Relates to the prevention of terrorist attacks

Summary of specific provisions

Section One of this bill would declare the legislative findings and intent of this proposed legislation.

Section Two of this bill would amend the Executive Law, to add a new section 837-s, to allow a peace officer or police officer to consider the apparent national origin of a suspect as one of the many factors in a potential terrorist suspect profile which he or she could use to identify persons who could be stopped, questioned, frisked and/or searched in furtherance of the government's compelling interest in deterring terrorist attacks: provided that the apparent national origin cannot be the sole criteria utilized for making the decision.

Section Three of this bill would amend the Criminal Procedure Law, to add a new section 140.60, to allow a peace officer or police officer to consider the apparent national origin of a suspect as one of the many factors in a potential terrorist suspect profile which he or she could use to identify persons who could be stopped, questioned, frisked and/or searched in furtherance of the government's compelling interest in deterring terrorist attacks: provided that the apparent national origin cannot be the sole criteria utilized for making the decision.

Section Four of this bill would amend the Penal Law to add a new section 490.02, to provide that a person who makes a good faith stop of a person based upon their national origin, pursuant to section 837-s of the Executive Law or section 140.60 of the criminal procedure law, would be immune from from civil and criminal liability for such stop, questioning, frisk or search.

Justification

The Supreme Court of the United States held in Grutter v. Bollinger, 539 U.S. 306 (2003), that factors such as race, ethnicity and national origin can, consistent with the Equal Protection clause of the U.S Constitution, be considered in making governmental decisions provided that:

(1) Such consideration serves a "compelling governmental interest" and

(2) That race, ethnicity or national origin is not the only factor to be considered in making the decisions.

Preventing terrorist attacks on our citizens - including not only possible deaths and injuries, but also the resulting economic harm and devastation - is the very definition of a compelling governmental

interest. Accordingly, this compelling governmental interest demands - that since both law enforcement resources and the time necessary to make an initial decision regarding stopping and questioning are very limited - the identification of potential terrorist suspect as effectively and efficiently as possible, so that they may be stopped, questioned, frisked, or searched, is an important tool to prevent terrorist attack.

The recent events of the Boston Marathon Attacks, only highlights the need for this type of legislation. For that tragedy clearly demonstrated that our law enforcement officials must be provided with the ability to detain and prevent terrorist suspects from carrying out their murderous plans. Being able to stop, question and search terrorist suspects, when law enforcement has a good faith suspicion that the individual to be stopped, questioned, frisked or searched has ties to any country which has had a history of maintaining a terrorist organization.

By its very text, this bill does not seek authorize the a practice of racial or ethnic discrimination. Rather it seeks to have law enforcement to be permitted to operate in the real world, where terrorists do in fact frequently come from certain nationalities and backgrounds, and have their hands inappropriately tied in their mission to protect us, due to a misplaced policy of political correctness.

As a result, this bill seeks, in the interest of ensuring the most effective terrorist prevention which meets U.S. constitutional protections, to enact a law which authorizes the effective use of potential suspect terrorist profiles

Legislative history

This is a new bill in the Senate.

Fiscal implications

None noted

Effective date

This act would take effect immediately.