NY State Senate Bill 2025-S1350

Current 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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Jan 09, 2025	referred to codes

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2025-S1350 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-y, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6555
2019-2020: S1137
2021-2022: S583, S8121
2023-2024: S5093

2025-S1350 (ACTIVE) - Summary

Prohibits police officers from using bias-based profiling; requires that a procedure be established for the taking and review of complaints against police officers for bias-based 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.

2025-S1350 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1350

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the executive law, in relation to bias-based profiling

 
PURPOSE OR GENERAL IDEA OF BILL:

The proposed legislation prohibits law enforcement officers from using
racial, ethnic, or other bias-based profiling; establishes a collection
of data on stops; and creates a course of action based on bias-based
profiling.

 
SUMMARY OF PROVISIONS:

  Section  1  would  amend  the  executive law by creating a new section
837-y; Subdivision one would contain definitions. Subdivision two  would
prohibit  law  enforcement  agencies  and  law enforcement officers from
engaging in racial or ethnic profiling. Subdivision three would  require
every law enforcement agency to promulgate and adopt an anti-bias-based-
profiling policy as well as procedures for reviewing complaints of bias-

based  profiling.  A copy of each complaint and a written summary of the
disposition would be required to be forwarded to the division of  crimi-
nal justice services.

Subdivision  four  would  require each law enforcement agency to collect
and maintain data with respect to their reportable  encounters  Subdivi-
sion five would require every law enforcement agency to compile the data
collected  and  forward  an  annual  report  to the division of criminal
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  agen-
cies  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.

Subdivisions  eight and nine would provide a right of action for injunc-
tive 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 individual who has been the subject of racial
profiling may have.   Subdivision ten states  nothing  in  this  section
shall diminish or abrogate any right, remedy, or cause of action. Subdi-
vision eleven establishes the reporting requirements. Subdivision twelve
establishes  that  no  later  than  180 days from the effective date the
subdivi- sion shall adopt regulations for collecting and  reporting  the
data.

Subdivision  thirteen  establishes  that  any local legislative body may
adopt additional duties and  requirements.  Section  2  -  contains  the
effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Changed the term "racial or ethnic profiling" to "bias-based profiling",
to more fully encompass and prevent class-based profiling.
 
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.  This  bill expands the traditional definition of
racial and ethnic profiling to extend the same protections against bias-
based profiling to members of other minority communities that are  faced
with bias-based profiling based on attributes other than race or ethnic-
ity.  The  issue  of  racial  profiling has gained national attention as
courts have recently found law enforcement agencies to  be  engaging  in
unconstitutional  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
Department'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, at 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 200 3. The Daniel s 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  para-
mount  for  New  York to address the issue of racial profiling before it
further continues to undermine the  collaborative  relationship  between
communities  of color and New York law enforcement officers. This legis-
lation aims to resolve the problem by prohibiting police  officers  from
using  racial  and  ethnic profiling, b establishing policies and proce-
dures to collect data on racial and ethnic profiling and by establishing
a statewide public data base containing the collected  data  which  will
promote  law  enforcement  integrity  as  well  as  to promote community
support, particularly minority communities, for  law  enforcement  offi-
cers.

 
PRIOR LEGISLATIVE HISTORY:

Previously Introduced.
 
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.

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S1350 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1350
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced  by  Sens.  CLEARE, BAILEY -- 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 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.
   (D)  "REPORTABLE  ENCOUNTER"  MEANS  THE FOLLOWING ACTIVITIES BY A LAW
 ENFORCEMENT OFFICER:
   (I) THE STOP OF A VEHICLE THAT, BASED ON A  TOTALITY  OF  THE  CIRCUM-
 STANCES,  WOULD  MAKE A REASONABLE PERSON FEEL THAT THEY ARE NOT FREE TO
 LEAVE OR OTHERWISE TERMINATE THE ENCOUNTER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04037-01-5
 S. 1350                             2

   (II) THE STOP OF A PEDESTRIAN THAT, BASED ON A TOTALITY OF THE CIRCUM-
 STANCES, WOULD MAKE A REASONABLE PERSON FEEL THAT THEY ARE NOT  FREE  TO
 LEAVE OR OTHERWISE TERMINATE THE ENCOUNTER;
   (III) FRISKS AND OTHER TYPES OF BODY SEARCHES; AND
   (IV)  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.  AS SET FORTH IN SUBDIVISION ELEVEN 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 PROCEDURES, 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 FOR  EACH  REPORTABLE
 ENCOUNTER  WITH  RESPECT  TO  LAW  ENFORCEMENT OFFICERS EMPLOYED BY SUCH
 AGENCY:
   (A) THE NUMBER OF PERSONS STOPPED;
   (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;
   (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
 S. 1350                             3
 
 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 DATE, 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.
   6.    THE  DIVISION,  IN CONSULTATION WITH THE ATTORNEY GENERAL, SHALL
 DEVELOP AND PROMULGATE:
 S. 1350                             4

   (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. 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.
   9.  IN  ADDITION  TO A CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVISION
 EIGHT 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.
   10. 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.
   11. EACH LAW ENFORCEMENT AGENCY AND POLITICAL SUBDIVISION  COVERED  BY
 THIS SECTION SHALL ANNUALLY COMPILE AND FURNISH ALL DATA AND INFORMATION
 COLLECTED  PURSUANT  TO  SUBDIVISIONS FOUR AND FIVE OF THIS SECTION IN A
 REPORT 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.  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
 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;
 S. 1350                             5
 
   (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.
   12. 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.
   13.  ANY  LOCAL  LEGISLATIVE  BODY  MAY ADOPT LOCAL LAWS THROUGH LOCAL
 ORDER, AND ANY LAW ENFORCEMENT AGENCY  MAY  PRESCRIBE  RULES  AND  REGU-
 LATIONS,  THAT  IMPOSE  ADDITIONAL  DUTIES  AND  REQUIREMENTS  UPON  LAW
 ENFORCEMENT AGENCIES OR LAW ENFORCEMENT OFFICERS  PROVIDED  SUCH  DUTIES
 AND REQUIREMENTS ARE CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.

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Senate Bill S1350

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2025-S1350 (ACTIVE) - Details

2025-S1350 (ACTIVE) - Summary

2025-S1350 (ACTIVE) - Sponsor Memo

2025-S1350 (ACTIVE) - Bill Text download pdf

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Senate Bill S1350

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Jamaal T. Bailey

2025-S1350 (ACTIVE) - Details

2025-S1350 (ACTIVE) - Summary

2025-S1350 (ACTIVE) - Sponsor Memo

2025-S1350 (ACTIVE) - Bill Text download pdf

Comments