NY State Senate Bill 2021-S583

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 06, 2021	referred to finance

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2021-S583 (ACTIVE) - Details

See Assembly Version of this Bill:: A2662
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1676
2011-2012: A2288
2013-2014: A2941
2015-2016: A3949
2017-2018: S6555, A4879
2019-2020: S1137, A4615
2023-2024: S5093, A3978

2021-S583 (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.

2021-S583 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S583

SPONSOR: BENJAMIN
 
TITLE OF BILL:

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

 
PURPOSE:

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 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 enforce-
ment officers from engaging in racial or ethnic profiling.

Subdivision three would require every law enforcement agency to promul-
gate 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 crim-
inal 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 reveal-
ing 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 individ-
ual who has been the subject of racial profiling may have.

Section 2 - sets the effective date.

 
EXISTING LAW:

 
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 ulti-
mate ineffectiveness.

The issue of racial profiling has gained national attention as courts
have recently found law enforcement agencies to be engaging in unconsti-
tutional 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 Depart-
ment'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 prac-
tice of racial profiling and unconstitutional stops. Under a new admin-
istration, the City agreed to drop its appeal and begin the joint reme-
dial 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 contin-
ues 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 enforce-
ment integrity as well as to promote community support, particularly
minority communities, for law enforcement officers..

 
LEGISLATIVE HISTORY:

2019-20: S1137A/A.4615-A
2017-18: S.6555/A.4879
2015-2016: A 3949
2013-2014: A.2941
2011-2012; A.2288
2009-10: A.1676A
2007-08: A.627
2005-06: A.2456A
2003-04: A.11542.

 
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.

 
LOCAL FISCAL IMPLICATIONS:

None

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

2021-S583 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    583
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  BENJAMIN,  BAILEY, COMRIE, HOYLMAN, JACKSON, LIU,
   PARKER, RAMOS, SALAZAR, SANDERS, SEPULVEDA -- read twice  and  ordered
   printed, and when printed to be committed to the Committee on Finance
 
 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-w
 to read as follows:
   § 837-W. 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04957-01-1

 S. 583                              2
 
   (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.
   6.    THE  DIVISION,  IN CONSULTATION WITH THE ATTORNEY GENERAL, SHALL
 DEVELOP AND PROMULGATE:

 S. 583                              3
 
   (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-w 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-w 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 S583

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2021-S583 (ACTIVE) - Details

2021-S583 (ACTIVE) - Summary

2021-S583 (ACTIVE) - Sponsor Memo

2021-S583 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S583

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2021-S583 (ACTIVE) - Details

2021-S583 (ACTIVE) - Summary

2021-S583 (ACTIVE) - Sponsor Memo

2021-S583 (ACTIVE) - Bill Text download pdf

Comments