCH WAS CONDUCTED AND, IF SO, THE RESULT OF THE
22 SEARCH;
23 (G) IF A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A PERSON OR
24 THE PERSON'S PROPERTY, AND WHETHER THE SEARCH WAS CONDUCTED PURSUANT TO
25 CONSENT AND IF NOT, THE BASIS FOR CONDUCTING THE SEARCH INCLUDING ANY
26 ALLEGED CRIMINAL BEHAVIOR THAT JUSTIFIED THE SEARCH;
27 (H) WHETHER A WARNING OR CITATION WAS ISSUED;
28 (I) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE;
29 (J) THE APPROXIMATE DURATION OF THE STOP; AND
30 (K) THE TIME AND LOCATION OF THE STOP.
31 5. EVERY LAW ENFORCEMENT AGENCY SHALL COMPILE THE INFORMATION SET
32 FORTH IN SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR INTO A
33 REPORT TO THE DIVISION. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY
34 THE DIVISION. THE REPORT SHALL BE SUBMITTED TO THE DIVISION NO LATER
35 THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR.
36 6. NOT LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE, THE DIVISION, IN
37 CONSULTATION WITH THE ATTORNEY GENERAL, SHALL DEVELOP AND PROMULGATE:
38 (A) A FORM IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY LAW
39 ENFORCEMENT OFFICERS TO RECORD THE INFORMATION LISTED IN SUBDIVISION
40 FOUR OF THIS SECTION WHEN MAKING A TRAFFIC STOP OR WHEN STOPPING AND
41 FRISKING AN INDIVIDUAL; AND
42 (B) A FORM TO BE USED TO REPORT COMPLAINTS PURSUANT TO SUBDIVISION
43 THREE OF THIS SECTION BY INDIVIDUALS WHO BELIEVE THEY HAVE BEEN
44 SUBJECTED TO RACIAL OR ETHNIC PROFILING.
45 7. EVERY LAW ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE ATTORNEY
46 GENERAL, UPON SEVEN DAYS DEMAND AND NOTICE, THE DOCUMENTS REQUIRED TO BE
47 PRODUCED AND PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR AND FIVE
48 OF THIS SECTION.
49 8. EVERY LAW ENFORCEMENT AGENCY SHALL FURNISH ALL DATA/INFORMATION
50 COLLECTED FROM TRAFFIC STOPS TO THE DIVISION. THE DIVISION OF CRIMINAL
51 JUSTICE SERVICES SHALL DEVELOP AND IMPLEMENT A PLAN FOR A COMPUTERIZED
52 DATA SYSTEM FOR PUBLIC VIEWING OF SUCH DATA AND SHALL PUBLISH AN ANNUAL
53 REPORT ON DATA COLLECTED FOR THE GOVERNOR, THE LEGISLATURE, AND THE
54 PUBLIC ON LAW ENFORCEMENT TRAFFIC STOPS. INFORMATION RELEASED SHALL NOT
55 REVEAL THE IDENTITY OF ANY INDIVIDUAL.
A. 11663 3
1 9. THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF OF THE PEOPLE
2 FOR INJUNCTIVE RELIEF AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY
3 THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING
4 IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD
5 COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
6 AN ACTION.
7 10. IN ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVISION
8 NINE OF THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF AN ACT
9 OR ACTS OF RACIAL PROFILING MAY BRING AN ACTION FOR INJUNCTIVE RELIEF
10 AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY THAT IS ENGAGED IN OR
11 HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING. THE COURT MAY AWARD
12 COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
13 AN ACTION.
14 11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO-
15 GATING ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO HAS
16 BEEN SUBJECT TO RACIAL OR ETHNIC PROFILING MAY HAVE PURSUANT TO ANY
17 OTHER PROVISION OF LAW.
18 S 2. This act shall take effect on the one hundred eightieth day after
19 it shall have become a law; provided, however, that effective immediate-
20 ly, the addition, amendment and/or repeal of any rule or regulation
21 necessary for the implementation of this act on its effective date is
22 authorized and directed to be made and completed on or before such
23 effective date.
