Prohibits police officers from using racial and ethnic profiling

§ 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.