Bill Text: NY S01981 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the office of law enforcement professional standards within the division of criminal justice services; requires the commissioner of criminal justice services to appoint a director of such office; outlines the duties and functions of such office; establishes policies and procedures to prohibit traffic stops that result in the stopping, detention or search of any person when such action is solely motivated by considerations of race, color, ethnicity, national origin, age, gender or sexual orientation and the action would constitute a violation of the civil rights of the person.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S01981 Detail]
Download: New_York-2013-S01981-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1981 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. CARLUCCI -- 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 establishing the office of law enforcement professional standards 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-aa 2 to read as follows: 3 S 837-AA. OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS. 1. AS USED 4 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 5 (A) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE OF LAW ENFORCE- 6 MENT PROFESSIONAL STANDARDS. 7 (B) "OFFICE" SHALL MEAN THE OFFICE OF LAW ENFORCEMENT PROFESSIONAL 8 STANDARDS. 9 2. CREATION OF THE OFFICE. (A) THERE IS HEREBY CREATED IN THE DIVISION 10 OF CRIMINAL JUSTICE SERVICES AN OFFICE OF LAW ENFORCEMENT PROFESSIONAL 11 STANDARDS WHICH SHALL PERFORM SUCH ADMINISTRATIVE, INVESTIGATIVE, POLICY 12 AND TRAINING OVERSIGHT, AND MONITORING FUNCTIONS, AS THE COMMISSIONER 13 SHALL DIRECT, TO ASSURE AND MAINTAIN THE INTEGRITY OF LAW ENFORCEMENT 14 ACTIVITIES AND TO PROVIDE ASSISTANCE TO LAW ENFORCEMENT ENTITIES STATE- 15 WIDE, INCLUDING BUT NOT LIMITED TO, ESTABLISHING POLICIES AND PROCEDURES 16 TO PROHIBIT TRAFFIC STOPS THAT RESULT IN THE STOPPING, DETENTION OR 17 SEARCH OF ANY PERSON WHEN SUCH ACTION IS SOLELY MOTIVATED BY CONSIDER- 18 ATIONS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, AGE, GENDER OR SEXUAL 19 ORIENTATION, AND THE ACTION WOULD CONSTITUTE A VIOLATION OF THE CIVIL 20 RIGHTS OF THE PERSON. 21 (B) THE OFFICE SHALL TAKE APPROPRIATE STEPS TO PROMOTE AND ENSURE 22 COMPLIANCE WITH THE GENERAL POLICY THAT PROHIBITS RACIAL PROFILING IN 23 SELECTING VEHICLES FOR TRAFFIC STOPS, OR IN DECIDING UPON THE SCOPE AND 24 SUBSTANCE OF POST-STOP ACTIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02681-01-3 S. 1981 2 1 (C) THE COMMISSIONER SHALL APPOINT A DIRECTOR OF THE OFFICE OF LAW 2 ENFORCEMENT PROFESSIONAL STANDARDS. SUCH PERSON SHALL HAVE EDUCATION, 3 EXPERIENCE OR PROFESSIONAL BACKGROUND IN THE FIELDS OF LAW, INVESTI- 4 GATION, CRIMINAL PRACTICE AND ADMINISTRATION. 5 (D) THE DIRECTOR, MAY WITH THE APPROVAL OF THE COMMISSIONER, ORGANIZE 6 THE WORK OF THE OFFICE INTO SUCH BUREAUS AND OTHER ORGANIZATIONAL UNITS 7 AS MAY BE NECESSARY. THE COMMISSIONER MAY ASSIGN TO THE OFFICE SUCH 8 EMPLOYEES OF THE DIVISION AS MAY BE NECESSARY. 9 (E) ALL LAW ENFORCEMENT AGENCIES OPERATING UNDER THE AUTHORITY OF THE 10 LAW OF THE STATE OF NEW YORK SHALL COOPERATE AND AID THE OFFICE IN THE 11 PERFORMANCE OF ITS DUTIES. 12 3. DUTIES AND FUNCTIONS OF THE OFFICE. (A) (1) THE OFFICE SHALL 13 PROMULGATE A WRITTEN POLICY FOR TRAFFIC STOPS THAT SHALL BE ADOPTED BY 14 EVERY LOCAL AND STATE POLICE DEPARTMENT THAT PROHIBITS IN REGARD TO 15 TRAFFIC STOPS, THE STOPPING, DETENTION OR SEARCH OF ANY PERSON WHEN SUCH 16 ACTION IS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, 17 NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD 18 CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON. 19 (2) THE OFFICE SHALL DEVELOP A WRITTEN FORM THAT EACH MUNICIPAL POLICE 20 DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE POLICE SHALL 21 USE, TO RECORD AND RETAIN THE FOLLOWING INFORMATION: (I) THE NUMBER OF 22 PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II) CHARACTERISTICS OF RACE, 23 COLOR, ETHNICITY, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION AND AGE OF 24 SUCH PERSONS, PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS SHALL 25 BE BASED ON THE OBSERVATION AND PERCEPTION OF THE POLICE OFFICER RESPON- 26 SIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT BE REQUIRED 27 TO BE PROVIDED BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED 28 TRAFFIC VIOLATION THAT RESULTED IN THE STOP; (IV) WHETHER A WARNING OR 29 CITATION WAS ISSUED, AN ARREST MADE OR A SEARCH CONDUCTED AS A RESULT OF 30 THE STOP; AND (V) ANY ADDITIONAL INFORMATION THAT SUCH MUNICIPAL POLICE 31 DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVISION OF STATE POLICE, AS THE 32 CASE MAY BE, DEEMS APPROPRIATE. 33 (3) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVI- 34 SION OF STATE POLICE SHALL PROVIDE TO THE OFFICE: (I) A COPY OF EACH 35 COMPLAINT RECEIVED PURSUANT TO THIS SECTION; AND (II) WRITTEN NOTIFICA- 36 TION OF THE REVIEW AND DISPOSITION OF SUCH COMPLAINT. 37 (B) (1) THE OFFICE SHALL SET UP A PROCEDURE TO RECEIVE, REVIEW, AND 38 INVESTIGATE COMPLAINTS BY CITIZENS THAT STATE AND LOCAL LAW ENFORCEMENT 39 ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR THE CITIZEN 40 WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH ACTION WAS 41 SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, NATIONAL 42 ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD CONSTI- 43 TUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON. 44 (2) (A) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE 45 OFFICE OF ALL COMPLAINTS RECEIVED FROM CITIZENS THAT STATE AND LOCAL LAW 46 ENFORCEMENT ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR 47 THE CITIZEN WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH 48 ACTION WAS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, 49 NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD 50 CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON TO THE OFFICE. 51 (B) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL INFORM THE OFFICE 52 OF THE OUTCOME OF SUCH COMPLAINTS UPON COMPLETION OF INVESTIGATION. 53 (3) AFTER THE OFFICE COMPLETES ITS INVESTIGATION OF SUCH COMPLAINTS OR 54 WHEN THE OFFICE FINDS ANY INDICATION OF WRONGDOING THE COMPLAINT SHALL 55 BE REFERRED TO THE STATE AND LOCAL LAW ENFORCEMENT INTERNAL AFFAIRS 56 BUREAU AND ANY OTHER ACTIONS DEEMED APPROPRIATE BY THE DIRECTOR. S. 1981 3 1 (C) THE OFFICE SHALL BE AUTHORIZED TO CONDUCT OPERATIONAL AUDITS AND 2 INDEPENDENT ANALYSES OF DATA, INCLUDING SUCH DATA AS COLLECTED PURSUANT 3 TO SUBDIVISION TWO OF THIS SECTION AND OTHER DATA AS NECESSARY AND 4 APPROPRIATE, TO IDENTIFY ANY POTENTIAL DISPARITY IN ENFORCEMENT AND 5 SYSTEMIC PROBLEMS THAT MAY EXIST THAT AFFECT MOTOR VEHICLE STOPS AND 6 POST-STOP ENFORCEMENT ACTIONS, TRAINING PROVIDED TO LAW ENFORCEMENT 7 OFFICIALS, INVESTIGATIONS OF ALLEGED MISCONDUCT, ANY OTHER MATTERS THAT 8 MAY AFFECT THE INTEGRITY OF NEW YORK STATE AND LOCAL LAW ENFORCEMENT 9 AGENCIES AND DEPARTMENTS AND SHALL MAKE RECOMMENDATIONS FOR APPROPRIATE 10 ACTIONS. 11 (D) THE OFFICE SHALL HAVE TIMELY ACCESS TO ALL DATA AND OTHER RECORDS 12 MAINTAINED BY THE STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT ARE 13 DEEMED NECESSARY BY THE DIRECTOR TO CONDUCT INDEPENDENT ANALYSES AND TO 14 PERFORM THE FUNCTIONS AUTHORIZED BY THIS SECTION. NOTHING IN THIS 15 SECTION SHALL BE DEEMED TO REQUIRE THE DISCLOSURE OF RECORDS OR DATA IN 16 VIOLATION OF ANY CONSTITUTIONAL OR STATUTORY PRIVACY PROTECTIONS OR ANY 17 COLLECTIVE BARGAINING RIGHTS. 18 4. AUTHORITY OF THE OFFICE. THE OFFICE SHALL HAVE THE SPECIFIC AUTHOR- 19 ITY TO PERFORM THE FOLLOWING FUNCTIONS: 20 (A) REVIEW THE PROCEDURES AND IMPLEMENTATION RELATED TO STATE AND 21 LOCAL LAW ENFORCEMENT AGENCIES CONCERNING MOTOR VEHICLE STOPS AND POST- 22 STOP ENFORCEMENT ACTIONS, SUPERVISION OF PATROL ACTIVITIES, TRAINING 23 PROVIDED TO LAW ENFORCEMENT MEMBERS ASSIGNED TO PATROL DUTIES AND THE 24 CONDUCT OF INVESTIGATIONS OF ALLEGED MISCONDUCT AND OTHER INTERNAL 25 AFFAIRS; 26 (B) MONITOR, REVIEW AND EVALUATE THE QUALITY AND TIMELINESS OF THE 27 STATE AND LOCAL LAW ENFORCEMENT AGENCIES' CONDUCT OF INVESTIGATION OF 28 ALLEGED MISCONDUCT, DISCIPLINARY ACTIONS AND INTERVENTIONS, SUPERVISORY 29 ACTIONS, REPORTS, MOTOR VEHICLE STOP REPORTS AND LOGS AND SUPERVISORY 30 REVIEWS RELATING TO RACIAL PROFILING; 31 (C) APPROVE THE CURRICULA, PRESCRIBE TRAINER QUALIFICATIONS, AND 32 REVIEW AND DEVELOP TRAINING OF STATE AND LOCAL LAW ENFORCEMENT MEMBERS 33 ON CULTURAL AWARENESS, LAW ENFORCEMENT ETHICS AND LEADERSHIP, CONSTITU- 34 TIONAL LAW PERTAINING TO ARREST, SEARCH AND SEIZURE, EQUAL PROTECTION, 35 AND OTHER RELEVANT LAW ENFORCEMENT ISSUES THE DIRECTOR DEEMS NECESSARY 36 OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION; AND 37 (D) REVIEW ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES' INTERNAL 38 AFFAIRS INVESTIGATIONS AND DISPOSITIONS, INCLUDING ANY DECISION BY AN 39 AGENCY NOT TO REFER A COMPLAINT, FROM A CITIZEN OR OTHER SOURCE, TO THE 40 OFFICE TO ASCERTAIN WHETHER LAW ENFORCEMENT AGENCIES HAVE COMPLIED WITH 41 APPLICABLE OPERATING PROCEDURES, WHETHER THE OUTCOMES OF THOSE INVESTI- 42 GATIONS ARE SUPPORTED BY THE EVIDENCE, WHETHER ANY DISCIPLINE IMPOSED 43 WAS APPROPRIATE AND MAKE RECOMMENDATIONS TO THE ATTORNEY GENERAL FOR 44 APPROPRIATE REMEDIAL ACTION. 45 IN ORDER FOR A LOCAL OR STATE LAW ENFORCEMENT AGENCY TO COMPLETE 46 ACCREDITATION REQUIREMENTS, LAW ENFORCEMENT OFFICERS OF SUCH AGENCY MUST 47 COMPLETE A TRAINING AS DEVELOPED BY THE DIVISION IN RELATION TO PROHIB- 48 ITING RACIAL PROFILING. 49 5. REPORTS. (A) THE OFFICE SHALL PREPARE ANNUAL PUBLIC REPORTS THAT 50 INCLUDE AGGREGATE STATISTICS ON STATE AND LOCAL LAW ENFORCEMENT ACTIV- 51 ITIES AND PROCEDURES AND AGGREGATE DATA ON RACE, COLOR, ETHNICITY, 52 NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION AND AGE OF SUCH PERSONS 53 INVOLVED IN THE TRAFFIC STOP. THESE REPORTS SHALL INCLUDE AGGREGATE 54 STATISTICS ON THE NUMBER OF MOTOR VEHICLE STOPS, REASON FOR STOPS, 55 ENFORCEMENT ACTIONS, INCLUDING BUT NOT LIMITED TO, CITATIONS, WARNINGS 56 AND ARRESTS, NUMBER OF SEARCHES CONDUCTED, AND THE USE OF FORCE. THE S. 1981 4 1 REPORTS SHALL ALSO INCLUDE AGGREGATE STATISTICS OF THE NUMBER OF CRIMI- 2 NAL CHARGES FILED, CONTRABAND SEIZURES AND WANTED PERSONS TAKEN INTO 3 CUSTODY AS A RESULT OF MOTOR VEHICLE STOPS. 4 (B) THE OFFICE SHALL PREPARE ANNUAL REPORTS PROVIDING AGGREGATE DATA 5 REGARDING MISCONDUCT INVESTIGATIONS AND THE NUMBER OF EXTERNAL, INTER- 6 NAL, AND TOTAL COMPLAINTS RECEIVED AND THE DISPOSITION OF THOSE 7 COMPLAINTS. 8 (C) THE COMMISSIONER SHALL, ON AN ANNUAL BASIS, REPORT TO THE GOVERNOR 9 AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS SECTION. 10 (D) THE REPORT AND STATISTICS SHALL BE PUBLISHED ON THE DIVISION'S 11 WEBSITE. 12 S 2. This act shall take effect on the first of April next succeeding 13 the date on which it shall have become a law.