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S1748Senate2015-2016 SessionSame asA5364

Relates to prohibiting biased-based profiling by state and local law enforcement officers

Sponsor Kevin S. ParkerSD-21Affects Finance
Status
In Senate Committee
Finance
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Finance

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Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

No co-sponsors yet.

History

  1. Referred to finance
  2. Referred to finance

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5364Assembly

Relates to prohibiting biased-based profiling by state and local law enforcement officers

In Assembly Committee · Governmental Operations · Sponsor Walter T. Mosley

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1748

Title of bill

An act to amend the executive law, in relation to prohibiting bias-based profiling by state and local law enforcement officers

Purpose or general idea of bill

To address concerns of discrimination derived from police stop-and-frisk tactics.

Summary of specific provisions

Section 1: Legislative Intent - to protect the personal privacy of all New Yorkers, to shield police officers from false claims of wrongdoing, and to contribute to the efficiency and effectiveness of our criminal justice system.

Section 2: creates Article 13-B of the Executive law - Sec.268 - Proof of consent prior to conducting searches - prior to conducting a search without a warrant an officer shall articulate that the person is being asked to voluntarily consent to a search, create an audio or written and signed record of such consent prior to the search. Failure to comply shall be considered a factor in determining the voluntariness of the consent.

Sec. 269 - Report - The New York State police and local law enforcement shall submit an annual report to the legislature which shall include the total number of searches broken down by each precinct and by the race, ethnicity, sex and age of the person searched. The report shall also include the total number of declined searches.

Section 3: Severability clause

Section 4: This act shall take effect the 90th day after it shall have become law.

Justification

Of the 685,724 New Yorkers that were subjected to stop and frisk in 2011, 88% were innocent and the only common theme was that the majority of those stopped were Black or Latino see, http://www nyclu.org/content/stop-and frisk-data). The studies have shown that although the amount of stop-and-frisks have increased, the amount of arrests remain dismal. There is an invasion of privacy and a dynamic of mistrust created by stop-and-frisk tactics which in turn compromises the

Prior legislative history

2014: S2845 - Finance 2012: S.7309-A - Finance

Fiscal implications

Unknown.

Effective date

This act shall take effect on the 90th day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.