Establishes the office of law enforcement professional standards

2 Co-sponsors

• Tony Avella
• Kevin S. Parker

BILL NUMBER:S1981

Title of bill

An act to amend the executive law, in relation to estab- lishing the office of law enforcement professional standards

Purpose

The purpose of this bill is to create an office of law enforcement professional standards in Division of Criminal Justice Services. The office would promulgate policies to prohibit racial profiling practices.

Summary of provisions

This bill creates the office of law enforcement professionals standards within the Division of Criminal Justice Services. The Office must create a written policy to be adopted by local police departments which would prohibit the stopping, detention or search of any person when the action is solely motivated by race, color, ethnicity, national origin, age, gender or sexual orientation and the action would violate the persons civil rights. The office must also create a written form that will be used to retain information about persons stopped for traffic violations. These forms will be analyzed by the Office. The Office will also be responsible for approving curricula for training law enforcement on cultural awareness. They must also prepare an annual report that includes aggregate statistics on state and local law enforcement activities and procedures and aggregate data on race, color, ethnicity, gender and age of such persons involved in traf- fic stops.

Justification

As a result of racial profiling, minority drivers are more likely to be stopped, questioned by police officers and subjected to unreasonable searches.

Because of the prevalent practice of the use of racial profiling for traffic stops many States have come to adopt racial profiling laws. New Jersey, in 2009, signed into law a racial profiling bill which created an office under the Attorney General to continue examining motor vehicle stops. This New Jersey law was a result of a complaint filed in Federal Court against the State of New Jersey for its prevalent practice of racial profiling.

New York must join these other states which have adopted laws to prohib- it the use of racial profiling. New York with its diverse population must adopt policies to ensure that minorities group's civil rights are not being violated.

Legislative history

2011-12 - S.6187 - Referred to Finance

Fiscal implications

Needs to be determined.

Effective date

Takes effect on the first of April next succeeding the date on which it shall become law.