S T A T E   O F   N E W   Y O R K
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                                  4615--A
                                                         Cal. No. 176
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. BICHOTTE, GANTT, MOSLEY, GOTTFRIED, BLAKE, WALK-
   ER, COOK, PERRY, PRETLOW,  ORTIZ,  DINOWITZ,  LIFTON,  PEOPLES-STOKES,
   HEVESI, L. ROSENTHAL, REYES, ZEBROWSKI, BARRETT, WRIGHT -- Multi-Spon-
   sored  by -- M. of A.  CARROLL, RAMOS -- read once and referred to the
   Committee on Codes -- ordered to a third reading, amended and  ordered
   reprinted, retaining its place on the order of third reading
 
 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-u
 to read as follows:
   § 837-U. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00225-02-0

 A. 4615--A                          2
 
   (D)  "ROUTINE  OR  SPONTANEOUS  INVESTIGATORY  ACTIVITIES"  MEANS  THE
 FOLLOWING ACTIVITIES BY A LAW ENFORCEMENT AGENT:
   (I) INTERVIEWS;
   (II) TRAFFIC STOPS;
   (III) PEDESTRIAN STOPS;
   (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.

 A. 4615--A                          3
 
   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
   (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-u 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-u 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.