S T A T E   O F   N E W   Y O R K
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                                  4016

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of A. PERRY, CLARK -- Multi-Sponsored by -- M. of A.
  HOOPER, MENG,  PEOPLES-STOKES,  J. RIVERA,  TOWNS  --  read  once  and
  referred to the Committee on Governmental Operations

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 THIRTEEN, 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.
                                                           LBD01320-01-1
              

A. 4016                             2

  (B) COMMENCING ON JANUARY FIRST, TWO THOUSAND THIRTEEN, EACH MUNICIPAL
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  INFORMATION:  (I)
THE  NUMBER  OF  PERSONS STOPPED FOR TRAFFIC VIOLATIONS; (II) CHARACTER-
ISTICS 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  RESPONSIBLE  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.
  (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  TWELVE,  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  FOURTEEN,  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 THIRTEEN, 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.