S T A T E   O F   N E W   Y O R K
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                                   935

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

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  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:

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S 837-S. PROHIBITION OF RACIAL PROFILING IN TRAFFIC STOPS. 1.  FOR THE
PURPOSES OF THIS SECTION, "RACIAL PROFILING" MEANS THE DETENTION, INTER-
DICTION  OR  OTHER  DISPARATE  TREATMENT  OF AN INDIVIDUAL SOLELY ON THE
BASIS OF THE RACIAL OR ETHNIC STATUS OF SUCH INDIVIDUAL.
  2. NO MEMBER OF THE DIVISION OF STATE POLICE, A  SHERIFF'S  OFFICE,  A
MUNICIPAL  POLICE  DEPARTMENT  OR ANY OTHER LAW ENFORCEMENT AGENCY SHALL
ENGAGE IN RACIAL PROFILING. THE DETENTION OF AN INDIVIDUAL BASED ON  ANY
NONCRIMINAL FACTOR OR COMBINATION OF NONCRIMINAL FACTORS IS INCONSISTENT
WITH THIS POLICY.
  3. THE RACE OR ETHNICITY OF AN INDIVIDUAL SHALL NOT BE THE SOLE FACTOR
IN  DETERMINING  THE  EXISTENCE OF PROBABLE CAUSE TO PLACE IN CUSTODY OR
ARREST AN INDIVIDUAL OR IN CONSTITUTING  A  REASONABLE  AND  ARTICULABLE
SUSPICION THAT AN OFFENSE HAS BEEN OR IS BEING COMMITTED SO AS TO JUSTI-
FY  THE  DETENTION OF AN INDIVIDUAL OR THE INVESTIGATORY STOP OF A MOTOR
VEHICLE.
  4. (A) NOT LATER THAN JANUARY  FIRST,  TWO  THOUSAND  SEVENTEEN,  EACH
MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE DIVISION OF STATE
POLICE  SHALL  ADOPT  A  WRITTEN  POLICY  THAT  PROHIBITS  THE STOPPING,
DETENTION OR SEARCH OF ANY PERSON WHEN SUCH ACTION IS  SOLELY  MOTIVATED
BY  CONSIDERATIONS  OF  RACE,  COLOR,  ETHNICITY,  AGE, GENDER OR SEXUAL
ORIENTATION, AND THE ACTION WOULD CONSTITUTE A VIOLATION  OF  THE  CIVIL
RIGHTS OF THE PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03283-01-5

              

S. 935                              2

  (B)  COMMENCING ON JANUARY FIRST, TWO THOUSAND SEVENTEEN, EACH MUNICI-
PAL POLICE DEPARTMENT, SHERIFF'S  OFFICE,  AND  THE  DIVISION  OF  STATE
POLICE  SHALL,  USING  THE  FORM  DEVELOPED  AND PROMULGATED PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION, RECORD AND RETAIN THE FOLLOWING INFOR-
MATION:  (I)  THE NUMBER OF PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II)
CHARACTERISTICS OF RACE,  COLOR,  ETHNICITY,  GENDER  AND  AGE  OF  SUCH
PERSONS,  PROVIDED  THE  IDENTIFICATION OF SUCH CHARACTERISTICS SHALL BE
BASED ON THE OBSERVATION AND PERCEPTION OF THE POLICE OFFICER  RESPONSI-
BLE  FOR REPORTING THE STOP AND THE INFORMATION SHALL NOT BE REQUIRED TO
BE PROVIDED BY THE PERSON STOPPED; (III) THE NATURE OF THE ALLEGED TRAF-
FIC VIOLATION THAT RESULTED IN THE STOP; (IV) WHETHER A WARNING OR CITA-
TION 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.
  (C) EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, AND THE  DIVI-
SION  OF  STATE POLICE SHALL PROVIDE TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES (I) A COPY OF EACH COMPLAINT RECEIVED PURSUANT TO THIS SECTION,
AND (II) WRITTEN NOTIFICATION OF THE  REVIEW  AND  DISPOSITION  OF  SUCH
COMPLAINT.
  (D) ANY POLICE OFFICER WHO IN GOOD FAITH RECORDS TRAFFIC STOP INFORMA-
TION  PURSUANT  TO  THE  REQUIREMENTS  OF THIS SECTION SHALL NOT BE HELD
CIVILLY LIABLE FOR THE ACT OF  RECORDING  SUCH  INFORMATION  UNLESS  THE
OFFICER'S CONDUCT WAS UNREASONABLE OR RECKLESS.
  (E)  IF  A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE, OR THE DIVI-
SION OF STATE POLICE  FAILS  TO  COMPLY  WITH  THE  PROVISIONS  OF  THIS
SECTION, THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ORDER AN APPRO-
PRIATE  PENALTY  IN THE FORM OF THE WITHHOLDING OF STATE FUNDS FROM SUCH
MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE OR THE DIVISION  OF  STATE
POLICE.
  (F)  ON  OR  BEFORE  OCTOBER FIRST, TWO THOUSAND SIXTEEN, AND ANNUALLY
THEREAFTER, EACH MUNICIPAL POLICE DEPARTMENT, SHERIFF'S OFFICE  AND  THE
DIVISION  OF  STATE  POLICE  SHALL  PROVIDE  TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES, IN SUCH FORM  AS  THE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES  SHALL  PRESCRIBE, A SUMMARY REPORT OF THE INFORMATION RECORDED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
  (G) THE DIVISION OF CRIMINAL JUSTICE  SERVICES  SHALL  PROVIDE  FOR  A
REVIEW OF THE PREVALENCE AND DISPOSITION OF TRAFFIC STOPS AND COMPLAINTS
REPORTED  PURSUANT  TO  THIS  SECTION. NOT LATER THAN JANUARY FIRST, TWO
THOUSAND EIGHTEEN, THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
REPORT  TO  THE  GOVERNOR AND THE SENATE AND THE ASSEMBLY THE RESULTS OF
SUCH REVIEW, INCLUDING ANY RECOMMENDATIONS.
  5. NOT LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE  DIVISION
OF CRIMINAL JUSTICE SERVICES SHALL DEVELOP AND PROMULGATE:
  (A)  A  FORM,  IN  BOTH  PRINTED  AND ELECTRONIC FORMAT, TO BE USED BY
POLICE OFFICERS WHEN MAKING A TRAFFIC STOP TO RECORD PERSONAL  IDENTIFY-
ING INFORMATION ABOUT THE OPERATOR OF THE MOTOR VEHICLE THAT IS STOPPED,
THE  LOCATION OF THE STOP, THE REASON FOR THE STOP AND OTHER INFORMATION
THAT IS REQUIRED TO BE RECORDED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION; AND
  (B) A FORM, IN BOTH PRINTED AND  ELECTRONIC  FORMAT,  TO  BE  USED  TO
REPORT  COMPLAINTS  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS SECTION BY
PERSONS WHO BELIEVE THEY HAVE BEEN SUBJECTED TO A MOTOR VEHICLE STOP  BY
A  POLICE  OFFICER  SOLELY ON THE BASIS OF THEIR RACE, COLOR, ETHNICITY,
AGE, GENDER OR SEXUAL ORIENTATION.
  S 2. This act shall take effect immediately.