S T A T E O F N E W Y O R K
________________________________________________________________________
1089
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. JAFFEE -- read once and referred to the Committee
on Governmental Operations
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:
Section 1. The executive law is amended by adding a new section 837-aa
to read as follows:
S 837-AA. OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE OF LAW ENFORCE-
MENT PROFESSIONAL STANDARDS.
(B) "OFFICE" SHALL MEAN THE OFFICE OF LAW ENFORCEMENT PROFESSIONAL
STANDARDS.
2. CREATION OF THE OFFICE. (A) THERE IS HEREBY CREATED IN THE DIVISION
OF CRIMINAL JUSTICE SERVICES AN OFFICE OF LAW ENFORCEMENT PROFESSIONAL
STANDARDS WHICH SHALL PERFORM SUCH ADMINISTRATIVE, INVESTIGATIVE, POLICY
AND TRAINING OVERSIGHT, AND MONITORING FUNCTIONS, AS THE COMMISSIONER
SHALL DIRECT, TO ASSURE AND MAINTAIN THE INTEGRITY OF LAW ENFORCEMENT
ACTIVITIES AND TO PROVIDE ASSISTANCE TO LAW ENFORCEMENT ENTITIES STATE-
WIDE, INCLUDING BUT NOT LIMITED TO, ESTABLISHING 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 CONSIDER-
ATIONS 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.
(B) THE OFFICE SHALL TAKE APPROPRIATE STEPS TO PROMOTE AND ENSURE
COMPLIANCE WITH THE GENERAL POLICY THAT PROHIBITS RACIAL PROFILING IN
SELECTING VEHICLES FOR TRAFFIC STOPS, OR IN DECIDING UPON THE SCOPE AND
SUBSTANCE OF POST-STOP ACTIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02681-01-3
A. 1089 2
(C) THE COMMISSIONER SHALL APPOINT A DIRECTOR OF THE OFFICE OF LAW
ENFORCEMENT PROFESSIONAL STANDARDS. SUCH PERSON SHALL HAVE EDUCATION,
EXPERIENCE OR PROFESSIONAL BACKGROUND IN THE FIELDS OF LAW, INVESTI-
GATION, CRIMINAL PRACTICE AND ADMINISTRATION.
(D) THE DIRECTOR, MAY WITH THE APPROVAL OF THE COMMISSIONER, ORGANIZE
THE WORK OF THE OFFICE INTO SUCH BUREAUS AND OTHER ORGANIZATIONAL UNITS
AS MAY BE NECESSARY. THE COMMISSIONER MAY ASSIGN TO THE OFFICE SUCH
EMPLOYEES OF THE DIVISION AS MAY BE NECESSARY.
(E) ALL LAW ENFORCEMENT AGENCIES OPERATING UNDER THE AUTHORITY OF THE
LAW OF THE STATE OF NEW YORK SHALL COOPERATE AND AID THE OFFICE IN THE
PERFORMANCE OF ITS DUTIES.
3. DUTIES AND FUNCTIONS OF THE OFFICE. (A) (1) THE OFFICE SHALL
PROMULGATE A WRITTEN POLICY FOR TRAFFIC STOPS THAT SHALL BE ADOPTED BY
EVERY LOCAL AND STATE POLICE DEPARTMENT THAT PROHIBITS IN REGARD TO
TRAFFIC STOPS, 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.
(2) THE OFFICE SHALL DEVELOP A WRITTEN FORM THAT EACH MUNICIPAL POLICE
DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE POLICE SHALL
USE, TO RECORD AND RETAIN THE FOLLOWING INFORMATION: (I) THE NUMBER OF
PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II) CHARACTERISTICS OF RACE,
COLOR, ETHNICITY, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION AND AGE OF
SUCH PERSONS, PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS SHALL
BE BASED ON THE OBSERVATION AND PERCEPTION OF THE POLICE OFFICER RESPON-
SIBLE 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.
(3) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVI-
SION OF STATE POLICE SHALL PROVIDE TO THE OFFICE: (I) A COPY OF EACH
COMPLAINT RECEIVED PURSUANT TO THIS SECTION; AND (II) WRITTEN NOTIFICA-
TION OF THE REVIEW AND DISPOSITION OF SUCH COMPLAINT.
(B) (1) THE OFFICE SHALL SET UP A PROCEDURE TO RECEIVE, REVIEW, AND
INVESTIGATE COMPLAINTS BY CITIZENS THAT STATE AND LOCAL LAW ENFORCEMENT
ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR THE CITIZEN
WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH ACTION WAS
SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, NATIONAL
ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD CONSTI-
TUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON.
(2) (A) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE
OFFICE OF ALL COMPLAINTS RECEIVED FROM CITIZENS THAT STATE AND LOCAL LAW
ENFORCEMENT ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR
THE CITIZEN WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH
ACTION WAS 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 TO THE OFFICE.
(B) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL INFORM THE OFFICE
OF THE OUTCOME OF SUCH COMPLAINTS UPON COMPLETION OF INVESTIGATION.
(3) AFTER THE OFFICE COMPLETES ITS INVESTIGATION OF SUCH COMPLAINTS OR
WHEN THE OFFICE FINDS ANY INDICATION OF WRONGDOING THE COMPLAINT SHALL
BE REFERRED TO THE STATE AND LOCAL LAW ENFORCEMENT INTERNAL AFFAIRS
BUREAU AND ANY OTHER ACTIONS DEEMED APPROPRIATE BY THE DIRECTOR.
A. 1089 3
(C) THE OFFICE SHALL BE AUTHORIZED TO CONDUCT OPERATIONAL AUDITS AND
INDEPENDENT ANALYSES OF DATA, INCLUDING SUCH DATA AS COLLECTED PURSUANT
TO SUBDIVISION TWO OF THIS SECTION AND OTHER DATA AS NECESSARY AND
APPROPRIATE, TO IDENTIFY ANY POTENTIAL DISPARITY IN ENFORCEMENT AND
SYSTEMIC PROBLEMS THAT MAY EXIST THAT AFFECT MOTOR VEHICLE STOPS AND
POST-STOP ENFORCEMENT ACTIONS, TRAINING PROVIDED TO LAW ENFORCEMENT
OFFICIALS, INVESTIGATIONS OF ALLEGED MISCONDUCT, ANY OTHER MATTERS THAT
MAY AFFECT THE INTEGRITY OF NEW YORK STATE AND LOCAL LAW ENFORCEMENT
AGENCIES AND DEPARTMENTS AND SHALL MAKE RECOMMENDATIONS FOR APPROPRIATE
ACTIONS.
(D) THE OFFICE SHALL HAVE TIMELY ACCESS TO ALL DATA AND OTHER RECORDS
MAINTAINED BY THE STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT ARE
DEEMED NECESSARY BY THE DIRECTOR TO CONDUCT INDEPENDENT ANALYSES AND TO
PERFORM THE FUNCTIONS AUTHORIZED BY THIS SECTION. NOTHING IN THIS
SECTION SHALL BE DEEMED TO REQUIRE THE DISCLOSURE OF RECORDS OR DATA IN
VIOLATION OF ANY CONSTITUTIONAL OR STATUTORY PRIVACY PROTECTIONS OR ANY
COLLECTIVE BARGAINING RIGHTS.
4. AUTHORITY OF THE OFFICE. THE OFFICE SHALL HAVE THE SPECIFIC AUTHOR-
ITY TO PERFORM THE FOLLOWING FUNCTIONS:
(A) REVIEW THE PROCEDURES AND IMPLEMENTATION RELATED TO STATE AND
LOCAL LAW ENFORCEMENT AGENCIES CONCERNING MOTOR VEHICLE STOPS AND POST-
STOP ENFORCEMENT ACTIONS, SUPERVISION OF PATROL ACTIVITIES, TRAINING
PROVIDED TO LAW ENFORCEMENT MEMBERS ASSIGNED TO PATROL DUTIES AND THE
CONDUCT OF INVESTIGATIONS OF ALLEGED MISCONDUCT AND OTHER INTERNAL
AFFAIRS;
(B) MONITOR, REVIEW AND EVALUATE THE QUALITY AND TIMELINESS OF THE
STATE AND LOCAL LAW ENFORCEMENT AGENCIES' CONDUCT OF INVESTIGATION OF
ALLEGED MISCONDUCT, DISCIPLINARY ACTIONS AND INTERVENTIONS, SUPERVISORY
ACTIONS, REPORTS, MOTOR VEHICLE STOP REPORTS AND LOGS AND SUPERVISORY
REVIEWS RELATING TO RACIAL PROFILING;
(C) APPROVE THE CURRICULA, PRESCRIBE TRAINER QUALIFICATIONS, AND
REVIEW AND DEVELOP TRAINING OF STATE AND LOCAL LAW ENFORCEMENT MEMBERS
ON CULTURAL AWARENESS, LAW ENFORCEMENT ETHICS AND LEADERSHIP, CONSTITU-
TIONAL LAW PERTAINING TO ARREST, SEARCH AND SEIZURE, EQUAL PROTECTION,
AND OTHER RELEVANT LAW ENFORCEMENT ISSUES THE DIRECTOR DEEMS NECESSARY
OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION; AND
(D) REVIEW ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES' INTERNAL
AFFAIRS INVESTIGATIONS AND DISPOSITIONS, INCLUDING ANY DECISION BY AN
AGENCY NOT TO REFER A COMPLAINT, FROM A CITIZEN OR OTHER SOURCE, TO THE
OFFICE TO ASCERTAIN WHETHER LAW ENFORCEMENT AGENCIES HAVE COMPLIED WITH
APPLICABLE OPERATING PROCEDURES, WHETHER THE OUTCOMES OF THOSE INVESTI-
GATIONS ARE SUPPORTED BY THE EVIDENCE, WHETHER ANY DISCIPLINE IMPOSED
WAS APPROPRIATE AND MAKE RECOMMENDATIONS TO THE ATTORNEY GENERAL FOR
APPROPRIATE REMEDIAL ACTION.
IN ORDER FOR A LOCAL OR STATE LAW ENFORCEMENT AGENCY TO COMPLETE
ACCREDITATION REQUIREMENTS, LAW ENFORCEMENT OFFICERS OF SUCH AGENCY MUST
COMPLETE A TRAINING AS DEVELOPED BY THE DIVISION IN RELATION TO PROHIB-
ITING RACIAL PROFILING.
5. REPORTS. (A) THE OFFICE SHALL PREPARE ANNUAL PUBLIC REPORTS THAT
INCLUDE AGGREGATE STATISTICS ON STATE AND LOCAL LAW ENFORCEMENT ACTIV-
ITIES AND PROCEDURES AND AGGREGATE DATA ON RACE, COLOR, ETHNICITY,
NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION AND AGE OF SUCH PERSONS
INVOLVED IN THE TRAFFIC STOP. THESE REPORTS SHALL INCLUDE AGGREGATE
STATISTICS ON THE NUMBER OF MOTOR VEHICLE STOPS, REASON FOR STOPS,
ENFORCEMENT ACTIONS, INCLUDING BUT NOT LIMITED TO, CITATIONS, WARNINGS
AND ARRESTS, NUMBER OF SEARCHES CONDUCTED, AND THE USE OF FORCE. THE
A. 1089 4
REPORTS SHALL ALSO INCLUDE AGGREGATE STATISTICS OF THE NUMBER OF CRIMI-
NAL CHARGES FILED, CONTRABAND SEIZURES AND WANTED PERSONS TAKEN INTO
CUSTODY AS A RESULT OF MOTOR VEHICLE STOPS.
(B) THE OFFICE SHALL PREPARE ANNUAL REPORTS PROVIDING AGGREGATE DATA
REGARDING MISCONDUCT INVESTIGATIONS AND THE NUMBER OF EXTERNAL, INTER-
NAL, AND TOTAL COMPLAINTS RECEIVED AND THE DISPOSITION OF THOSE
COMPLAINTS.
(C) THE COMMISSIONER SHALL, ON AN ANNUAL BASIS, REPORT TO THE GOVERNOR
AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS SECTION.
(D) THE REPORT AND STATISTICS SHALL BE PUBLISHED ON THE DIVISION'S
WEBSITE.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.