S T A T E   O F   N E W   Y O R K
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                                 3546--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. PERRY, CLARK, POWELL, ALFANO -- Multi-Sponsored
  by -- M. of A.   ESPAILLAT, HOOPER, MENG,  PEOPLES-STOKES,  J. RIVERA,
  TOWNS -- read once and referred to the Committee on Governmental Oper-
  ations  --  recommitted to the Committee on Governmental Operations in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S 837-S. PROHIBITION OF RACIAL PROFILING IN TRAFFIC STOPS. 1.  FOR THE
PURPOSES OF THIS SECTION, "RACIAL PROFILING" MEANS THE DETENTION, INTER-
DICTION  OR  OTHER  DISPARATE  TREATMENT  OF AN INDIVIDUAL SOLELY ON THE
BASIS OF THE RACIAL OR ETHNIC STATUS OF SUCH INDIVIDUAL.
  2. NO MEMBER OF THE DIVISION OF STATE POLICE, A  SHERIFF'S  OFFICE,  A
MUNICIPAL  POLICE  DEPARTMENT  OR ANY OTHER LAW ENFORCEMENT AGENCY SHALL
ENGAGE IN RACIAL PROFILING. THE DETENTION OF AN INDIVIDUAL BASED ON  ANY
NONCRIMINAL FACTOR OR COMBINATION OF NONCRIMINAL FACTORS IS INCONSISTENT
WITH THIS POLICY.
  3. THE RACE OR ETHNICITY OF AN INDIVIDUAL SHALL NOT BE THE SOLE FACTOR
IN  DETERMINING  THE  EXISTENCE OF PROBABLE CAUSE TO PLACE IN CUSTODY OR
ARREST AN INDIVIDUAL OR IN CONSTITUTING  A  REASONABLE  AND  ARTICULABLE
SUSPICION THAT AN OFFENSE HAS BEEN OR IS BEING COMMITTED SO AS TO JUSTI-
FY  THE  DETENTION OF AN INDIVIDUAL OR THE INVESTIGATORY STOP OF A MOTOR
VEHICLE.
  4. (A) NOT LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE, EACH MUNICI-
PAL POLICE DEPARTMENT, SHERIFF'S  OFFICE,  AND  THE  DIVISION  OF  STATE
POLICE  SHALL  ADOPT  A  WRITTEN  POLICY  THAT  PROHIBITS  THE STOPPING,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01613-03-0
              

A. 3546--A                          2

DETENTION OR SEARCH OF ANY PERSON WHEN SUCH ACTION IS  SOLELY  MOTIVATED
BY  CONSIDERATIONS  OF  RACE,  COLOR,  ETHNICITY,  AGE, GENDER OR SEXUAL
ORIENTATION, AND THE ACTION WOULD CONSTITUTE A VIOLATION  OF  THE  CIVIL
RIGHTS OF THE PERSON.
  (B)  COMMENCING  ON JANUARY FIRST, TWO THOUSAND TWELVE, EACH MUNICIPAL
POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION  OF  STATE  POLICE
SHALL,  USING THE FORM DEVELOPED AND PROMULGATED PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION, RECORD AND RETAIN THE FOLLOWING  INFORMATION:  (I)
THE  NUMBER  OF  PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II) CHARACTER-
ISTICS OF RACE, COLOR,  ETHNICITY,  GENDER  AND  AGE  OF  SUCH  PERSONS,
PROVIDED  THE  IDENTIFICATION  OF SUCH CHARACTERISTICS SHALL BE BASED ON
THE OBSERVATION AND PERCEPTION OF THE  POLICE  OFFICER  RESPONSIBLE  FOR
REPORTING  THE  STOP  AND  THE  INFORMATION  SHALL NOT BE REQUIRED TO BE
PROVIDED BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED  TRAFFIC
VIOLATION  THAT RESULTED IN THE STOP; (IV) WHETHER A WARNING OR CITATION
WAS ISSUED, AN ARREST MADE OR A SEARCH CONDUCTED  AS  A  RESULT  OF  THE
STOP;  AND  (V)  ANY  ADDITIONAL  INFORMATION THAT SUCH MUNICIPAL POLICE
DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVISION OF STATE  POLICE,  AS  THE
CASE MAY BE, DEEMS APPROPRIATE.
  (C)  EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVI-
SION OF STATE POLICE SHALL PROVIDE TO THE DIVISION OF  CRIMINAL  JUSTICE
SERVICES (I) A COPY OF EACH COMPLAINT RECEIVED PURSUANT TO THIS SECTION,
AND  (II)  WRITTEN  NOTIFICATION  OF  THE REVIEW AND DISPOSITION OF SUCH
COMPLAINT.
  (D) ANY POLICE OFFICER WHO IN GOOD FAITH RECORDS TRAFFIC STOP INFORMA-
TION PURSUANT TO THE REQUIREMENTS OF THIS  SECTION  SHALL  NOT  BE  HELD
CIVILLY  LIABLE  FOR  THE  ACT  OF RECORDING SUCH INFORMATION UNLESS THE
OFFICER'S CONDUCT WAS UNREASONABLE OR RECKLESS.
  (E) IF A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, OR  THE  DIVI-
SION  OF  STATE  POLICE  FAILS  TO  COMPLY  WITH  THE PROVISIONS OF THIS
SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER AN APPRO-
PRIATE PENALTY IN THE FORM OF THE WITHHOLDING OF STATE FUNDS  FROM  SUCH
MUNICIPAL  POLICE  DEPARTMENT, SHERIFF'S OFFICE OR THE DIVISION OF STATE
POLICE.
  (F) ON OR BEFORE OCTOBER FIRST,  TWO  THOUSAND  TWELVE,  AND  ANNUALLY
THEREAFTER,  EACH  MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE AND THE
DIVISION OF STATE POLICE SHALL  PROVIDE  TO  THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES,  IN  SUCH  FORM  AS  THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL PRESCRIBE, A SUMMARY REPORT OF THE  INFORMATION  RECORDED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (G)  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES SHALL PROVIDE FOR A
REVIEW OF THE PREVALENCE AND DISPOSITION OF TRAFFIC STOPS AND COMPLAINTS
REPORTED PURSUANT TO THIS SECTION. NOT LATER  THAN  JANUARY  FIRST,  TWO
THOUSAND  THIRTEEN,  THE  DIVISION  OF  CRIMINAL  JUSTICE SERVICES SHALL
REPORT TO THE GOVERNOR AND THE SENATE AND THE ASSEMBLY  THE  RESULTS  OF
SUCH REVIEW, INCLUDING ANY RECOMMENDATIONS.
  5.  NOT LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE, THE DIVISION OF
CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND PROMULGATE:
  (A) A FORM, IN BOTH PRINTED AND  ELECTRONIC  FORMAT,  TO  BE  USED  BY
POLICE  OFFICERS WHEN MAKING A TRAFFIC STOP TO RECORD PERSONAL IDENTIFY-
ING INFORMATION ABOUT THE OPERATOR OF THE MOTOR VEHICLE THAT IS STOPPED,
THE LOCATION OF THE STOP, THE REASON FOR THE STOP AND OTHER  INFORMATION
THAT IS REQUIRED TO BE RECORDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION; AND
  (B)  A  FORM,  IN  BOTH  PRINTED  AND ELECTRONIC FORMAT, TO BE USED TO
REPORT COMPLAINTS PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS  SECTION  BY

A. 3546--A                          3

PERSONS  WHO BELIEVE THEY HAVE BEEN SUBJECTED TO A MOTOR VEHICLE STOP BY
A POLICE OFFICER SOLELY ON THE BASIS OF THEIR  RACE,  COLOR,  ETHNICITY,
AGE, GENDER OR SEXUAL ORIENTATION.
  S 2. This act shall take effect immediately.