NY State Senate Bill 2021-S8109

Archive: Last Bill Status - In Senate Committee Codes 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 25, 2022	referred to codes

2021-S8109 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-x, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8495
2023-2024: S4892

2021-S8109 (ACTIVE) - Summary

Prohibits law enforcement officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against law enforcement officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency.

2021-S8109 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8109

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends the executive law by creating a new section 837-v with
necessary definitions, prohibits law enforcement agencies and law
enforcement officers from engaging in racial or ethnic profiling,
requires every law enforcement agency to promulgate and adopt an antira-
cial profiling policy as well as procedures for reviewing complaints of
racial or ethnic profiling, and authorizes the Attorney General to bring
an action on behalf of the people against a law enforcement agency that
has engaged in racial or ethnic profiling.

Section 2 contains the effective date.

 
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 stopand-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 and establishing policies and procedures.

 
LEGISLATIVE HISTORY:

2019-20: S8495/

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the provisions of
subdivision 3 shall take effect on the ninetieth day after it shall have
become a law.

2021-S8109 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8109
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 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-
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14436-01-2
 S. 8109                             2
 
   (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.  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 OR ETHNIC
 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.
   5.  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  the
 provisions  of  subdivision  3  of section 837-x of the executive law as
 added by section one of this act shall take effect on the ninetieth  day
 after it shall have become a law.

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Senate Bill S8109

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S8109 (ACTIVE) - Details

2021-S8109 (ACTIVE) - Summary

2021-S8109 (ACTIVE) - Sponsor Memo

2021-S8109 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8109

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Sponsored By

Cordell Cleare

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S8109 (ACTIVE) - Details

2021-S8109 (ACTIVE) - Summary

2021-S8109 (ACTIVE) - Sponsor Memo

2021-S8109 (ACTIVE) - Bill Text download pdf

Comments