S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3978
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, PEOPLES-STOKES, AUBRY, WALKER,
   COOK,  PRETLOW,  DINOWITZ,  HEVESI,  L. ROSENTHAL,  REYES,  ZEBROWSKI,
   BARRETT, SIMON, DICKENS, ROZIC, EPSTEIN,  COLTON,  HUNTER,  SEAWRIGHT,
   GLICK, WILLIAMS, TAYLOR, VANEL, OTIS, BRONSON, CARROLL, CRUZ, HYNDMAN,
   JACOBSON,  RAMOS,  STECK, THIELE, KIM, ZINERMAN, JACKSON, GONZALEZ-RO-
   JAS, LAVINE -- read once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07238-01-3
 A. 3978                             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. 3978                             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-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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3978--A
                                                         Cal. No. 104
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, PEOPLES-STOKES, AUBRY, WALKER,
   COOK,  PRETLOW,  DINOWITZ,  HEVESI,  L. ROSENTHAL,  REYES,  ZEBROWSKI,
   BARRETT, SIMON, DICKENS, ROZIC, EPSTEIN,  COLTON,  HUNTER,  SEAWRIGHT,
   GLICK, WILLIAMS, TAYLOR, VANEL, OTIS, BRONSON, CARROLL, CRUZ, HYNDMAN,
   JACOBSON,  RAMOS,  STECK, THIELE, KIM, ZINERMAN, JACKSON, GONZALEZ-RO-
   JAS, LAVINE, KELLES, GIBBS, ARDILA -- 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 bias-based 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-y
 to read as follows:
   § 837-Y. BIAS-BASED 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) "BIAS-BASED PROFILING" MEANS THE RELIANCE, TO ANY DEGREE, ON ACTU-
 AL  OR PERCEIVED RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, IMMIGRATION OR
 CITIZENSHIP STATUS, AGE, RELIGION, GENDER IDENTITY OR EXPRESSION, SEXUAL
 ORIENTATION, MENTAL OR PHYSICAL  DISABILITY,  SOCIOECONOMIC  STATUS,  OR
 HOUSING  STATUS  IN  SELECTING  WHICH  PERSONS  TO  SUBJECT TO STOPS, IN
 SELECTING WHICH LOCATIONS TO SUBJECT PERSONS TO STOPS,  OR  IN  DECIDING
 THE  SCOPE  OR  SUBSTANCE  OF  LAW  ENFORCEMENT ACTION AGAINST A PERSON,
 EXCEPT THAT AN OFFICER MAY CONSIDER OR RELY ON CHARACTERISTICS LISTED IN
 A SPECIFIC SUSPECT DESCRIPTION RELEVANT TO THE  LOCALITY  AND  TIMEFRAME
 AND BASED ON TRUSTWORTHY INFORMATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07238-06-4
              

 A. 3978--A                          2
 
   (D)  "ROUTINE  OR  SPONTANEOUS  INVESTIGATORY  ACTIVITIES"  MEANS  THE
 FOLLOWING ACTIVITIES BY A LAW ENFORCEMENT OFFICER:
   (I) INTERVIEWS;
   (II) TRAFFIC STOPS;
   (III) PEDESTRIAN STOPS;
   (IV) FRISKS AND OTHER TYPES OF BODY SEARCHES; AND
   (V)  CONSENSUAL  OR  NONCONSENSUAL  SEARCHES  OF  PERSONS, PROPERTY OR
 POSSESSIONS (INCLUDING VEHICLES) OF INDIVIDUALS.
   (E) "POLITICAL SUBDIVISION" MEANS ANY  COUNTY,  MUNICIPALITY,  DEPART-
 MENT,  COMMISSION, DISTRICT, BOARD, OR OTHER PUBLIC BODY, WHETHER CORPO-
 RATE OR OTHERWISE, CREATED BY  OR  UNDER  STATE  LAW,  THAT  HAS  A  LAW
 ENFORCEMENT AGENCY OR EMPLOYS LAW ENFORCEMENT OFFICERS.
   2.  EVERY  LAW  ENFORCEMENT  AGENCY  AND EVERY LAW ENFORCEMENT OFFICER
 SHALL BE PROHIBITED FROM ENGAGING IN BIAS-BASED PROFILING.
   3. EVERY LAW ENFORCEMENT AGENCY SHALL PROMULGATE AND ADOPT  A  WRITTEN
 POLICY  WHICH  PROHIBITS  BIAS-BASED PROFILING. THE POLICY SHALL BE MADE
 PUBLICLY AVAILABLE.  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 BIAS-BASED PROFILING.  THE  POLICY  SHALL  BE  MADE  PUBLICLY
 AVAILABLE.  IN  A MANNER DETERMINED BY THE DIVISION IN CONSULTATION WITH
 THE ATTORNEY GENERAL, 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 DIVI-
 SION.  FURTHERMORE, ON OR BEFORE ITS EFFECTIVE DATE SET FORTH IN  SUBDI-
 VISION  TWELVE  OF  THIS SECTION, AND AT LEAST ONCE ANNUALLY THEREAFTER,
 EVERY LAW ENFORCEMENT AGENCY SHALL REVIEW  THE  DATA  IT  HAS  COLLECTED
 PURSUANT  TO  SUBDIVISION FOUR OF THIS SECTION TO ENSURE THAT ITS PROCE-
 DURES, PRACTICES, AND TRAINING EFFECTIVELY ADDRESS  AND  PROHIBIT  BIAS-
 BASED PROFILING.
   4.    EACH LAW ENFORCEMENT AGENCY SHALL, USING A FORM TO BE DETERMINED
 BY THE DIVISION IN CONSULTATION WITH THE ATTORNEY  GENERAL,  RECORD  AND
 RETAIN  THE  FOLLOWING INCIDENT-SPECIFIC INFORMATION WITH RESPECT TO LAW
 ENFORCEMENT OFFICERS EMPLOYED BY SUCH AGENCY:
   (A) THE NUMBER OF PERSONS STOPPED AS A RESULT OF A ROUTINE OR  SPONTA-
 NEOUS LAW ENFORCEMENT ACTIVITY AS DEFINED IN THIS SECTION;
   (B)    WHETHER  THE PERSON STOPPED WAS IN A VEHICLE AT THE TIME OF THE
 STOP;
   (C) THE CHARACTERISTICS OF RACE, COLOR,  ETHNICITY,  NATIONAL  ORIGIN,
 RELIGION,  AGE,  GENDER  IDENTITY OR EXPRESSION, SEXUAL ORIENTATION, AND
 MENTAL OR PHYSICAL DISABILITY OF EACH SUCH PERSON,  PROVIDED  THE  IDEN-
 TIFICATION OF SUCH CHARACTERISTICS SHALL BE BASED ON THE OBSERVATION AND
 PERCEPTION  OF  THE  OFFICER RESPONSIBLE FOR INITIATING THE STOP AND THE
 INFORMATION SHALL NOT BE REQUIRED TO BE PROVIDED BY THE PERSON STOPPED;
   (D) WHETHER THE PERSON STOPPED APPEARED TO HAVE LIMITED OR NO  ENGLISH
 FLUENCY;
   (E) WHETHER THE PERSON STOPPED APPEARED TO BE EXPERIENCING A MENTAL OR
 BEHAVIORAL CRISIS;
   (F)  WHETHER THE OFFICER PERCEIVED THE PERSON STOPPED TO BE EXPERIENC-
 ING HOMELESSNESS;
   (G) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED
 VEHICLE;
   (H) IF A VEHICLE WAS STOPPED, WHETHER THE OFFICER ORDERED  ANY  PERSON
 TO EXIT THE VEHICLE;
   (I) THE REASON THE STOP WAS INITIATED;
 A. 3978--A                          3
 
   (J)  IF  A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A PERSON, A
 PERSON'S PROPERTY AND/OR A PERSON'S  VEHICLE,  WHETHER  THE  SEARCH  WAS
 CONDUCTED  PURSUANT  TO  CONSENT,  THE  BASIS  FOR CONDUCTING THE SEARCH
 INCLUDING ANY ALLEGED CRIMINAL BEHAVIOR THAT JUSTIFIED THE  SEARCH,  AND
 WHAT, IF ANY, CONTRABAND OR EVIDENCE WAS DISCOVERED;
   (K) WHETHER AN INVENTORY SEARCH OF SUCH PERSON'S IMPOUNDED VEHICLE WAS
 CONDUCTED;
   (L) IF A SEARCH WAS CONDUCTED, WHETHER THE OFFICER SEIZED ANY PROPERTY
 AND,  IF  SO,  THE  TYPE  AND AMOUNT OF PROPERTY THAT WAS SEIZED AND THE
 BASIS FOR THE SEIZURE;
   (M) WHETHER A POLICE DOG PERFORMED A SNIFF AND, IF SO, WHETHER THE DOG
 ALERTED TO THE PRESENCE OF CONTRABAND;
   (N) WHETHER THE OFFICER HANDCUFFED OR OTHERWISE PHYSICALLY  RESTRAINED
 ANY PERSON DURING THE STOP;
   (O) WHETHER A WARNING OR CITATION WAS ISSUED AND, IF SO, THE VIOLATION
 OR VIOLATIONS CITED;
   (P) WHETHER AN ARREST WAS MADE AND, IF SO, FOR WHAT CHARGE OR CHARGES;
   (Q) WHETHER THE OFFICER USED PHYSICAL FORCE AGAINST ANY PERSON AND, IF
 SO, THE TYPE OF FORCE USED;
   (R) WHETHER THE OFFICER POINTED A FIREARM OR ELECTRONIC CONTROL WEAPON
 AT ANY PERSON;
   (S) WHETHER THE ENCOUNTER RESULTED IN A VEHICLE OR FOOT PURSUIT;
   (T) THE APPROXIMATE DURATION OF THE STOP;
   (U) THE TIME AND LOCATION OF THE STOP; AND
   (V) THE FOLLOWING INFORMATION ABOUT THE OFFICER INITIATING THE STOP:
   (I) THE TYPE OF ASSIGNMENT TO WHICH THE OFFICER WAS ASSIGNED;
   (II) THE OFFICER'S YEARS OF EXPERIENCE; AND
   (III)  THE  TOTAL  NUMBER  OF ARRESTS THE OFFICER HAS MADE IN THE PAST
 TWELVE MONTHS.
   5. EACH POLITICAL SUBDIVISION COVERED BY THIS SECTION SHALL FURNISH TO
 THE DIVISION, IN A MANNER THAT SHALL BE DEFINED AND  PRESCRIBED  BY  THE
 DIVISION IN CONSULTATION WITH THE ATTORNEY GENERAL, A REPORT WHICH SHALL
 INCLUDE:
   (A)  THE TOTAL AMOUNT SPENT IN THE PRIOR YEAR, EITHER BY THE POLITICAL
 SUBDIVISION OR BY ANY ENTITY ON BEHALF OF SUCH POLITICAL SUBDIVISION, ON
 SETTLEMENTS AND JUDGMENTS INVOLVING AN  ALLEGATION  OF  LAW  ENFORCEMENT
 MISCONDUCT,  INCLUDING  SETTLEMENTS  REACHED BEFORE ANY LAWSUIT HAS BEEN
 FILED, AND THAT SHALL BE BROKEN DOWN BY INDIVIDUAL SETTLEMENT  OR  JUDG-
 MENT, SHALL SPECIFY WHETHER A SETTLEMENT OR JUDGMENT IS BEING DESCRIBED,
 AND SHALL INCLUDE AT A MINIMUM:
   (I) A BRIEF DESCRIPTION OF THE ALLEGATION OR CLAIM;
   (II)  THE  PORTION  OF THE SETTLEMENT OR JUDGMENT PAID DIRECTLY BY THE
 POLITICAL SUBDIVISION;
   (III) THE PORTION, IF ANY, PAID BY INSURANCE, OR  BY  A  CENTRAL  RISK
 MANAGEMENT FUND OR POOL; AND
   (IV)  IF ANY PORTION OF THE SETTLEMENT OR JUDGMENT IS PAID WITH BONDS,
 THE AMOUNT OF SUCH BONDS, AS WELL AS  THE  TOTAL  FUTURE  COST  OF  SUCH
 BONDS, INCLUDING ANY INTEREST AND FEES;
   (B)  THE TOTAL AMOUNT, IF ANY, SPENT ON ANY INSURANCE PREMIUMS PAID BY
 THE POLITICAL SUBDIVISION FOR INSURANCE AGAINST LAW ENFORCEMENT  MISCON-
 DUCT;
   (C)  THE TOTAL AMOUNT, IF ANY, THAT THE POLITICAL SUBDIVISION CONTRIB-
 UTED TO ANY CENTRAL RISK MANAGEMENT FUND OR RISK POOL TOWARD THE SETTLE-
 MENT OF LAW ENFORCEMENT MISCONDUCT CLAIMS; AND
   (D) ANY INJUNCTIVE OR DECLARATORY RELIEF AWARDED,  OR  ANY  COMPARABLE
 TERMS IN ANY SETTLEMENT AGREEMENT.
 A. 3978--A                          4
 
   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 BIAS-BASED 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. ON OR BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AT LEAST  ONCE
 ANNUALLY THEREAFTER, EVERY LAW ENFORCEMENT AGENCY AND POLITICAL SUBDIVI-
 SION   COVERED   BY   THIS   SECTION   SHALL  COMPILE  AND  FURNISH  ALL
 DATA/INFORMATION COLLECTED PURSUANT TO SUBDIVISIONS  FOUR  AND  FIVE  OF
 THIS  SECTION  TO  THE  DIVISION. THE DIVISION, IN CONSULTATION WITH THE
 ATTORNEY GENERAL, 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.  INFORMATION  RELEASED PUBLICLY SHALL NOT REVEAL THE IDENTITY OF
 ANY INDIVIDUAL.  ANY INFORMATION RECEIVED BY THE DIVISION SHALL BE  MADE
 AVAILABLE TO THE ATTORNEY GENERAL UPON REQUEST.
   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 A PATTERN OR PRACTICE OF BIAS-
 BASED 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.  THE ATTORNEY GENERAL MAY INVES-
 TIGATE AND, IF WARRANTED, BRING A CIVIL ACTION FOR EQUITABLE OR DECLARA-
 TORY  RELIEF  AGAINST A LAW ENFORCEMENT AGENCY THAT FAILS TO COMPLY WITH
 THE REMAINING PROVISIONS OF THIS SECTION.
   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 BIAS-BASED 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 BIAS-BASED PROFILING.  THE  COURT
 MAY AWARD COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS
 IN  SUCH AN ACTION.  IN ADDITION, AN INDIVIDUAL MAY BRING A CIVIL ACTION
 FOR EQUITABLE OR DECLARATORY RELIEF AGAINST  A  LAW  ENFORCEMENT  AGENCY
 THAT FAILS TO COMPLY WITH THE REMAINING PROVISIONS OF THIS SECTION.
   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 BIAS-BASED PROFILING MAY  HAVE  PURSUANT  TO  ANY  OTHER
 PROVISION OF LAW.
   12.  EACH  LAW ENFORCEMENT AGENCY AND POLITICAL SUBDIVISION COVERED BY
 THIS SECTION SHALL REPORT ALL INFORMATION REQUIRED BY SUBDIVISIONS  FOUR
 AND FIVE OF THIS SECTION IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
   (A)  EACH LAW ENFORCEMENT AGENCY THAT EMPLOYS ONE THOUSAND OR MORE LAW
 ENFORCEMENT OFFICERS, AND EACH POLITICAL SUBDIVISION THAT  HAS  SUCH  AN
 AGENCY,  SHALL ISSUE THEIR FIRST ANNUAL REPORTS PURSUANT TO SUBDIVISIONS
 FOUR AND FIVE OF THIS SECTION NO LATER THAN FOURTEEN  MONTHS  AFTER  THE
 REGULATIONS PROMULGATED PURSUANT TO THIS SECTION HAVE BEEN FINALIZED;
   (B)  EACH LAW ENFORCEMENT AGENCY THAT EMPLOYS FOUR HUNDRED OR MORE BUT
 LESS THAN ONE THOUSAND LAW  ENFORCEMENT  OFFICERS,  AND  EACH  POLITICAL
 SUBDIVISION  THAT  HAS  SUCH  AN  AGENCY, SHALL ISSUE THEIR FIRST ANNUAL
 A. 3978--A                          5
 
 REPORTS PURSUANT TO SUBDIVISIONS FOUR AND FIVE OF THIS SECTION NO  LATER
 THAN  TWO  YEARS  AFTER  THE  REGULATIONS  PROMULGATED  PURSUANT TO THIS
 SECTION HAVE BEEN FINALIZED;
   (C)  EACH  LAW  ENFORCEMENT AGENCY THAT EMPLOYS FIFTY OR MORE BUT LESS
 THAN FOUR HUNDRED LAW ENFORCEMENT OFFICERS, AND EACH POLITICAL  SUBDIVI-
 SION  THAT  HAS  SUCH  AN AGENCY, SHALL ISSUE THEIR FIRST ANNUAL REPORTS
 PURSUANT TO SUBDIVISIONS FOUR AND FIVE OF THIS  SECTION  NO  LATER  THAN
 THREE  YEARS  AFTER THE REGULATIONS PROMULGATED PURSUANT TO THIS SECTION
 HAVE BEEN FINALIZED; AND
   (D) EACH LAW ENFORCEMENT AGENCY THAT EMPLOYS ONE OR MORE BUT LESS THAN
 FIFTY LAW ENFORCEMENT OFFICERS, AND EACH POLITICAL SUBDIVISION THAT  HAS
 SUCH  AN  AGENCY,  SHALL  ISSUE  THEIR  FIRST ANNUAL REPORTS PURSUANT TO
 SUBDIVISIONS FOUR AND FIVE OF THIS SECTION  NO  LATER  THAN  FOUR  YEARS
 AFTER  THE  REGULATIONS  PROMULGATED  PURSUANT TO THIS SECTION HAVE BEEN
 FINALIZED.
   13. NO LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE  OF
 THIS  SECTION,  THE DIVISION, IN CONSULTATION WITH THE ATTORNEY GENERAL,
 SHALL ADOPT  REGULATIONS  FOR  THE  COLLECTION  AND  REPORTING  OF  DATA
 REQUIRED  UNDER  THIS  SECTION, IN A MANNER PRESCRIBED UNDER SECTION TWO
 HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.  THE  REGULATIONS
 ADOPTED  SHALL  SPECIFY  ALL DATA TO BE REPORTED, AND PROVIDE STANDARDS,
 DEFINITIONS, AND TECHNICAL  SPECIFICATIONS  NOT  INCONSISTENT  WITH  THE
 REQUIREMENTS  OF  THIS  SECTION  TO  ENSURE  UNIFORM REPORTING PRACTICES
 ACROSS ALL REPORTING ENTITIES. TO THE EXTENT  POSSIBLE,  AND  CONSISTENT
 WITH THE REQUIREMENTS OF THIS SECTION, SUCH REGULATIONS SHALL BE COMPAT-
 IBLE WITH ANY SIMILAR FEDERAL DATA COLLECTION OR REPORTING PROGRAMS.
   § 2. This act shall take effect immediately.