S T A T E   O F   N E W   Y O R K
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                                   3422
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend the legislative law, in relation to racial and ethnic
   impact statements on bills
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "racial and
 ethnic equity act of 2019".
   §  2.  Legislative  findings  and  intent.  The legislature finds that
 minorities are historically overrepresented in the New York correctional
 population and that adverse racial disparities occur at every  stage  of
 the  criminal  justice  system. Black people are dramatically overrepre-
 sented in New York's correctional population. In  2015,  they  accounted
 for  only 17.6 percent of the state's total population. Yet, as of Janu-
 ary 2016, black people made up 49 percent of the  total  offender  popu-
 lation  under  custody.  Latinos are also overrepresented in the correc-
 tional population. In 2015, they accounted for 18.8 percent of the state
 population and, in 2016, just under a quarter of the offender population
 under custody. While the state of New York has effectively  reduced  the
 total prison population through the adoption of alternative to incarcer-
 ation  programs  and  other  forms  of diversion, the racially disparate
 correctional population remains an indefatigable aspect of  the  justice
 system. The role of New York State Permanent Commission on Sentencing is
 to  evaluate  sentencing  laws  and practices and recommend reforms that
 will improve the quality and effectiveness of statewide sentencing poli-
 cy; however, this entity does not evaluate the role of sentencing  stat-
 utes on racial and ethnic minorities.
   In New York State, black children are overrepresented at each stage of
 the  child  welfare  process.  Additionally,  Black, Hispanic and Native
 American children have higher rates of involvement in each stage of  the
 child welfare system than white children.

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

                                                            LBD05967-01-9

 A. 3422                             2
 
   A plausible cause of the continued racial disparities is the enactment
 of  criminal  justice,  public  benefits, and social welfare legislation
 without review of the potential impacts on minority populations.   Race-
 neutral  legislation  can  have  adverse  disparate  effects on minority
 groups  in  practice.  New  York State can remedy this through requiring
 racial ethnic impact statements for all legislation that will potential-
 ly increase the correctional population, create a  new  offense,  change
 the  penalty  for  an  existing offense, change the existing sentencing,
 parole or probation procedures, increase the child  welfare  population,
 and  change  social  service  laws  as  they  relate to access to public
 assistance.
   § 3. The legislative law is amended by adding three new sections 52-a,
 52-b and 52-c to read as follows:
   § 52-A. RACIAL AND ETHNIC IMPACT STATEMENTS ON QUALIFYING BILLS.    1.
 AS USED IN THIS SECTION:
   (A)  THE  TERM "AFFECTED POPULATION" SHALL MEAN THE CORRECTIONAL POPU-
 LATION, THE PUBLIC ASSISTANCE POPULATION, OR  THE  CHILD  WELFARE  POPU-
 LATION.
   (B)  THE  TERM  "CORRECTIONAL POPULATION" SHALL MEAN THE POPULATION OF
 PERSONS INCARCERATED IN, BUT NOT LIMITED TO, PRISON, JAIL, OR FACILITIES
 OPERATED BY THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  AND  PERSONS
 SUPERVISED  IN  THE  COMMUNITY INCLUDING, BUT NOT LIMITED TO, PERSONS ON
 PROBATION, PAROLE, POST-RELEASE SUPERVISION, OR  PERSONS  SUPERVISED  BY
 THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (C) THE TERM "PUBLIC ASSISTANCE POPULATION" SHALL MEAN ALL PERSONS WHO
 RECEIVE  PUBLIC  ASSISTANCE  OR  WELFARE  INCLUDING, BUT NOT LIMITED TO,
 FAMILY ASSISTANCE, SAFETY NET ASSISTANCE,  VETERAN  ASSISTANCE,  MEDICAL
 ASSISTANCE  FOR  NEEDY PERSONS, INSTITUTIONAL CARE FOR ADULTS AND CHILD-
 CARE.
   (D) THE TERM "CHILD" SHALL MEAN A PERSON ACTUALLY OR APPARENTLY  UNDER
 THE AGE OF EIGHTEEN YEARS OLD.
   (E)  THE TERM "CHILD WELFARE POPULATION" SHALL MEAN CHILDREN PLACED IN
 OUT-OF-HOME CARE, FOSTER CARE, OR KINSHIP CARE.
   (F) THE TERM "IMPACT STATEMENT" SHALL MEAN A RACIAL AND ETHNIC  IMPACT
 STATEMENT.
   (G) THE TERM "MINORITIES" SHALL MEAN PERSONS WHO ARE MEMBERS OF ONE OF
 THE FOLLOWING GROUPS:
   (I)  BLACK  PERSONS  HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL
 GROUPS:
   (II) HISPANIC PERSONS OF  MEXICAN,  PUERTO  RICAN,  DOMINICAN,  CUBAN,
 CENTRAL  OR  SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC ORIGIN, REGARD-
 LESS OF RACE;
   (III) NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING ORIGINS IN  ANY
 OF THE ORIGINAL PEOPLES OF NORTH AMERICA; AND
   (IV)  ASIAN  AND PACIFIC ISLANDER PERSONS HAVING ORIGINS IN ANY OF THE
 FAR EAST COUNTRIES, SOUTH EAST ASIA,  THE  INDIAN  SUBCONTINENT  OR  THE
 PACIFIC ISLANDS.
   (H)  THE  TERM "QUALIFYING BILL" SHALL MEAN ANY BILL OR AMENDMENT TO A
 BILL FILED IN OR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION  WHICH  MAY
 AFFECT THE RACIAL AND ETHNIC COMPOSITION OF AN AFFECTED POPULATION.
   2.  BEFORE  QUALIFYING BILLS MAY BE CONSIDERED BY A SENATE OR ASSEMBLY
 COMMITTEE, THE CHAIR OF THE SENATE OR ASSEMBLY COMMITTEE SHALL CAUSE THE
 BILL TO BE REFERRED TO THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  FOR
 PREPARATION OF AN IMPACT STATEMENT:
   (A)  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION WITH
 THE DIVISION OF JUVENILE JUSTICE  AND  OPPORTUNITIES  FOR  YOUTH,  SHALL

 A. 3422                             3

 PREPARE,  FOR EACH QUALIFYING BILL RELATING TO CRIMINAL OR JUVENILE LAW,
 AN IMPACT STATEMENT CLEARLY DETAILING THE  ESTIMATED  EFFECT  SUCH  BILL
 WILL HAVE ON THE RACIAL AND ETHNIC COMPOSITION OF THE CORRECTIONAL POPU-
 LATION;
   (B)  THE  BUDGET,  FINANCE  AND DATA MANAGEMENT AND ANALYSIS DIVISION,
 WITHIN THE OFFICE OF TEMPORARY AND DISABILITY INSURANCE, SHALL  PREPARE,
 FOR  EACH  QUALIFYING  BILL RELATING TO PUBLIC ASSISTANCE OR WELFARE, AN
 IMPACT STATEMENT CLEARLY DETAILING THE ESTIMATED EFFECT SUCH  BILL  WILL
 HAVE ON THE RACIAL AND ETHNIC COMPOSITION OF THE PUBLIC ASSISTANCE POPU-
 LATION; AND/OR
   (C)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
 THE BUREAU OF STRATEGIC PARTNERSHIPS AND COLLABORATION,  SHALL  PREPARE,
 FOR  EACH  QUALIFYING  BILL RELATING TO CHILD WELFARE, OUT-OF-HOME CARE,
 FOSTER CARE, OR KINSHIP CARE, AN IMPACT STATEMENT CLEARLY DETAILING  THE
 ESTIMATED  EFFECT  SUCH BILL WILL HAVE ON THE RACIAL AND ETHNIC COMPOSI-
 TION OF THE CHILD WELFARE POPULATION.
   3. IN DETERMINING THE RACIAL AND ETHNIC IMPACTS OF A BILL,  THE  DIVI-
 SION  OF  CRIMINAL  JUSTICE  SERVICES  AND BUREAU OF DATA MANAGEMENT AND
 ANALYSIS SHALL, AT A MINIMUM, ESTIMATE SUCH IMPACTS ON THE BASIS OF:
   (A) WHETHER AND THE EXTENT TO WHICH THE BILL WOULD  HAVE  A  DISPARATE
 IMPACT ON MINORITIES WITHIN AN AFFECTED POPULATION AND AN EXPLANATION OF
 THAT IMPACT;
   (B) THE EXPECTED IMPACT ON EACH MINORITY;
   (C) THE IMPACT OF THE QUALIFYING BILL UPON:
   (I) CORRECTIONAL FACILITIES;
   (II) PUBLIC ASSISTANCE RECIPIENTS; OR
   (III) CHILDREN IN OUT-OF-HOME CARE, FOSTER CARE, OR KINSHIP CARE; AND
   (D) OTHER MATTERS DEEMED RELEVANT TO THE QUALIFYING BILL.
   4.  THE  IMPACT  STATEMENT  MUST INCLUDE THE SOURCE OR SOURCES OF DATA
 RELIED UPON TO DETERMINE THE ESTIMATED IMPACTS. SUCH DATA  SOURCES  MUST
 INCLUDE, BUT ARE NOT LIMITED TO:
   (A)  CRIMINAL JUSTICE STATISTICS FROM THE DIVISION OF CRIMINAL JUSTICE
 SERVICES FOR QUALIFYING BILLS RELATING TO CRIMINAL OR JUVENILE LAW;
   (B) RESOURCES AND DATA FROM THE OFFICE  OF  TEMPORARY  AND  DISABILITY
 ASSISTANCE  FOR  QUALIFYING  BILLS  RELATING  TO  PUBLIC  ASSISTANCE  OR
 WELFARE; AND/OR
   (C) DATA AND INFORMATION FROM THE FOLLOWING GROUPS:  STATE  AND  LOCAL
 AGENCIES,  INCLUDING  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, THE
 OFFICE OF COURT ADMINISTRATION, THE OFFICE OF THE NEW YORK CITY CRIMINAL
 JUSTICE COORDINATOR, THE NEW YORK  CITY  ADMINISTRATION  FOR  CHILDREN'S
 SERVICES AND THE NEW YORK CITY POLICE DEPARTMENT.
   5.  ESTIMATED OR ACTUAL RACIAL AND ETHNIC IMPACTS DISCLOSED UNDER THIS
 SECTION SHALL BE REPORTED AT STATISTICAL COMPARISONS IN THE FORM OF RATE
 PER TEN THOUSAND OR ONE HUNDRED THOUSAND PEOPLE, NUMBER OF PEOPLE, SHARE
 OF POPULATION, OR ANY OTHER APPROPRIATE, CONVENIENT OR  ACCESSIBLE  UNIT
 OR UNITS OF MEASUREMENT.
   6.  THE  IMPACT  STATEMENT SHALL, AT A MINIMUM, REFLECT THE RACIAL AND
 ETHNIC IMPACT ON AN AFFECTED POPULATION FOR NO LESS  THAN  THREE  FISCAL
 YEARS FOLLOWING ADOPTION OF SUCH BILL.
   7.  IF  THE ESTIMATES CONTAINED IN AN IMPACT STATEMENT ARE INACCURATE,
 SUCH INACCURACIES SHALL NOT AFFECT, IMPAIR, OR INVALIDATE SUCH BILL.
   8. AN IMPACT STATEMENT REQUIRED TO  BE  PREPARED  UNDER  THIS  SECTION
 SHALL  BE  MADE  AND  SHALL  REMAIN A PART OF THE BILL IT DESCRIBES, AND
 SHALL BE AFFIXED TO THE BILL BEFORE IT IS LAID UPON THE  MEMBERS'  DESKS
 FOR  CONSIDERATION, IN COMMITTEE OR ON THE SENATE OR ASSEMBLY FLOOR, AND
 THE GOVERNOR'S DESK FOR APPROVAL.

 A. 3422                             4
 
   9. (A) IF A SENATE OR ASSEMBLY BILL IS CALLED UP FOR FINAL PASSAGE  IN
 THE  SENATE  OR ASSEMBLY AND AN IMPACT STATEMENT IS REQUIRED BY SUBDIVI-
 SION TWO OF THIS SECTION AND HAS NOT BEEN PROVIDED BY  THE  DIVISION  OF
 CRIMINAL JUSTICE SERVICES OR THE BUREAU OF DATA MANAGEMENT AND ANALYSIS,
 THE  PRESIDING  OFFICER  OF THE SENATE OR HOUSE OF REPRESENTATIVES SHALL
 CAUSE THE BILL TO BE  REFERRED  TO  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  OR THE BUREAU OF DATA MANAGEMENT AND ANALYSIS FOR THE PREPARA-
 TION OF AN IMPACT STATEMENT, WHICH SHALL BE  FILED  WITH  THE  PRESIDING
 OFFICER  AND  AFFIXED  TO  THE BILL AT LEAST FIVE DAYS PRIOR TO THE BILL
 AGAIN BEING CALLED UP FOR FINAL PASSAGE.
   (B) SUCH BILL SHALL NOT BE CALLED BACK UP FOR  FINAL  ACTION  UNTIL  A
 RACIAL IMPACT STATEMENT HAS BEEN FILED WITH THE PRESIDING OFFICER.
   §  52-B.  IMPACT  STATEMENTS  INDICATING  DISPARATE ADVERSE IMPACTS ON
 MINORITIES. 1. (A) IF AN IMPACT STATEMENT, AS DEFINED IN SECTION  FIFTY-
 TWO-A  OF  THIS ARTICLE, INDICATES A DISPARATE ADVERSE IMPACT ON MINORI-
 TIES, AS DEFINED IN SECTION FIFTY-TWO-A OF THIS ARTICLE, THE SPONSOR  OF
 THE  BILL  SHALL CONSIDER WHETHER THE BILL MAY BE AMENDED TO ACHIEVE ITS
 PURPOSE WITH A LESSENED IMPACT ON MINORITIES.
   (B) IF A BILL IS AMENDED TO LESSEN ITS ADVERSE IMPACT  ON  MINORITIES,
 THE SPONSOR OF THE BILL SHALL IDENTIFY IN WRITING, IN THE BILL AND AS AN
 APPENDIX  TO  THE  IMPACT  STATEMENT, THE METHODOLOGY USED TO LESSEN THE
 IMPACT ON MINORITIES IN THE AMENDED PROPOSAL.
   2. IF THE SPONSOR OF THE BILL ELECTS NOT TO AMEND THE BILL OR  IF  THE
 IMPACT  STATEMENT  FOR AN AMENDED BILL CONTINUES TO INDICATE A DISPARATE
 ADVERSE IMPACT ON MINORITIES, THE SPONSOR OF THE BILL SHALL:
   (A) WITHDRAW THE BILL; OR
   (B) IDENTIFY IN WRITING, IN THE BILL AND IN AN APPENDIX TO THE  IMPACT
 STATEMENT, HIS OR HER REASONING FOR PROCEEDING WITH THE BILL DESPITE THE
 DISPARATE IMPACT.
   §  52-C.  NOTICE  OF  PROPOSED  RACIAL AND ETHNIC IMPACT STATEMENT. 1.
 IMPACT STATEMENTS, AS DEFINED IN SECTION FIFTY-TWO-A  OF  THIS  ARTICLE,
 SHALL  BE  MADE AVAILABLE TO THE PUBLIC IN THE SAME MANNER THAT THE TEXT
 OF BILLS ARE MADE AVAILABLE TO THE PUBLIC.
   2. PRIOR TO AFFIXING AN IMPACT  STATEMENT  TO  A  BILL,  THE  PROPOSED
 IMPACT  STATEMENT SHALL BE PUBLISHED AND THE PUBLIC SHALL BE AFFORDED AN
 OPPORTUNITY TO SUBMIT COMMENTS ON IT.
   3. THE NOTICE OF A PROPOSED IMPACT  STATEMENT  MUST  BE  PUBLISHED  AT
 LEAST THIRTY DAYS PRIOR TO THE FIRST COMMITTEE VOTE ON THE BILL.
   4.  IF  AN  IMPACT  STATEMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION
 FIFTY-TWO-A OF THIS ARTICLE IS NOT PROVIDED UNTIL A BILL IS FIRST CALLED
 UP FOR FINAL PASSAGE THE NOTICE OF A PROPOSED IMPACT STATEMENT  MUST  BE
 PUBLISHED  AT  LEAST  FIVE DAYS PRIOR TO THE BILL BEING CALLED AGAIN FOR
 FINAL PASSAGE IN THE SENATE OR ASSEMBLY.
   § 4. This act shall take effect immediately.