NY State Senate Bill 2017-S6555

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Jun 02, 2017	referred to rules

co-Sponsors

2017-S6555 (ACTIVE) - Details

See Assembly Version of this Bill:: A4879
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-t, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1676
2011-2012: A2288
2013-2014: A2941
2015-2016: A3949
2019-2020: S1137, A4615
2021-2022: S583, S8121, A2662
2023-2024: S5093, A3978

2017-S6555 (ACTIVE) - Summary

Prohibits police officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against police officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.

2017-S6555 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6555

 TITLE OF BILL :

An act to amend the executive law, in relation to ethnic or racial
profiling

 PURPOSE OR GENERAL IDEA OF BILL :

The proposed legislation prohibits law enforcement officers from using
racial and ethnic profiling establishes a collection of data on stops
and creates a course of action based on racial or ethnic profiling.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 would amend the executive law by creating a new section
837-t; Subdivision one would contain definitions.

Subdivision two would prohibit law enforcement agencies and law
enforcement officers from engaging in racial or ethnic profiling.

Subdivision three would require every law enforcement agency to
promulgate and adopt an anti-racial profiling policy as well as
procedures for reviewing complaints of racial or ethnic profiling. A
copy of each complaint and a written summary of the disposition would
be required to be forwarded to the division of criminal justice

services.

Subdivision four would require each law enforcement agency to collect
and maintain data with respect to their civilian interactions while
conducting routine and spontaneous investigatory activities.
Subdivision five would require every law enforcement agency to compile
the data collected and forward an annual report to the division of
criminal justice services by March 1st of each year.

Subdivision six would require the division of criminal justice
services in consultation with the Attorney General to promulgate
necessary forms for the police agencies to use in their data
collection.

Subdivision seven would require every law enforcement agency to make
documents required by this bill available to the Attorney General upon
notice and demand.

Subdivision eight would require every law enforcement agency to
provide all the collected data required by this proposal be made
available to the division of criminal justice services. The division
would then implement a computerized data system for public viewing of
such data and would publish an annual report on law enforcement stops
without revealing the identity of any individuals.

Subdivisions nine and ten would provide a right of action for
injunctive relief and/or for damages to be brought by a private
citizen who has been the victim of racial profiling or by the Attorney
General on behalf of the people against a law enforcement agency that
has engaged in racial or ethnic profiling.

Subdivision eleven would establish that this section does not diminish
or abrogate any other right, remedy or cause of action which an
individual who has been the subject of racial profiling may have.

Section 2 - contains the effective date.

 JUSTIFICATION :


The unconstitutional use of race or ethnicity as criteria has become
the focus of many civil and human rights groups. The practice is
commonly known as "racial profiling." Blacks, Hispanics, Muslims, and
other minority groups have long been victims of biased and unjustified
stops by law enforcement officers. This consequently has had a
corrosive effect on the relations between police and the minority
communities and is of no benefit in reducing crime. In the first three
quarters of 2016 (January - September), New Yorkers were stopped by
the police 10,171 times. The demographics of those stopped were as
follows: 54 percent were black (5,401), 29 percent were Latino
(2,944), and 10 percent were white (1,042). Ultimately 76 percent of
these stops (7,758) did not result in an arrest and the individual was
innocent. These statistics show the racial bias inherent in police
stops and this practice's ultimate ineffectiveness.

The issue of racial profiling has gained national attention as courts
have recently found law enforcement agencies to be engaging in
unconstitutional practices. The Center for Constitutional Rights filed
the federal class action lawsuit Floyd, et al. v. City of New York, et
al. against the City of New York to challenge the New York Police
Department's practices of racial profiling and unconstitutional stop
and frisks of New York City residents. The named plaintiffs in the
case David Floyd, David Ourlicht, Lalit Clarkson, and Deon Dennis -
represent the thousands of primarily Black and Latino New Yorkers who
have been stopped without any cause on the way to work or home from
school, in front of their house, or just walking down the street. In a
historic ruling on August 12, 2013, following a nine-week trial, a
federal judge found the New York City Police Department liable for a
pattern and practice of racial profiling and unconstitutional stops.
Under a new administration, the City agreed to drop its appeal and
begin the joint remedial process ordered by the court.

The Floyd case stems from the landmark racial profiling case, Daniels,
et al. v. City of New York, et al., which led to the disbanding of the
infamous Street Crime Unit and a settlement with the City in 2003. The
Daniels settlement agreement required the NYPD to maintain a written
racial profiling policy that complies with the United States and New
York State constitutions and to provide stop-and-frisk data to CCR on
a quarterly basis from 2003 through 2007.

Despite these significant cases, racial profiling is still a practice
that is rampantly engaged in by law enforcement agencies across the
state. In light of such circumstances, it has become paramount for New
York to address the issue of racial profiling before it further
continues to undermine the collaborative relationship between
communities of color and New York law enforcement officers. This
legislation aims to resolve the problem by prohibiting police officers
from using racial and ethnic profiling, b establishing policies and
procedures to collect data on racial and ethnic profiling and by
establishing a statewide public data base containing the collected
data which will promote law enforcement integrity as well as to
promote community support, particularly minority communities, for law
enforcement officers.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: A 3949 Passed Assembly
2013-2014: A.2941 Passed Assembly
2011-2012; A.2288 Passed Assembly
2010: A.1676A Passed Assembly 2009 A.1676 Passed Assembly
2007 A.627 Passed Assembly
2005-06 A.2456A Passed Assembly
2003-04 A.11542 Passed Assembly

 FISCAL IMPLICATIONS :

Related to the promulgation of regulations, the collection of data,
the publishing of an annual report and the establishment of the public
data base.

 EFFECTIVE DATE :
This act shall take effect immediately, with subdivision 4 taking
effect in 90 days and subdivision 6 taking effect in 60.

2017-S6555 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6555
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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-t
 to read as follows:
   § 837-T. 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 ENGAGED IN THE PREVENTION,  DETECTION,  OR
 INVESTIGATION OF VIOLATIONS OF CRIMINAL LAW.
   (B) "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER,
 AS  DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW, EMPLOYED BY A LAW ENFORCEMENT AGENCY.
   (C) "RACIAL OR ETHNIC PROFILING" MEANS THE PRACTICE OF A LAW  ENFORCE-
 MENT  AGENT  OR  AGENCY,  RELYING, TO ANY DEGREE, ON ACTUAL OR PERCEIVED
 RACE, COLOR, ETHNICITY, NATIONAL ORIGIN OR RELIGION IN  SELECTING  WHICH
 INDIVIDUAL OR LOCATION TO SUBJECT TO ROUTINE OR SPONTANEOUS INVESTIGATO-
 RY  ACTIVITIES  OR  IN  DECIDING  UPON  THE  SCOPE  AND SUBSTANCE OF LAW
 ENFORCEMENT ACTIVITY  FOLLOWING  THE  INITIAL  INVESTIGATORY  PROCEDURE,
 EXCEPT  WHEN  THERE IS TRUSTWORTHY INFORMATION, RELEVANT TO THE LOCALITY
 AND TIMEFRAME, THAT LINKS A SPECIFIC PERSON OR LOCATION WITH  A  PARTIC-
 ULAR  CHARACTERISTIC DESCRIBED IN THIS PARAGRAPH TO AN IDENTIFIED CRIMI-
 NAL INCIDENT OR SCHEME.
   (D)  "ROUTINE  OR  SPONTANEOUS  INVESTIGATORY  ACTIVITIES"  MEANS  THE
 FOLLOWING ACTIVITIES BY A LAW ENFORCEMENT AGENT:
   (I) INTERVIEWS;
   (II) TRAFFIC STOPS;
   (III) PEDESTRIAN STOPS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09603-03-7

 S. 6555                             2
 
   (IV) FRISKS AND OTHER TYPES OF BODY SEARCHES;
   (V)  CONSENSUAL  OR  NONCONSENSUAL  SEARCHES  OF  PERSONS, PROPERTY OR
 POSSESSIONS (INCLUDING VEHICLES) OF INDIVIDUALS;
   (VI) DATA COLLECTION AND ANALYSIS, ASSESSMENTS AND INVESTIGATIONS; AND
   (VII) INSPECTIONS AND INTERVIEWS.
   2. EVERY LAW ENFORCEMENT AGENCY  AND  EVERY  LAW  ENFORCEMENT  OFFICER
 SHALL BE PROHIBITED FROM ENGAGING IN RACIAL OR ETHNIC PROFILING.
   3.  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 THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR  ETHNIC  PROFIL-
 ING. 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.  EACH LAW ENFORCEMENT AGENCY SHALL, USING A FORM TO  BE  DETERMINED
 BY  THE  DIVISION,  RECORD  AND  RETAIN  THE  FOLLOWING INFORMATION WITH
 RESPECT TO LAW ENFORCEMENT OFFICERS EMPLOYED BY SUCH AGENCY:
   (A) THE NUMBER OF PERSONS STOPPED AS A RESULT OF A MOTOR VEHICLE  STOP
 FOR  TRAFFIC VIOLATIONS AND THE NUMBER OF PERSONS STOPPED AS A RESULT OF
 A ROUTINE OR SPONTANEOUS LAW ENFORCEMENT ACTIVITY  AS  DEFINED  IN  THIS
 SECTION;
   (B)  THE CHARACTERISTICS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN OR
 RELIGION OF EACH SUCH PERSON, PROVIDED THE IDENTIFICATION OF SUCH  CHAR-
 ACTERISTICS  SHALL  BE  BASED  ON  THE OBSERVATION AND PERCEPTION OF THE
 OFFICER RESPONSIBLE 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) THE NATURE OF THE ALLEGED VIOLATION THAT RESULTED IN THE  STOP  OR
 THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING STOPPED;
   (E)  WHETHER  A PAT DOWN OR FRISK WAS CONDUCTED AND, IF SO, THE RESULT
 OF THE PAT DOWN OR FRISK;
   (F) WHETHER A SEARCH WAS CONDUCTED AND,  IF  SO,  THE  RESULT  OF  THE
 SEARCH;
   (G)  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;
   (H) WHETHER AN INVENTORY SEARCH OF SUCH PERSON'S IMPOUNDED VEHICLE WAS
 CONDUCTED;
   (I) WHETHER A WARNING OR CITATION WAS ISSUED;
   (J) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE OR CHARGES;
   (K) THE APPROXIMATE DURATION OF THE STOP; AND
   (L) 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.    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; AND

 S. 6555                             3
 
   (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 PROMPTLY MAKE AVAILABLE TO THE
 ATTORNEY GENERAL, UPON 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  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION TO THE DIVISION.
 THE DIVISION SHALL DEVELOP AND IMPLEMENT A PLAN FOR A COMPUTERIZED  DATA
 SYSTEM  FOR  PUBLIC  VIEWING  OF  SUCH  DATA AND SHALL PUBLISH AN ANNUAL
 REPORT ON DATA COLLECTED FOR THE  GOVERNOR,  THE  LEGISLATURE,  AND  THE
 PUBLIC  ON  LAW ENFORCEMENT 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 THE ATTORNEY GENERAL 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.
   § 2.  This act shall take effect immediately; provided that:
   1.  the  provisions of subdivision 4 of section 837-t of the executive
 law as added by section one of this act shall take effect on the nineti-
 eth day after it shall have become a law; and
   2. the provisions of subdivision 6 of section 837-t of  the  executive
 law  as added by section one of this act shall take effect on the sixti-
 eth day after it shall have become a law.

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Senate Bill S6555

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2017-S6555 (ACTIVE) - Details

2017-S6555 (ACTIVE) - Summary

2017-S6555 (ACTIVE) - Sponsor Memo

2017-S6555 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6555

Share this bill

Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Jesse Hamilton

Luis R. Sepúlveda

2017-S6555 (ACTIVE) - Details

2017-S6555 (ACTIVE) - Summary

2017-S6555 (ACTIVE) - Sponsor Memo

2017-S6555 (ACTIVE) - Bill Text download pdf

Comments