Bill Text: NY S03252 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to traffic stops conducted by law enforcement officers; defines "racial profiling"; authorizes division of criminal justice services to conduct a study relating to racial profiling; prohibits use of race or ethnicity of an individual as the sole factor in determining the existence of probable cause to place such person under arrest or take into custody.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO FINANCE [S03252 Detail]
Download: New_York-2019-S03252-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3252 2019-2020 Regular Sessions IN SENATE February 5, 2019 ___________ Introduced by Sens. PARKER, BAILEY, RIVERA -- 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 traffic stops conducted by law enforcement officers 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-t 2 to read as follows: 3 § 837-t. Prohibition of racial profiling in traffic stops. 1. For the 4 purposes of this section, "racial profiling" means the detention, inter- 5 diction or other disparate treatment of an individual solely on the 6 basis of the racial or ethnic status of such individual. 7 2. No member of the division of state police, a sheriff's office, a 8 municipal police department or any other law enforcement agency shall 9 engage in racial profiling. The detention of an individual based on any 10 noncriminal factor or combination of noncriminal factors is inconsistent 11 with this policy. 12 3. The race or ethnicity of an individual shall not be the sole factor 13 in determining the existence of probable cause to place in custody or 14 arrest an individual or in constituting a reasonable and articulable 15 suspicion that an offense has been or is being committed so as to justi- 16 fy the detention of an individual or the investigatory stop of a motor 17 vehicle. 18 4. (a) Not later than January first, two thousand twenty-one, each 19 municipal police department, sheriff's office, and the division of state 20 police shall adopt a written policy that prohibits the stopping, 21 detention or search of any person when such action is solely motivated 22 by considerations of race, color, ethnicity, age, gender or sexual 23 orientation, and the action would constitute a violation of the civil 24 rights of the person. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02412-01-9S. 3252 2 1 (b) Commencing on January first, two thousand twenty-one, each munici- 2 pal police department, sheriff's office, and the division of state 3 police shall, using the form developed and promulgated pursuant to 4 subdivision five of this section, record and retain the following infor- 5 mation: (i) the number of persons stopped for traffic violations; (ii) 6 characteristics of race, color, ethnicity, gender and age of such 7 persons, provided the identification of such characteristics shall be 8 based on the observation and perception of the police officer responsi- 9 ble for reporting the stop and the information shall not be required to 10 be provided by the person stopped; (iii) the nature of the alleged traf- 11 fic violation that resulted in the stop; (iv) whether a warning or cita- 12 tion was issued, an arrest made or a search conducted as a result of the 13 stop; and (v) any additional information that such municipal police 14 department, sheriff's office, or the division of state police, as the 15 case may be, deems appropriate. 16 (c) Each municipal police department, sheriff's office, and the divi- 17 sion of state police shall provide to the division of criminal justice 18 services (i) a copy of each complaint received pursuant to this section, 19 and (ii) written notification of the review and disposition of such 20 complaint. 21 (d) Any police officer who in good faith records traffic stop informa- 22 tion pursuant to the requirements of this section shall not be held 23 civilly liable for the act of recording such information unless the 24 officer's conduct was unreasonable or reckless. 25 (e) If a municipal police department, sheriff's office, or the divi- 26 sion of state police fails to comply with the provisions of this 27 section, the division of criminal justice services shall order an appro- 28 priate penalty in the form of the withholding of state funds from such 29 municipal police department, sheriff's office or the division of state 30 police. 31 (f) On or before October first, two thousand twenty, and annually 32 thereafter, each municipal police department, sheriff's office and the 33 division of state police shall provide to the division of criminal 34 justice services, in such form as the division of criminal justice 35 services shall prescribe, a summary report of the information recorded 36 pursuant to paragraph (b) of this subdivision. 37 (g) The division of criminal justice services shall provide for a 38 review of the prevalence and disposition of traffic stops and complaints 39 reported pursuant to this section. Not later than January first, two 40 thousand twenty-two, the division of criminal justice services shall 41 report to the governor and the senate and the assembly the results of 42 such review, including any recommendations. 43 5. Not later than January first, two thousand twenty-one, the division 44 of criminal justice services shall develop and promulgate: 45 (a) A form, in both printed and electronic format, to be used by 46 police officers when making a traffic stop to record personal identify- 47 ing information about the operator of the motor vehicle that is stopped, 48 the location of the stop, the reason for the stop and other information 49 that is required to be recorded pursuant to paragraph (b) of subdivision 50 four of this section; and 51 (b) A form, in both printed and electronic format, to be used to 52 report complaints pursuant to subdivision four of this section by 53 persons who believe they have been subjected to a motor vehicle stop by 54 a police officer solely on the basis of their race, color, ethnicity, 55 age, gender or sexual orientation. 56 § 2. This act shall take effect immediately.
