S T A T E   O F   N E W   Y O R K
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                                  3949

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced by M. of A. WRIGHT, ROBINSON, GANTT, MOSLEY, JAFFEE, TITUS --
  Multi-Sponsored by -- M. of A. BRENNAN, CLARK, FARRELL, HEASTIE, HOOP-
  ER,  PEOPLES-STOKES,  SCARBOROUGH, TITONE -- 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 EIGHTEEN, 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
CORRECTIVE  ACTION  WITH RESPECT TO COMPLAINTS BY INDIVIDUALS WHO ALLEGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05398-01-5
              

A. 3949                             2

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  EIGHTEEN, 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 EIGHTEEN, 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.
  7.  EVERY  LAW ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE ATTORNEY
GENERAL, UPON FIVE DAYS DEMAND AND NOTICE, THE DOCUMENTS REQUIRED TO  BE

A. 3949                             3

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.