Bill Text: NY A05364 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to prohibiting bias-based profiling by state and local law enforcement officers.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A05364 Detail]

Download: New_York-2015-A05364-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5364
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2015
                                      ___________
       Introduced by M. of A. MOSLEY -- read once and referred to the Committee
         on Governmental Operations
       AN ACT to amend the executive law, in relation to prohibiting bias-based
         profiling by state and local law enforcement officers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Declaration of legislative intent and findings. The  legis-
    2  lature  finds  that  bias-based policing endangers New York state's long
    3  tradition of serving as a welcoming place for people of all backgrounds.
    4  The legislature further finds that the people of the state of  New  York
    5  are  in great debt to the hard work and dedication of police officers in
    6  their daily duties. The name and reputation of these officers should not
    7  be tarnished by the actions of those  who  would  commit  discriminatory
    8  practices.
    9    The  legislature  expresses  deep concern about the impact of racially
   10  discriminatory practices  by  certain  law  enforcement  agencies.    In
   11  particular,  the  legislature expresses concern about the New York state
   12  police's growing reliance on stop-and-frisk tactics and  the  impact  of
   13  this  practice  on communities of color. In doing so, it is the legisla-
   14  ture's intention to protect the personal privacy of all New Yorkers,  to
   15  shield  police officers from false claims of wrongdoing, and to contrib-
   16  ute to the efficiency and effectiveness of our criminal justice system.
   17    S 2.  The executive law is amended by adding a  new  article  13-B  to
   18  read as follows:
   19                                ARTICLE 13-B
   20                    CONSENT PRIOR TO CONDUCTING SEARCHES
   21  SECTION 268. PROOF OF CONSENT PRIOR TO CONDUCTING SEARCHES.
   22          269. REPORT.
   23    S  268.  PROOF  OF  CONSENT  PRIOR TO CONDUCTING SEARCHES. 1. PRIOR TO
   24  CONDUCTING A SEARCH OF A PERSON, OR OF  A  PERSON'S  VEHICLE,  HOME,  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06685-01-5
       A. 5364                             2
    1  BELONGINGS  THAT IS NOT PURSUANT TO A WARRANT, INCIDENT TO AN ARREST, OR
    2  SUPPORTED BY PROBABLE CAUSE, LAW ENFORCEMENT OFFICERS SHALL:
    3    A. ARTICULATE, IN A LANGUAGE AND MANNER UNDERSTOOD BY THE PERSON, THAT
    4  THE PERSON IS BEING ASKED TO VOLUNTARILY CONSENT TO A SEARCH AND THAT HE
    5  OR SHE HAS THE RIGHT TO REFUSE CONSENT;
    6    B.  CREATE  AN  AUDIO  OR  WRITTEN  AND  SIGNED RECORD OF THE PERSON'S
    7  CONSENT, WHICH SHALL INCLUDE:
    8    (I) A STATEMENT THAT THE PERSON UNDERSTANDS THAT HE OR SHE MAY  REFUSE
    9  CONSENT;
   10    (II)  A  STATEMENT THAT THE PERSON IS FREELY AND VOLUNTARILY PROVIDING
   11  CONSENT;
   12    (III) A STATEMENT THAT THE PERSON UNDERSTANDS THAT HE OR SHE MAY WITH-
   13  DRAW THE CONSENT AT ANY TIME DURING THE SEARCH;
   14    (IV) THE TIME AND DATE OF THE SEARCH;
   15    (V) THE NAME OR NAMES AND BADGE NUMBER OR NUMBERS OF ALL LAW  ENFORCE-
   16  MENT OFFICERS INVOLVED IN THE SEARCH; AND
   17    (VI)  THE  MAKE AND REGISTRATION NUMBER OF THE VEHICLE TO BE SEARCHED,
   18  IF APPLICABLE.
   19    2. AFTER PROVIDING THE ADVISEMENT AND CREATING THE RECORD  OF  CONSENT
   20  TO SEARCH, A LAW ENFORCEMENT OFFICER MAY CONDUCT THE SEARCH.
   21    3.  A  COPY  OF THE CONSENT RECORD SHALL BE PROVIDED TO THE PERSON WHO
   22  CONSENTED TO THE SEARCH.
   23    4. IF DURING LEGAL PROCEEDINGS A DEFENDANT MOVES TO SUPPRESS  EVIDENCE
   24  OBTAINED  IN  THE  COURSE  OF  THE  SEARCH,  FAILURE  TO COMPLY WITH THE
   25  REQUIREMENTS OF THIS SECTION SHALL BE CONSIDERED A FACTOR IN DETERMINING
   26  THE VOLUNTARINESS OF THE CONSENT.
   27    S 269. REPORT.  THE NEW YORK STATE POLICE AND EACH LOCAL LAW  ENFORCE-
   28  MENT  AGENCY SHALL SUBMIT TO THE LEGISLATURE ON AN ANNUAL BASIS A REPORT
   29  BASED ON THE RECORDS CREATED UNDER SECTION TWO  HUNDRED  SIXTY-EIGHT  OF
   30  THIS  ARTICLE.  SUCH  REPORT  SHALL INCLUDE THE TOTAL NUMBER OF SEARCHES
   31  CONDUCTED UNDER SUCH SECTION, BROKEN DOWN  BY  EACH  PRECINCT  OR  TROOP
   32  DIVISION  AND  BY  THE  RACE,  ETHNICITY,  SEX,  AND  AGE  OF THE PERSON
   33  SEARCHED. SUCH A REPORT SHALL ALSO INCLUDE THE TOTAL NUMBER OF  SEARCHES
   34  DECLINED BY INDIVIDUALS UNDER THIS SECTION.
   35    S  3.  Separability.    If any clause, sentence, paragraph, section or
   36  part of this article shall be adjudged by any court of competent  juris-
   37  diction to be invalid, such judgment shall not affect, impair or invali-
   38  date  the  remainder  thereof, but shall be confined in its operation to
   39  the clause,  sentence,  paragraph,  section  or  part  thereof  directly
   40  involved  in  the  controversy  in  which  such judgment shall have been
   41  rendered.
   42    S 4. This act shall take effect on the ninetieth day  after  it  shall
   43  have become a law.