NY State Senate Bill 2021-S3026

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Jan 27, 2021	referred to finance

2021-S3026 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2280
2011-2012: S1496
2013-2014: S1833
2015-2016: S935
2017-2018: S3079
2019-2020: S3252
2023-2024: S2624

2021-S3026 (ACTIVE) - Summary

Relates to traffic stops conducted by law enforcement officers; defines "racial profiling"; authorizes division of criminal justice services to conduct a study relating to racial profiling; prohibits use of race or ethnicity of an individual as the sole factor in determining the existence of probable cause to place such person under arrest or take into custody.

2021-S3026 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3026

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to traffic stops
conducted by law enforcement officers

 
PURPOSE:

The proposed legislation will define and prohibit racial/ethnic profil-
ing; the practice of stopping someone based on the racial or ethnic
status of that person; and create a sight of action for individuals who
have victimized by racial/ethnic profiling.

 
SUMMARY OF SPECIFIC PROVISIONS:

* Amends the executive law by adding a new section 837-s with, essen-
tially, five new provisions;

*Defines racial profiling as the detention, interdiction or other dispa-

rate treatment of an individual solely on the basis of the racial or
ethnic status of such individuals;

*Prohibits racial profiling;

*Establishes that race or ethnicity shall not be the sole factor in
determining probable cause;

*Establishes a law enforcement written data collection Policy regarding
racial profiling;

*Establishes a reporting system to the legislature;

*Establishes a private right of action for individuals subject to bias-
based profiling.

 
JUSTIFICATION:

There is an increasing public perception around the nation of bias
against racial and or ethnic groups in traffic stops. There is much
anecdotal evidence suggesting that this bias exists but little, if any,
hard statistics to prove such a bias. North Carolina has passed legis-
lation requiring that data be collected on all traffic stops.  Connecti-
cut has passed legislation prohibiting racial profiling as well as
requiring data collection. Other states are now studying this issue. It
is time for New York to join these states by outlawing racial profiling
and by requiring collection of data on traffic stops. No American should
endure a traffic stop because of his or her race or ethnicity. No driver
should fear driving because he or she might be stopped based only on the
color of their skin. New York State should lead the way in prohibiting
this pernicious practice and in collecting relevant data on the issue.
Those individuals who are harmed by these biased actions should be able
to enforce this legislation through a private right of action.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.3252- Referred to Finance
2017-18: S. 3079 - Referred to Finance
2015-16: S.935 - Referred to Finance
2013-20: S.1833A - Amended and Recommit to Finance
2011-12: S.1496A - Referred to Finance
2009-10: S.2280A - Referred to Finance
2007-08: S.1986 - Referred to Finance
2005-06: S.641 - Referred to Finance
2003-04: S.3128 - Referred to Finance
2001-02: S.1512A - Referred to Finance

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3026 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3026
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 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-w
 to read as follows:
   § 837-W. 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  TWENTY-THREE,  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.
                                                            LBD04257-01-1

 S. 3026                             2
 
   (B)  COMMENCING  ON  JANUARY  FIRST,  TWO  THOUSAND TWENTY-THREE, 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 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 TWENTY-TWO, 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 TWENTY-FOUR, 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 TWENTY-THREE, THE  DIVI-
 SION 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.
   § 2. This act shall take effect immediately.

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Senate Bill S3026

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2021-S3026 (ACTIVE) - Details

2021-S3026 (ACTIVE) - Summary

2021-S3026 (ACTIVE) - Sponsor Memo

2021-S3026 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3026

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

2021-S3026 (ACTIVE) - Details

2021-S3026 (ACTIVE) - Summary

2021-S3026 (ACTIVE) - Sponsor Memo

2021-S3026 (ACTIVE) - Bill Text download pdf

Comments