S T A T E   O F   N E W   Y O R K
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                                   4348
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M.  of  A.  WALKER, EPSTEIN, JEAN-PIERRE, BARRON, PERRY,
   J. RIVERA, DICKENS, SIMON -- 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".
   §  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07931-01-1
              

 A. 4348                             2
 
 American children have higher rates of involvement in each stage of  the
 child welfare system than white children.
   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:

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   (A) THE DIVISION OF CRIMINAL JUSTICE SERVICES,  IN  CONSULTATION  WITH
 THE  DIVISION  OF  JUVENILE  JUSTICE  AND OPPORTUNITIES FOR YOUTH, SHALL
 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

 A. 4348                             4

 FOR  CONSIDERATION, IN COMMITTEE OR ON THE SENATE OR ASSEMBLY FLOOR, AND
 THE GOVERNOR'S DESK FOR APPROVAL.
   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.