Relates to ethnic or racial profiling

3 Co-sponsors

• Brad Hoylman-Sigal
• Bill Perkins
• Gustavo Rivera

BILL NUMBER:S1737

Title of bill

An act to amend the executive law, in relation to ethnic or racial profiling

Purpose or general idea of bill

Prohibits law enforcement officers from using racial and ethnic profiling, establishes a collection of data on traffic stops and creates a cause of action based on racial or ethnic profiling.

Summary of specific provision

Section 1. amends the executive law by creating a new section 837-s;

Subdivision 1. contains definitions.

Subdivision 2. prohibits law enforcement agencies and law enforcement officers from engaging in racial or ethnic profiling.

Subdivision 3. requires every law enforcement agency to promulgate and adopt procedures for reviewing complaints of racial or ethnic profiling and raking 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 1st of each year.

Subdivision 6. requires the division of criminal justice services in consultation with the Attorney General to promulgate necessary forms.

Subdivision 7. requires every law enforcement agency to make documents required by this bill available to the Attorney General within 7 business days days of a demand.

Subdivision 8 requires every law enforcement agency to provide all data collected from traffic stops to the division of criminal justice services. The division shall publish an annual report on law enforcement traffic stops without revealing the identity of any individuals.

Subdivision 9. states that inaction 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 section 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.

Section 2 - contains the effective date.

Justification

Slacks, Hispanics and other minority groups have long been victims of biased and unjustified traffic stops, searches and frisks by law enforcement officers. The arguably unconstitutional use of race or ethnicity as a criteria has become the focus of many civil and human rights groups. The practice is commonly known as "racial profiling." The use of racial profiling has consequently had a corrosive effect on the relations between police and tile minority communities. This practice deprives minorities of their Fourth Amendment right to he free from unreasonable searches and seizures, and their right to be free from discriminations based on race guaranteed under the Fourteenth Amendment to the United States Constitution.

Prior legislative history

None.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the 180th day after becoming a law.