Relates to traffic stops conducted by law enforcement officers involving racial profiling

4 Co-sponsors

• Ruth Hassell-Thompson
• José Peralta
• Bill Perkins
• Gustavo Rivera

BILL NUMBER:S935

Title of bill

An act to amend the executive law, in relation to traffic stops conducted by law enforcement officers

Purpose

The proposed legislation will define and prohibit racial/ethnic profiling; the practice of stopping someone based on the racial or ethnic status of that person; and create a sight of action for individuals who have victimized by racial/ethnic profiling.

Summary of specific provisions

* Amends the executive law by adding a new section 837-s with, essentially, five new provisions;

*Defines racial profiling as the detention, interdiction or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individuals;

*Prohibits racial profiling;

*Establishes that race or ethnicity shall not be the sole factor in determining probable cause;

*Establishes a law enforcement written data collection Policy regarding racial profiling;

*Establishes a reporting system to the legislature;

*Establishes a private right of action for individuals subject to bias-based profiling.

Justification

There is an increasing public perception around the nation of bias against racial and or ethnic groups in traffic stops. There is much anecdotal evidence suggesting that this bias exists but little, if any, hard statistics to prove such a bias. North Carolina has passed legislation requiring that data be collected on all traffic stops. Connecticut has passed legislation prohibiting racial profiling as well as requiring data collection. Other states are now studying this issue. It is time for New York to join these states by outlawing racial profiling and by requiring collection of data on traffic stops. No American should endure a traffic stop because of his or her race or ethnicity. No driver should fear driving because he or she might be stopped based only on the color of their skin. New York State should lead the way in prohibiting this pernicious practice and in collecting relevant data on the issue. Those individuals who are harmed by these biased actions should be able to enforce this legislation through a private right of action.

PRIOR LEGISLATIVE HISTORY:;

2013-2014: S.1833A - Amended 2011-12: S.1496A - Referred to Finance

2010: S.2280A Referred to Finance A.3546A Referred to Finance 2008: A.3961A Referred to Finance 2006: S.641 Referred to Finance A.3811 Referred to Finance 2004: S.3128 Referred to Finance A.7215 Referred to Finance 2002: S.1512A Referred to Finance A.2392A Referred to Finance

Fiscal implications for state and local government

Undetermined.

Effective date

This act shall take effect immediately.