Bill S1981-2013

Establishes the office of law enforcement professional standards

Establishes the office of law enforcement professional standards within the division of criminal justice services; requires the commissioner of criminal justice services to appoint a director of such office; outlines the duties and functions of such office; establishes policies and procedures to prohibit traffic stops that result in the stopping, detention or search of any person when such action is solely motivated by considerations of race, color, ethnicity, national origin, age, gender or sexual orientation and the action would constitute a violation of the civil rights of the person.

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  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

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BILL NUMBER:S1981

TITLE OF BILL: An act to amend the executive law, in relation to establishing the office of law enforcement professional standards

PURPOSE: The purpose of this bill is to create an office of law enforcement professional standards in Division of Criminal Justice Services. The office would promulgate policies to prohibit racial profiling practices.

SUMMARY OF PROVISIONS: This bill creates the office of law enforcement professionals standards within the Division of Criminal Justice Services. The Office must create a written policy to be adopted by local police departments which would prohibit the stopping, detention or search of any person when the action is solely motivated by race, color, ethnicity, national origin, age, gender or sexual orientation and the action would violate the persons civil rights. The office must also create a written form that will be used to retain information about persons stopped for traffic violations. These forms will be analyzed by the Office. The Office will also be responsible for approving curricula for training law enforcement on cultural awareness. They must also prepare an annual report that includes aggregate statistics on state and local law enforcement activities and procedures and aggregate data on race, color, ethnicity, gender and age of such persons involved in traffic stops.

JUSTIFICATION: As a result of racial profiling, minority drivers are more likely to be stopped, questioned by police officers and subjected to unreasonable searches.

Because of the prevalent practice of the use of racial profiling for traffic stops many States have come to adopt racial profiling laws. New Jersey, in 2009, signed into law a racial profiling bill which created an office under the Attorney General to continue examining motor vehicle stops. This New Jersey law was a result of a complaint filed in Federal Court against the State of New Jersey for its prevalent practice of racial profiling.

New York must join these other states which have adopted laws to prohibit the use of racial profiling. New York with its diverse population must adopt policies to ensure that minorities group's civil rights are not being violated.

LEGISLATIVE HISTORY: 2011-12 - S.6187 - Referred to Finance

FISCAL IMPLICATIONS: Needs to be determined.

EFFECTIVE DATE: Takes effect on the first of April next succeeding the date on which it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1981 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. CARLUCCI -- 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 establishing the office of law enforcement professional standards 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-aa to read as follows: S 837-AA. OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE OF LAW ENFORCE- MENT PROFESSIONAL STANDARDS. (B) "OFFICE" SHALL MEAN THE OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS. 2. CREATION OF THE OFFICE. (A) THERE IS HEREBY CREATED IN THE DIVISION OF CRIMINAL JUSTICE SERVICES AN OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS WHICH SHALL PERFORM SUCH ADMINISTRATIVE, INVESTIGATIVE, POLICY AND TRAINING OVERSIGHT, AND MONITORING FUNCTIONS, AS THE COMMISSIONER SHALL DIRECT, TO ASSURE AND MAINTAIN THE INTEGRITY OF LAW ENFORCEMENT ACTIVITIES AND TO PROVIDE ASSISTANCE TO LAW ENFORCEMENT ENTITIES STATE- WIDE, INCLUDING BUT NOT LIMITED TO, ESTABLISHING POLICIES AND PROCEDURES TO PROHIBIT TRAFFIC STOPS THAT RESULT IN THE STOPPING, DETENTION OR SEARCH OF ANY PERSON WHEN SUCH ACTION IS SOLELY MOTIVATED BY CONSIDER- ATIONS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON. (B) THE OFFICE SHALL TAKE APPROPRIATE STEPS TO PROMOTE AND ENSURE COMPLIANCE WITH THE GENERAL POLICY THAT PROHIBITS RACIAL PROFILING IN SELECTING VEHICLES FOR TRAFFIC STOPS, OR IN DECIDING UPON THE SCOPE AND SUBSTANCE OF POST-STOP ACTIONS.
(C) THE COMMISSIONER SHALL APPOINT A DIRECTOR OF THE OFFICE OF LAW ENFORCEMENT PROFESSIONAL STANDARDS. SUCH PERSON SHALL HAVE EDUCATION, EXPERIENCE OR PROFESSIONAL BACKGROUND IN THE FIELDS OF LAW, INVESTI- GATION, CRIMINAL PRACTICE AND ADMINISTRATION. (D) THE DIRECTOR, MAY WITH THE APPROVAL OF THE COMMISSIONER, ORGANIZE THE WORK OF THE OFFICE INTO SUCH BUREAUS AND OTHER ORGANIZATIONAL UNITS AS MAY BE NECESSARY. THE COMMISSIONER MAY ASSIGN TO THE OFFICE SUCH EMPLOYEES OF THE DIVISION AS MAY BE NECESSARY. (E) ALL LAW ENFORCEMENT AGENCIES OPERATING UNDER THE AUTHORITY OF THE LAW OF THE STATE OF NEW YORK SHALL COOPERATE AND AID THE OFFICE IN THE PERFORMANCE OF ITS DUTIES. 3. DUTIES AND FUNCTIONS OF THE OFFICE. (A) (1) THE OFFICE SHALL PROMULGATE A WRITTEN POLICY FOR TRAFFIC STOPS THAT SHALL BE ADOPTED BY EVERY LOCAL AND STATE POLICE DEPARTMENT THAT PROHIBITS IN REGARD TO TRAFFIC STOPS, THE STOPPING, DETENTION OR SEARCH OF ANY PERSON WHEN SUCH ACTION IS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON. (2) THE OFFICE SHALL DEVELOP A WRITTEN FORM THAT EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE POLICE SHALL USE, TO RECORD AND RETAIN THE FOLLOWING INFORMATION: (I) THE NUMBER OF PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II) CHARACTERISTICS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION AND AGE OF SUCH PERSONS, PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS SHALL BE BASED ON THE OBSERVATION AND PERCEPTION OF THE POLICE OFFICER RESPON- SIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT BE REQUIRED TO BE PROVIDED BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED TRAFFIC VIOLATION THAT RESULTED IN THE STOP; (IV) WHETHER A WARNING OR CITATION WAS ISSUED, AN ARREST MADE OR A SEARCH CONDUCTED AS A RESULT OF THE STOP; AND (V) ANY ADDITIONAL INFORMATION THAT SUCH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVISION OF STATE POLICE, AS THE CASE MAY BE, DEEMS APPROPRIATE. (3) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVI- SION OF STATE POLICE SHALL PROVIDE TO THE OFFICE: (I) A COPY OF EACH COMPLAINT RECEIVED PURSUANT TO THIS SECTION; AND (II) WRITTEN NOTIFICA- TION OF THE REVIEW AND DISPOSITION OF SUCH COMPLAINT. (B) (1) THE OFFICE SHALL SET UP A PROCEDURE TO RECEIVE, REVIEW, AND INVESTIGATE COMPLAINTS BY CITIZENS THAT STATE AND LOCAL LAW ENFORCEMENT ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR THE CITIZEN WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH ACTION WAS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD CONSTI- TUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON. (2) (A) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL NOTIFY THE OFFICE OF ALL COMPLAINTS RECEIVED FROM CITIZENS THAT STATE AND LOCAL LAW ENFORCEMENT ENGAGED IN A STOP, DETENTION OR SEARCH OF SUCH PERSON, OR THE CITIZEN WAS A WITNESS TO SUCH STOP, DETENTION OR SEARCH, WHEN SUCH ACTION WAS SOLELY MOTIVATED BY CONSIDERATIONS OF RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, AGE, GENDER OR SEXUAL ORIENTATION, AND THE ACTION WOULD CONSTITUTE A VIOLATION OF THE CIVIL RIGHTS OF THE PERSON TO THE OFFICE. (B) STATE AND LOCAL LAW ENFORCEMENT AGENCIES SHALL INFORM THE OFFICE OF THE OUTCOME OF SUCH COMPLAINTS UPON COMPLETION OF INVESTIGATION. (3) AFTER THE OFFICE COMPLETES ITS INVESTIGATION OF SUCH COMPLAINTS OR WHEN THE OFFICE FINDS ANY INDICATION OF WRONGDOING THE COMPLAINT SHALL BE REFERRED TO THE STATE AND LOCAL LAW ENFORCEMENT INTERNAL AFFAIRS BUREAU AND ANY OTHER ACTIONS DEEMED APPROPRIATE BY THE DIRECTOR.
(C) THE OFFICE SHALL BE AUTHORIZED TO CONDUCT OPERATIONAL AUDITS AND INDEPENDENT ANALYSES OF DATA, INCLUDING SUCH DATA AS COLLECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND OTHER DATA AS NECESSARY AND APPROPRIATE, TO IDENTIFY ANY POTENTIAL DISPARITY IN ENFORCEMENT AND SYSTEMIC PROBLEMS THAT MAY EXIST THAT AFFECT MOTOR VEHICLE STOPS AND POST-STOP ENFORCEMENT ACTIONS, TRAINING PROVIDED TO LAW ENFORCEMENT OFFICIALS, INVESTIGATIONS OF ALLEGED MISCONDUCT, ANY OTHER MATTERS THAT MAY AFFECT THE INTEGRITY OF NEW YORK STATE AND LOCAL LAW ENFORCEMENT AGENCIES AND DEPARTMENTS AND SHALL MAKE RECOMMENDATIONS FOR APPROPRIATE ACTIONS. (D) THE OFFICE SHALL HAVE TIMELY ACCESS TO ALL DATA AND OTHER RECORDS MAINTAINED BY THE STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT ARE DEEMED NECESSARY BY THE DIRECTOR TO CONDUCT INDEPENDENT ANALYSES AND TO PERFORM THE FUNCTIONS AUTHORIZED BY THIS SECTION. NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE THE DISCLOSURE OF RECORDS OR DATA IN VIOLATION OF ANY CONSTITUTIONAL OR STATUTORY PRIVACY PROTECTIONS OR ANY COLLECTIVE BARGAINING RIGHTS. 4. AUTHORITY OF THE OFFICE. THE OFFICE SHALL HAVE THE SPECIFIC AUTHOR- ITY TO PERFORM THE FOLLOWING FUNCTIONS: (A) REVIEW THE PROCEDURES AND IMPLEMENTATION RELATED TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES CONCERNING MOTOR VEHICLE STOPS AND POST- STOP ENFORCEMENT ACTIONS, SUPERVISION OF PATROL ACTIVITIES, TRAINING PROVIDED TO LAW ENFORCEMENT MEMBERS ASSIGNED TO PATROL DUTIES AND THE CONDUCT OF INVESTIGATIONS OF ALLEGED MISCONDUCT AND OTHER INTERNAL AFFAIRS; (B) MONITOR, REVIEW AND EVALUATE THE QUALITY AND TIMELINESS OF THE STATE AND LOCAL LAW ENFORCEMENT AGENCIES' CONDUCT OF INVESTIGATION OF ALLEGED MISCONDUCT, DISCIPLINARY ACTIONS AND INTERVENTIONS, SUPERVISORY ACTIONS, REPORTS, MOTOR VEHICLE STOP REPORTS AND LOGS AND SUPERVISORY REVIEWS RELATING TO RACIAL PROFILING; (C) APPROVE THE CURRICULA, PRESCRIBE TRAINER QUALIFICATIONS, AND REVIEW AND DEVELOP TRAINING OF STATE AND LOCAL LAW ENFORCEMENT MEMBERS ON CULTURAL AWARENESS, LAW ENFORCEMENT ETHICS AND LEADERSHIP, CONSTITU- TIONAL LAW PERTAINING TO ARREST, SEARCH AND SEIZURE, EQUAL PROTECTION, AND OTHER RELEVANT LAW ENFORCEMENT ISSUES THE DIRECTOR DEEMS NECESSARY OR APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION; AND (D) REVIEW ALL STATE AND LOCAL LAW ENFORCEMENT AGENCIES' INTERNAL AFFAIRS INVESTIGATIONS AND DISPOSITIONS, INCLUDING ANY DECISION BY AN AGENCY NOT TO REFER A COMPLAINT, FROM A CITIZEN OR OTHER SOURCE, TO THE OFFICE TO ASCERTAIN WHETHER LAW ENFORCEMENT AGENCIES HAVE COMPLIED WITH APPLICABLE OPERATING PROCEDURES, WHETHER THE OUTCOMES OF THOSE INVESTI- GATIONS ARE SUPPORTED BY THE EVIDENCE, WHETHER ANY DISCIPLINE IMPOSED WAS APPROPRIATE AND MAKE RECOMMENDATIONS TO THE ATTORNEY GENERAL FOR APPROPRIATE REMEDIAL ACTION. IN ORDER FOR A LOCAL OR STATE LAW ENFORCEMENT AGENCY TO COMPLETE ACCREDITATION REQUIREMENTS, LAW ENFORCEMENT OFFICERS OF SUCH AGENCY MUST COMPLETE A TRAINING AS DEVELOPED BY THE DIVISION IN RELATION TO PROHIB- ITING RACIAL PROFILING. 5. REPORTS. (A) THE OFFICE SHALL PREPARE ANNUAL PUBLIC REPORTS THAT INCLUDE AGGREGATE STATISTICS ON STATE AND LOCAL LAW ENFORCEMENT ACTIV- ITIES AND PROCEDURES AND AGGREGATE DATA ON RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION AND AGE OF SUCH PERSONS INVOLVED IN THE TRAFFIC STOP. THESE REPORTS SHALL INCLUDE AGGREGATE STATISTICS ON THE NUMBER OF MOTOR VEHICLE STOPS, REASON FOR STOPS, ENFORCEMENT ACTIONS, INCLUDING BUT NOT LIMITED TO, CITATIONS, WARNINGS AND ARRESTS, NUMBER OF SEARCHES CONDUCTED, AND THE USE OF FORCE. THE
REPORTS SHALL ALSO INCLUDE AGGREGATE STATISTICS OF THE NUMBER OF CRIMI- NAL CHARGES FILED, CONTRABAND SEIZURES AND WANTED PERSONS TAKEN INTO CUSTODY AS A RESULT OF MOTOR VEHICLE STOPS. (B) THE OFFICE SHALL PREPARE ANNUAL REPORTS PROVIDING AGGREGATE DATA REGARDING MISCONDUCT INVESTIGATIONS AND THE NUMBER OF EXTERNAL, INTER- NAL, AND TOTAL COMPLAINTS RECEIVED AND THE DISPOSITION OF THOSE COMPLAINTS. (C) THE COMMISSIONER SHALL, ON AN ANNUAL BASIS, REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION OF THIS SECTION. (D) THE REPORT AND STATISTICS SHALL BE PUBLISHED ON THE DIVISION'S WEBSITE. S 2. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.

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