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STATE OF NEW YORK
________________________________________________________________________

9974

IN ASSEMBLY

April 27, 2012
___________

Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the executive law, in relation to motorcycle 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 839-a
to read as follows:
  S 839-A. MOTORCYCLE PROFILING. 1. THE MUNICIPAL POLICE TRAINING  COUN-
CIL  SHALL  ENSURE  THAT  ISSUES  RELATED  TO  MOTORCYCLE  PROFILING ARE
ADDRESSED IN BASIC LAW ENFORCEMENT TRAINING AND  OFFERED  TO  IN-SERVICE
LAW ENFORCEMENT OFFICERS IN CONJUNCTION WITH EXISTING TRAINING REGARDING
PROFILING.
  2.  LOCAL  LAW  ENFORCEMENT  AGENCIES SHALL ADD A STATEMENT CONDEMNING
MOTORCYCLE PROFILING TO EXISTING POLICIES REGARDING PROFILING.
  3. FOR THE PURPOSES OF THIS SECTION, "MOTORCYCLE PROFILING" MEANS  THE
ILLEGAL USE OF THE FACT THAT A PERSON RIDES A MOTORCYCLE OR WEARS MOTOR-
CYCLE-RELATED  PARAPHERNALIA  AS  A FACTOR IN DECIDING TO STOP AND QUES-
TION, TAKE ENFORCEMENT ACTION, ARREST, OR SEARCH  A  PERSON  OR  VEHICLE
WITH  OR  WITHOUT  A LEGAL BASIS UNDER THE UNITED STATES CONSTITUTION OR
NEW YORK STATE CONSTITUTION.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become  a  law;  provided, however that effective immediately, the
addition, amendment and/or repeal of any rules or regulations  necessary
for  the  implementation  of the foregoing provisions of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15458-01-2