S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2288

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

Introduced  by  M.  of  A.  WRIGHT, ROBINSON, McENENY, J. RIVERA, GANTT,
  JEFFRIES, JAFFEE, TITUS -- Multi-Sponsored by --  M.  of  A.  BOYLAND,
  BRENNAN,   CLARK,   FARRELL,   HEASTIE,   HOOPER,   JACOBS,  V. LOPEZ,
  PEOPLES-STOKES, SCARBOROUGH, TITONE, TOWNS -- 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:

  Section  1. The executive law is amended by adding a new section 837-s
to read as follows:
  S 837-S. ETHNIC AND RACIAL PROFILING. 1.  FOR  THE  PURPOSES  OF  THIS
SECTION:
  (A)  "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE STATE
OR A UNIT OF LOCAL GOVERNMENT WHICH EMPLOYS  POLICE  OFFICERS  OR  PEACE
OFFICERS WHO ARE EMPOWERED TO AND IN THE COURSE OF THEIR OFFICIAL DUTIES
LAWFULLY STOP MOTOR VEHICLES OR STOP AND FRISK INDIVIDUALS.
  (B)  "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER
EMPLOYED BY A LAW ENFORCEMENT AGENCY.
  (C) "RACIAL OR ETHNIC PROFILING" MEANS THE STOPPING OF A  MOTOR  VEHI-
CLE,  THE  STOPPING AND QUESTIONING OF AN INDIVIDUAL OR THE STOPPING AND
FRISKING OF AN INDIVIDUAL BY A LAW ENFORCEMENT  OFFICER  THAT  IS  BASED
UPON  AN INDIVIDUAL'S ACTUAL OR APPARENT RACIAL OR ETHNIC STATUS WITHOUT
REASONABLE INDIVIDUALIZED SUSPICION OR CAUSE TO  LAWFULLY  JUSTIFY  SUCH
CONDUCT.
  2.  EVERY  LAW  ENFORCEMENT  AGENCY  AND EVERY LAW ENFORCEMENT OFFICER
SHALL BE PROHIBITED FROM ENGAGING IN RACIAL OR ETHNIC PROFILING.
  3. ON OR BEFORE  JANUARY  FIRST,  TWO  THOUSAND  FOURTEEN,  EVERY  LAW
ENFORCEMENT  AGENCY  SHALL  PROMULGATE  AND ADOPT A WRITTEN POLICY WHICH
PROHIBITS RACIAL OR ETHNIC PROFILING.  IN  ADDITION,  EACH  SUCH  AGENCY
SHALL  PROMULGATE  AND ADOPT PROCEDURES FOR THE REVIEW AND THE TAKING OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06245-01-1
              

A. 2288                             2

CORRECTIVE ACTION WITH RESPECT TO COMPLAINTS BY INDIVIDUALS  WHO  ALLEGE
THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC PROFILING. A COPY OF
EACH  SUCH  COMPLAINT  RECEIVED  PURSUANT  TO  THIS  SECTION AND WRITTEN
NOTIFICATION  OF  THE  REVIEW AND DISPOSITION OF SUCH COMPLAINT SHALL BE
PROMPTLY PROVIDED BY SUCH AGENCY TO THE DIVISION.
  4. COMMENCING ON  JANUARY  FIRST,  TWO  THOUSAND  FOURTEEN,  EACH  LAW
ENFORCEMENT AGENCY SHALL, USING A FORM TO BE DETERMINED BY THE DIVISION,
RECORD AND RETAIN THE FOLLOWING INFORMATION WITH RESPECT TO LAW ENFORCE-
MENT OFFICERS EMPLOYED BY SUCH AGENCY:
  (A)  THE  NUMBER  OF  PERSONS  STOPPED  FOR TRAFFIC VIOLATIONS AND THE
NUMBER OF PERSONS STOPPED WHERE SUCH STOP RESULTED  IN  A  PERSON  BEING
PATTED DOWN, FRISKED AND/OR SEARCHED;
  (B)  THE  CHARACTERISTICS OF RACE, COLOR, ETHNICITY, GENDER AND AGE OF
EACH SUCH PERSON, PROVIDED THE IDENTIFICATION  OF  SUCH  CHARACTERISTICS
SHALL  BE BASED ON THE OBSERVATION AND PERCEPTION OF THE OFFICER RESPON-
SIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT  BE  REQUIRED
TO BE PROVIDED BY THE PERSON STOPPED;
  (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
MOTOR VEHICLE;
  (D)  WHETHER  IMMIGRATION STATUS WAS QUESTIONED, IMMIGRATION DOCUMENTS
REQUESTED, AND IF ANY FURTHER INQUIRY WAS MADE TO  THE  IMMIGRATION  AND
NATURALIZATION  SERVICE  WITH  RESPECT  TO  ANY PERSON STOPPED OR IN THE
MOTOR VEHICLE;
  (E) THE NATURE OF THE ALLEGED TRAFFIC VIOLATION THAT RESULTED  IN  THE
STOP  OR THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING
STOPPED AND PATTED DOWN, FRISKED AND/OR SEARCHED;
  (F) WHETHER A PAT DOWN OR FRISK WAS CONDUCTED AND, IF SO,  THE  RESULT
OF THE PAT DOWN OR FRISK;
  (G)  WHETHER  A  SEARCH  WAS  CONDUCTED  AND, IF SO, THE RESULT OF THE
SEARCH;
  (H) IF A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A  PERSON,  A
PERSON'S PROPERTY, AND/OR A PERSON'S VEHICLE, AND WHETHER THE SEARCH WAS
CONDUCTED  PURSUANT  TO CONSENT AND IF NOT, THE BASIS FOR CONDUCTING THE
SEARCH INCLUDING  ANY  ALLEGED  CRIMINAL  BEHAVIOR  THAT  JUSTIFIED  THE
SEARCH;
  (I) WHETHER AN INVENTORY SEARCH OF SUCH PERSON'S IMPOUNDED VEHICLE WAS
CONDUCTED;
  (J) WHETHER A WARNING OR CITATION WAS ISSUED;
  (K) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE OR CHARGES;
  (L) THE APPROXIMATE DURATION OF THE STOP; AND
  (M) THE TIME AND LOCATION OF THE STOP.
  5.  EVERY  LAW  ENFORCEMENT  AGENCY  SHALL COMPILE THE INFORMATION SET
FORTH IN SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR  INTO  A
REPORT TO THE DIVISION. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY
THE  DIVISION.  THE  REPORT  SHALL BE SUBMITTED TO THE DIVISION NO LATER
THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR.
  6. NOT LATER THAN JANUARY FIRST, TWO THOUSAND FOURTEEN, THE  DIVISION,
IN CONSULTATION WITH THE ATTORNEY GENERAL, SHALL DEVELOP AND PROMULGATE:
  (A)  A  FORM  IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY LAW
ENFORCEMENT OFFICERS TO RECORD THE  INFORMATION  LISTED  IN  SUBDIVISION
FOUR  OF  THIS  SECTION  WHEN MAKING A TRAFFIC STOP OR WHEN STOPPING AND
FRISKING AN INDIVIDUAL; AND
  (B) A FORM TO BE USED TO REPORT  COMPLAINTS  PURSUANT  TO  SUBDIVISION
THREE  OF  THIS  SECTION  BY  INDIVIDUALS  WHO  BELIEVE  THEY  HAVE BEEN
SUBJECTED TO RACIAL OR ETHNIC PROFILING.

A. 2288                             3

  7. EVERY LAW ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO  THE  ATTORNEY
GENERAL,  UPON FIVE DAYS DEMAND AND NOTICE, THE DOCUMENTS REQUIRED TO BE
PRODUCED AND PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR  AND  FIVE
OF THIS SECTION.
  8.  EVERY  LAW  ENFORCEMENT  AGENCY SHALL FURNISH ALL DATA/INFORMATION
COLLECTED FROM TRAFFIC STOPS TO THE DIVISION.  THE DIVISION SHALL DEVEL-
OP AND IMPLEMENT A PLAN FOR A COMPUTERIZED DATA SYSTEM FOR PUBLIC  VIEW-
ING  OF  SUCH  DATA AND SHALL PUBLISH AN ANNUAL REPORT ON DATA COLLECTED
FOR THE GOVERNOR, THE LEGISLATURE, AND THE  PUBLIC  ON  LAW  ENFORCEMENT
TRAFFIC STOPS. INFORMATION RELEASED SHALL NOT REVEAL THE IDENTITY OF ANY
INDIVIDUAL.
  9.  THE  ATTORNEY  GENERAL MAY BRING AN ACTION ON BEHALF OF THE PEOPLE
FOR INJUNCTIVE RELIEF AND/OR DAMAGES AGAINST A  LAW  ENFORCEMENT  AGENCY
THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING
IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD
COSTS  AND  REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
AN ACTION.
  10. IN ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT  TO  SUBDIVISION
NINE  OF  THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF AN ACT
OR ACTS OF RACIAL PROFILING MAY BRING AN ACTION  FOR  INJUNCTIVE  RELIEF
AND/OR  DAMAGES  AGAINST  A LAW ENFORCEMENT AGENCY THAT IS ENGAGED IN OR
HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING.  THE COURT MAY  AWARD
COSTS  AND  REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH
AN ACTION.
  11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO-
GATING ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO  HAS
BEEN  SUBJECT  TO  RACIAL  OR  ETHNIC PROFILING MAY HAVE PURSUANT TO ANY
OTHER PROVISION OF LAW.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.