S T A T E   O F   N E W   Y O R K
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                                  2662--A
                                                         Cal. No. 112
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M. of A. BICHOTTE HERMELYN, PEOPLES-STOKES, AUBRY, GOTT-
   FRIED, WALKER, COOK, PERRY, PRETLOW, DINOWITZ,  HEVESI,  L. ROSENTHAL,
   REYES, ZEBROWSKI, BARRETT, SIMON, DICKENS, ROZIC, BARNWELL, O'DONNELL,
   EPSTEIN,  COLTON,  RICHARDSON,  HUNTER,  SEAWRIGHT,  GLICK,  WILLIAMS,
   TAYLOR, VANEL, OTIS, NIOU, BRONSON, CARROLL, CRUZ, HYNDMAN,  JACOBSON,
   NOLAN,  RAMOS,  STECK, THIELE, KIM, FRONTUS, ZINERMAN, JACKSON, GONZA-
   LEZ-ROJAS, LAVINE -- read once and referred to the Committee on  Codes
   --  ordered to a third reading, amended and ordered reprinted, retain-
   ing 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-x
 to read as follows:
   §  837-X.  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04957-02-2
 A. 2662--A                          2
 
 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;
   (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
 A. 2662--A                          3
 
 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
   (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-x 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-x 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.