S7309-2011 Actions

• May 31, 2012: PRINT NUMBER 7309
• May 31, 2012: PRINT NUMBER 7309A
• May 31, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• May 2, 2012: REFERRED TO FINANCE

S7309-2011 Memo

BILL NUMBER:S7309

TITLE OF BILL:

An act
to amend the executive law, in relation to prohibiting bias-based
profiling by state law enforcement officers

PURPOSE OR GENERAL IDEA OF BILL:

To address concerns of discrimination
derived from police stop-and-frisk tactics.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Legislative Intent - to protect the personal privacy of all
New Yorkers, to shield police officers from false claims of
wrongdoing, and to contribute to the efficiency and effectiveness of
our criminal justice system

Section 2: Proof of consent prior to conduction searches - prior to
conducting a search without a warrant an officer shall articulate
that the person is being asked to voluntarily consent to a search,
create an audio or written and signed record of such consent prior to
the search. Failure to comply shall be considered a factor in
determining the voluntariness of the consent.

Section 3: Report - The police shall submit a quarterly report to the
legislature which shall include the total number of searches broken
down by each precinct and by the race, ethnicity, sex and age of the
person searched.
The report shall also include the total number of declined searches.

Section 4: Separability clause

Section 5: This act shall take effect the 90th day after it shall have
become law.

JUSTIFICATION:

Of the 685,724 New Yorkers that were subjected to stop and frisk last
year, 88% were innocent and the only common theme was that the
majority of those stopped were Black or Latino. The studies have
shown that although the amount of stop-and-frisks have increased, the
amount of arrests remain dismal. There is an invasion of privacy and
a dynamic of mistrust created by stop-and-frisk tactics which in turn
compromises the effectiveness of our police force.

PRIOR LEGISLATIVE HISTORY:

New legislation.

FISCAL IMPLICATIONS:

Unknown.


EFFECTIVE DATE:

This act shall take effect on the 90th day after it
shall have become law.

S7309-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7309
 I N  SENATE
 May 2, 2012
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance
 

AN ACT to amend the executive law, in relation to prohibiting bias-based
 profiling by state law enforcement officers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Declaration of legislative intent and findings. The legis
 lature finds that bias-based policing endangers New  York  state's  long
 tradition of serving as a welcoming place for people of all backgrounds.
 The  legislature  further finds that the people of the state of New York
 are in great debt to the hard work and dedication of police officers  in
 their daily duties. The name and reputation of these officers should not
 be  tarnished  by  the  actions of those who would commit discriminatory
 practices.
 The legislature expresses deep concern about the impact  of  New  York
 state  police  practices  on  various  communities in New York state. In
 particular, the legislature expresses concern about the New  York  state
 police's  growing  reliance  on stop-and-frisk tactics and the impact of
 this practice on communities of color. In doing so, it is  the  legisla
 ture's  intention to protect the personal privacy of all New Yorkers, to
 shield police officers from false claims of wrongdoing, and to  contrib
 ute to the efficiency and effectiveness of our criminal justice system.
 

S  2.  The  executive  law is amended by adding a new section 224-a to
 read as follows:

 

S 224-A. PROOF OF CONSENT PRIOR TO CONDUCTING SEARCHES.  1.  PRIOR  TO
 CONDUCTING  A  SEARCH  OF  A  PERSON, OR OF A PERSON'S VEHICLE, HOME, OR
 BELONGINGS THAT IS NOT PURSUANT TO A WARRANT, INCIDENT TO AN ARREST,  OR
 SUPPORTED BY PROBABLE CAUSE, LAW ENFORCEMENT OFFICERS SHALL:

 A. ARTICULATE, IN A LANGUAGE AND MANNER UNDERSTOOD BY THE PERSON, THAT
 THE PERSON IS BEING ASKED TO VOLUNTARILY CONSENT TO A SEARCH AND THAT HE
 OR SHE HAS THE RIGHT TO REFUSE CONSENT;
 B.  CREATE  AN  AUDIO  OR  WRITTEN  AND  SIGNED RECORD OF THE PERSON'S
 CONSENT, WHICH SHALL INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15615-01-2
 
       S. 7309                             2
 (I) A STATEMENT THAT THE PERSON UNDERSTANDS THAT HE OR SHE MAY  REFUSE
 CONSENT;
 (II)  A  STATEMENT THAT THE PERSON IS FREELY AND VOLUNTARILY PROVIDING
 CONSENT;
 (III) A STATEMENT THAT THE PERSON UNDERSTANDS THAT HE OR SHE MAY WITH
 DRAW THE CONSENT AT ANY TIME DURING THE SEARCH;
 (IV) THE TIME AND DATE OF THE SEARCH;
 (V) THE NAME OR NAMES AND BADGE NUMBER OR NUMBERS OF ALL LAW  ENFORCE
 MENT OFFICERS INVOLVED IN THE SEARCH; AND
 (VI)  THE  MAKE AND REGISTRATION NUMBER OF THE VEHICLE TO BE SEARCHED,
 IF APPLICABLE.
 2. AFTER PROVIDING THE ADVISEMENT AND CREATING THE RECORD  OF  CONSENT
 TO SEARCH, A LAW ENFORCEMENT OFFICER MAY CONDUCT THE SEARCH.
 3.  A  COPY  OF THE CONSENT RECORD SHALL BE PROVIDED TO THE PERSON WHO
 CONSENTED TO THE SEARCH.
 4. IF DURING LEGAL PROCEEDINGS A DEFENDANT MOVES TO SUPPRESS  EVIDENCE
 OBTAINED  IN  THE  COURSE  OF  THE  SEARCH,  FAILURE  TO COMPLY WITH THE
 REQUIREMENTS OF THIS SECTION SHALL BE CONSIDERED A FACTOR IN DETERMINING
 THE VOLUNTARINESS OF THE CONSENT.
 

S 3. The executive law is amended by adding a  new  section  224-b  to
 read as follows:

 

S 224-B. REPORT.  THE NEW YORK STATE POLICE SHALL SUBMIT TO THE LEGIS
 LATURE  ON A QUARTERLY BASIS A REPORT BASED ON THE RECORDS CREATED UNDER
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS  ARTICLE.  SUCH  REPORT  SHALL
 INCLUDE  THE  TOTAL  NUMBER  OF  SEARCHES  CONDUCTED UNDER SUCH SECTION,
 BROKEN DOWN BY EACH PATROL PRECINCT AND BY THE RACE, ETHNICITY, SEX, AND
 AGE OF THE PERSON SEARCHED. SUCH A REPORT SHALL ALSO INCLUDE  THE  TOTAL
 NUMBER OF SEARCHES DECLINED BY INDIVIDUALS UNDER THIS SECTION.
 

S  4.  Separability.    If any clause, sentence, paragraph, section or
 part of this article shall be adjudged by any court of competent  juris
 diction to be invalid, such judgment shall not affect, impair or invali
 date  the  remainder  thereof, but shall be confined in its operation to
 the clause,  sentence,  paragraph,  section  or  part  thereof  directly
 involved  in  the  controversy  in  which  such judgment shall have been
 rendered.
 

S 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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