Prohibits police officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against police officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.
BILL NUMBER: S6329
TITLE OF BILL : An act to amend the executive law, in relation to ethnic or racial profiling
PURPOSE : Prohibits law enforcement officers from engaging in racial and ethnic profiling in New York State, requires collection of data on traffic and street stops, and authorizes the Attorney General to seek injunctive relief in such cases.
SUMMARY OF PROVISIONS : Section 1 names this act as "Marvin's Law" after an 11 year old Buffalo resident who was mistaken for an alleged criminal and taken into police custody.
§ 2 amends the Executive Law by creating a new § 837-s.
Subdivision 1 contains definitions, including a definition for "racial or ethnic profiling."
Subdivision 2 prohibits law enforcement agencies and law enforcement officers from engaging in racial or ethnic profiling.
Subdivision 3 requires law enforcement agencies to promulgate and adopt procedures for reviewing complaints of racial or ethnic profiling and taking corrective measures. A copy of each complaint and a written summary of the disposition must be forwarded to the Division of Criminal Justice Services.
Subdivision 4 requires each law enforcement agency to collect and maintain data with respect to traffic stops and persons patted down, frisked and searched.
Subdivision 5 requires every law enforcement agency to compile the data collected and forward an annual report to the Division of Criminal Justice Services by March of each year.
Subdivision 6 directs the Division of Criminal Justice Services, in consultation with the Attorney General, to develop appropriate forms.
Subdivision 7 requires law enforcement agencies to make documents required by this bill available to the Attorney General within five days of a demand.
Subdivision 8 requires law enforcement agencies to provide all data collected from traffic stops to the Division of Criminal Justice Services. The division shall implement a computerized data system for public viewing of such data and shall publish an annual report on law enforcement traffic stops without revealing the identity of any individuals.
Subdivision 9 states that an action for injunctive relief and! or for damages may be brought by the Attorney General on behalf of the people against a law enforcement agency that has engaged in racial or ethnic profiling. A court may award costs and reasonable attorney fees to a prevailing plaintiff.
Subdivision 10 states that an action for injunctive relief and/or for damages may be brought by an individual that has been the subject of racial profiling against a law enforcement agency that has engaged in racial or ethnic profiling. A court may award costs and reasonable attorney fees to a prevailing plaintiff.
Subdivision 11 provides that § 837-s does not diminish or abrogate any other right, remedy or cause of action which an individual who has been the subject of racial profiling may have.
§ 3 Makes this act effective ninety days after it shall have become law.
EXISTING LAW : New York State currently has no statutory prohibition on racial profiling.
JUSTIFICATION : This legislation has been named after Marvin G., a young black male who was the victim of racial profiling at the age of 11. After he was wrongly identified as a person who the police was looking for - a man in his 30's - Marvin was taken into custody by the police. Being wrongly accused of a crime would be traumatic for most people, but for an 11 year old it was a devastating experience. Marvin's experience left him with problems in school and in fear of the police whom he was taught would protect him. only after undergoing professional counseling has Marvin been able to move on with his life. It is his hope that, through the adoption of a complete ban on racial profiling, other young men and women will avoid similar treatment at the hands of the police. The use of race or ethnicity as a criterion which gives rise to the suspicion of criminal activity is commonly referred to as "racial profiling." Blacks, Hispanics and other minority groups have long been the victims of racial profiling, which includes unjustified stops, both in their vehicles and on the street, by law enforcement officers.
This deplorable practice has gained national attention in recent years. A complaint filed in the U.S. District Court (United States of America v. State of New Jersey & the Division of State police of the New Jersey Department of Law and Public Safety: Civil 99-5970 MLC) alleged a long-standing pattern of conduct by New Jersey State police that deprived persons of rights, privileges, or immunities secured or protected by the Constitution and the laws of the United States.
In New York State, there has been no systematic effort to collect and analyze statistics that would help determine whether racial profiling occurs, or to establish policies dealing directly with the issue of racial profiling.
This legislation will prohibit the use of racial and ethnic profiling by law enforcement in New York State. It will result in the adoption of policies and procedures to collect data on racial and ethnic profiling, and establish a public data base containing the collected data which will promote law enforcement integrity as well as to promote community support, particularly minority communities, for law enforcement.
LEGISLATIVE HISTORY : S.1599-A (PATERSON) of 2005-06/Referred to Finance. S.4389 of (SMITH) of 2007-08/Referred to Finance
FISCAL IMPLICATIONS : Minimal.
EFFECTIVE DATE : This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and! or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 6329 2009-2010 Regular Sessions IN SENATE December 7, 2009 ___________Introduced by Sen. THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to ethnic or racial profiling THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as "Marvin's law". S 2. The executive law is amended by adding a new section 837-s to read as follows: S 837-S. ETHNIC AND RACIAL PROFILING. 1. FOR THE PURPOSES OF THIS SECTION: (A) "LAW ENFORCEMENT AGENCY" MEANS AN AGENCY ESTABLISHED BY THE STATE OR A UNIT OF LOCAL GOVERNMENT WHICH EMPLOYS POLICE OFFICERS OR PEACE OFFICERS WHO ARE EMPOWERED TO AND IN THE COURSE OF THEIR OFFICIAL DUTIES LAWFULLY STOP MOTOR VEHICLES OR STOP AND FRISK INDIVIDUALS. (B) "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR PEACE OFFICER EMPLOYED BY A LAW ENFORCEMENT AGENCY. (C) "RACIAL OR ETHNIC PROFILING" MEANS THE STOPPING OF A MOTOR VEHI- CLE, THE STOPPING AND QUESTIONING OF AN INDIVIDUAL OR THE STOPPING AND FRISKING OF AN INDIVIDUAL BY A LAW ENFORCEMENT OFFICER THAT IS BASED UPON AN INDIVIDUAL'S ACTUAL OR APPARENT RACIAL OR ETHNIC STATUS WITHOUT REASONABLE INDIVIDUALIZED SUSPICION OR CAUSE TO LAWFULLY JUSTIFY SUCH CONDUCT. 2. EVERY LAW ENFORCEMENT AGENCY AND EVERY LAW ENFORCEMENT OFFICER SHALL BE PROHIBITED FROM ENGAGING IN RACIAL OR ETHNIC PROFILING. 3. ON OR BEFORE JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, EVERY LAW ENFORCEMENT AGENCY SHALL PROMULGATE AND ADOPT A WRITTEN POLICY WHICH PROHIBITS RACIAL OR ETHNIC PROFILING. IN ADDITION, EACH SUCH AGENCY SHALL PROMULGATE AND ADOPT PROCEDURES FOR THE REVIEW AND THE TAKING OF CORRECTIVE ACTION WITH RESPECT TO COMPLAINTS BY INDI-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04443-01-9 S. 6329 2
VIDUALS WHO ALLEGE THAT THEY HAVE BEEN THE SUBJECT OF RACIAL OR ETHNIC PROFILING. A COPY OF EACH SUCH COMPLAINT RECEIVED PURSUANT TO THIS SECTION AND WRITTEN NOTIFICATION OF THE REVIEW AND DISPOSITION OF SUCH COMPLAINT SHALL BE PROMPTLY PROVIDED BY SUCH AGENCY TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. 4. COMMENCING ON JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, EACH LAW ENFORCEMENT AGENCY SHALL, USING A FORM TO BE DETERMINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, RECORD AND RETAIN THE FOLLOWING INFORMATION WITH RESPECT TO LAW ENFORCEMENT OFFI- CERS EMPLOYED BY SUCH AGENCY: (A) THE NUMBER OF PERSONS STOPPED FOR TRAFFIC VIOLATIONS AND THE NUMBER OF PERSONS PATTED DOWN, FRISKED AND SEARCHED; (B) THE CHARACTERISTICS OF RACE, COLOR, ETHNICITY, GENDER AND AGE OF EACH SUCH PERSON, PROVIDED THE IDENTIFICATION OF SUCH CHARACTERISTICS SHALL BE BASED ON THE OBSERVATION AND PERCEPTION OF THE OFFICER RESPON- SIBLE FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT BE REQUIRED TO BE PROVIDED BY THE PERSON STOPPED; (C) IF A VEHICLE WAS STOPPED, THE NUMBER OF INDIVIDUALS IN THE STOPPED MOTOR VEHICLE; (D) WHETHER IMMIGRATION STATUS WAS QUESTIONED, IMMIGRATION DOCUMENTS REQUESTED, AND IF ANY FURTHER INQUIRY WAS MADE TO THE IMMIGRATION AND NATURALIZATION SERVICE WITH RESPECT TO ANY PERSON STOPPED OR IN THE MOTOR VEHICLE; (E) THE NATURE OF THE ALLEGED TRAFFIC VIOLATION THAT RESULTED IN THE STOP OR THE BASIS FOR THE CONDUCT THAT RESULTED IN THE INDIVIDUAL BEING STOPPED AND FRISKED OR SEARCHED; (F) WHETHER A SEARCH WAS CONDUCTED AND, IF SO, THE RESULT OF THE SEARCH; (G) IF A SEARCH WAS CONDUCTED, WHETHER THE SEARCH WAS OF A PERSON OR THE PERSON'S PROPERTY, AND WHETHER THE SEARCH WAS CONDUCTED PURSUANT TO CONSENT AND IF NOT, THE BASIS FOR CONDUCTING THE SEARCH INCLUDING ANY ALLEGED CRIMINAL BEHAVIOR THAT JUSTIFIED THE SEARCH; (H) WHETHER A WARNING OR CITATION WAS ISSUED; (I) WHETHER AN ARREST WAS MADE AND FOR WHAT CHARGE; (J) THE APPROXIMATE DURATION OF THE STOP; AND (K) THE TIME AND LOCATION OF THE STOP. 5. EVERY LAW ENFORCEMENT AGENCY SHALL COMPILE THE INFORMATION SET FORTH IN SUBDIVISION FOUR OF THIS SECTION FOR THE CALENDAR YEAR INTO A REPORT TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE FORMAT OF SUCH REPORT SHALL BE DETERMINED BY SUCH DIVISION. THE REPORT SHALL BE SUBMIT- TED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES NO LATER THAN MARCH FIRST OF THE FOLLOWING CALENDAR YEAR. 6. NOT LATER THAN JANUARY FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION WITH THE ATTORNEY GENERAL, SHALL DEVELOP AND PROMULGATE: (A) A FORM IN BOTH PRINTED AND ELECTRONIC FORMAT, TO BE USED BY LAW ENFORCEMENT OFFICERS TO RECORD THE INFORMATION LISTED IN SUBDIVISION FOUR OF THIS SECTION WHEN MAKING A TRAFFIC STOP OR WHEN STOPPING AND FRISKING AN INDIVIDUAL; AND (B) A FORM TO BE USED TO REPORT COMPLAINTS PURSUANT TO SUBDIVISION THREE OF THIS SECTION BY INDIVIDUALS WHO BELIEVE THEY HAVE BEEN SUBJECTED TO RACIAL OR ETHNIC PROFILING. 7. EVERY LAW ENFORCEMENT AGENCY SHALL MAKE AVAILABLE TO THE ATTORNEY GENERAL, UPON FIVE DAYS DEMAND AND NOTICE, THE DOCUMENTS REQUIRED TO BE PRODUCED AND PROMULGATED PURSUANT TO SUBDIVISIONS THREE, FOUR AND FIVE OF THIS SECTION.S. 6329 3
8. EVERY LAW ENFORCEMENT AGENCY SHALL FURNISH ALL DATA/INFORMATION COLLECTED FROM TRAFFIC STOPS TO THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND IMPLEMENT A PLAN FOR A COMPUTERIZED DATA SYSTEM FOR PUBLIC VIEWING OF SUCH DATA AND SHALL PUBLISH AN ANNUAL REPORT ON DATA COLLECTED FOR THE GOVERNOR, THE LEGISLATURE, AND THE PUBLIC ON LAW ENFORCEMENT TRAFFIC STOPS. INFORMATION RELEASED SHALL NOT REVEAL THE IDENTITY OF ANY INDI- VIDUAL. 9. THE ATTORNEY GENERAL MAY BRING AN ACTION ON BEHALF OF THE PEOPLE FOR INJUNCTIVE RELIEF AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY THAT IS ENGAGING IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING IN A COURT HAVING JURISDICTION TO ISSUE SUCH RELIEF. THE COURT MAY AWARD COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH AN ACTION. 10. IN ADDITION TO A CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVISION NINE OF THIS SECTION, AN INDIVIDUAL WHO HAS BEEN THE SUBJECT OF AN ACT OR ACTS OF RACIAL PROFILING MAY BRING AN ACTION FOR INJUNCTIVE RELIEF AND/OR DAMAGES AGAINST A LAW ENFORCEMENT AGENCY THAT IS ENGAGED IN OR HAS ENGAGED IN AN ACT OR ACTS OF RACIAL PROFILING. THE COURT MAY AWARD COSTS AND REASONABLE ATTORNEY FEES TO A PLAINTIFF WHO PREVAILS IN SUCH AN ACTION. 11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS DIMINISHING OR ABRO- GATING ANY RIGHT, REMEDY OR CAUSE OF ACTION WHICH AN INDIVIDUAL WHO HAS BEEN SUBJECT TO RACIAL OR ETHNIC PROFILING MAY HAVE PURSUANT TO ANY OTHER PROVISION OF LAW. S 3. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.