S T A T E O F N E W Y O R K
________________________________________________________________________
1833--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. PARKER, BRESLIN, CARLUCCI, DIAZ, DILAN,
HASSELL-THOMPSON, KRUEGER, MONTGOMERY, PERKINS, RIVERA, SAMPSON,
SERRANO -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance -- recommitted to the Committee
on Finance in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, in relation to traffic stops
conducted by law enforcement officers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 837-s
2 to read as follows:
3 S 837-S. PROHIBITION OF RACIAL PROFILING IN TRAFFIC STOPS. 1. FOR THE
4 PURPOSES OF THIS SECTION, "RACIAL PROFILING" MEANS THE DETENTION, INTER-
5 DICTION OR OTHER DISPARATE TREATMENT OF AN INDIVIDUAL SOLELY ON THE
6 BASIS OF THE RACIAL OR ETHNIC STATUS OF SUCH INDIVIDUAL.
7 2. NO MEMBER OF THE DIVISION OF STATE POLICE, A SHERIFF'S OFFICE, A
8 MUNICIPAL POLICE DEPARTMENT OR ANY OTHER LAW ENFORCEMENT AGENCY SHALL
9 ENGAGE IN RACIAL PROFILING. THE DETENTION OF AN INDIVIDUAL BASED ON ANY
10 NONCRIMINAL FACTOR OR COMBINATION OF NONCRIMINAL FACTORS IS INCONSISTENT
11 WITH THIS POLICY.
12 3. THE RACE OR ETHNICITY OF AN INDIVIDUAL SHALL NOT BE THE SOLE FACTOR
13 IN DETERMINING THE EXISTENCE OF PROBABLE CAUSE TO PLACE IN CUSTODY OR
14 ARREST AN INDIVIDUAL OR IN CONSTITUTING A REASONABLE AND ARTICULABLE
15 SUSPICION THAT AN OFFENSE HAS BEEN OR IS BEING COMMITTED SO AS TO JUSTI-
16 FY THE DETENTION OF AN INDIVIDUAL OR THE INVESTIGATORY STOP OF A MOTOR
17 VEHICLE.
18 4. (A) NOT LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN, EACH MUNIC-
19 IPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00047-02-4
S. 1833--A 2
1 POLICE SHALL ADOPT A WRITTEN POLICY THAT PROHIBITS THE STOPPING,
2 DETENTION OR SEARCH OF ANY PERSON WHEN SUCH ACTION IS SOLELY MOTIVATED
3 BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, AGE, GENDER OR SEXUAL
4 ORIENTATION, AND THE ACTION WOULD CONSTITUTE A VIOLATION OF THE CIVIL
5 RIGHTS OF THE PERSON.
6 (B) COMMENCING ON JANUARY FIRST, TWO THOUSAND SIXTEEN, EACH MUNICIPAL
7 POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE POLICE
8 SHALL, USING THE FORM DEVELOPED AND PROMULGATED PURSUANT TO SUBDIVISION
9 FIVE OF THIS SECTION, RECORD AND RETAIN THE FOLLOWING INFORMATION: (I)
10 THE NUMBER OF PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II) CHARACTER-
11 ISTICS OF RACE, COLOR, ETHNICITY, GENDER AND AGE OF SUCH PERSONS,
12 PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS SHALL BE BASED ON
13 THE OBSERVATION AND PERCEPTION OF THE POLICE OFFICER RESPONSIBLE FOR
14 REPORTING THE STOP AND THE INFORMATION SHALL NOT BE REQUIRED TO BE
15 PROVIDED BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED TRAFFIC
16 VIOLATION THAT RESULTED IN THE STOP; (IV) WHETHER A WARNING OR CITATION
17 WAS ISSUED, AN ARREST MADE OR A SEARCH CONDUCTED AS A RESULT OF THE
18 STOP; AND (V) ANY ADDITIONAL INFORMATION THAT SUCH MUNICIPAL POLICE
19 DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVISION OF STATE POLICE, AS THE
20 CASE MAY BE, DEEMS APPROPRIATE.
21 (C) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVI-
22 SION OF STATE POLICE SHALL PROVIDE TO THE DIVISION OF CRIMINAL JUSTICE
23 SERVICES (I) A COPY OF EACH COMPLAINT RECEIVED PURSUANT TO THIS SECTION,
24 AND (II) WRITTEN NOTIFICATION OF THE REVIEW AND DISPOSITION OF SUCH
25 COMPLAINT.
26 (D) ANY POLICE OFFICER WHO IN GOOD FAITH RECORDS TRAFFIC STOP INFORMA-
27 TION PURSUANT TO THE REQUIREMENTS OF THIS SECTION SHALL NOT BE HELD
28 CIVILLY LIABLE FOR THE ACT OF RECORDING SUCH INFORMATION UNLESS THE
29 OFFICER'S CONDUCT WAS UNREASONABLE OR RECKLESS.
30 (E) IF A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVI-
31 SION OF STATE POLICE FAILS TO COMPLY WITH THE PROVISIONS OF THIS
32 SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER AN APPRO-
33 PRIATE PENALTY IN THE FORM OF THE WITHHOLDING OF STATE FUNDS FROM SUCH
34 MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE OR THE DIVISION OF STATE
35 POLICE.
36 (F) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND FIFTEEN, AND ANNUALLY
37 THEREAFTER, EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE AND THE
38 DIVISION OF STATE POLICE SHALL PROVIDE TO THE DIVISION OF CRIMINAL
39 JUSTICE SERVICES, IN SUCH FORM AS THE DIVISION OF CRIMINAL JUSTICE
40 SERVICES SHALL PRESCRIBE, A SUMMARY REPORT OF THE INFORMATION RECORDED
41 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
42 (G) THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE FOR A
43 REVIEW OF THE PREVALENCE AND DISPOSITION OF TRAFFIC STOPS AND COMPLAINTS
44 REPORTED PURSUANT TO THIS SECTION. NOT LATER THAN JANUARY FIRST, TWO
45 THOUSAND SEVENTEEN, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
46 REPORT TO THE GOVERNOR AND THE SENATE AND THE ASSEMBLY THE RESULTS OF
47 SUCH REVIEW, INCLUDING ANY RECOMMENDATIONS.
48 5. NOT LATER THAN JANUARY FIRST, TWO THOUSAND SIXTEEN, THE DIVISION OF
49 CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND PROMULGATE:
50 (A) A FORM, IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY
51 POLICE OFFICERS WHEN MAKING A TRAFFIC STOP TO RECORD PERSONAL IDENTIFY-
52 ING INFORMATION ABOUT THE OPERATOR OF THE MOTOR VEHICLE THAT IS STOPPED,
53 THE LOCATION OF THE STOP, THE REASON FOR THE STOP AND OTHER INFORMATION
54 THAT IS REQUIRED TO BE RECORDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
55 FOUR OF THIS SECTION; AND
S. 1833--A 3
1 (B) A FORM, IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED TO
2 REPORT COMPLAINTS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION BY
3 PERSONS WHO BELIEVE THEY HAVE BEEN SUBJECTED TO A MOTOR VEHICLE STOP BY
4 A POLICE OFFICER SOLELY ON THE BASIS OF THEIR RACE, COLOR, ETHNICITY,
5 AGE, GENDER OR SEXUAL ORIENTATION.
6 S 2. This act shall take effect immediately.