What's happening
This bill prohibits racial profiling in traffic stops by law enforcement and requires data collection and reporting on such stops.
Why it matters
Mandates clear, statewide definitions and prohibitions on racial profiling. , ensuring all New York law enforcement agencies follow uniform standards that explicitly ban stops or searches based solely on race, ethnicity, or other protected characteristics—raising the legal bar for justifying traffic stops.
Requires detailed demographic data collection on every traffic stop. , including race, ethnicity, gender, and age of those stopped (as perceived by officers), along with the outcome of the stop. This will create a robust dataset to identify patterns, disparities, and potentially discriminatory practices.
Establishes formal complaint and accountability mechanisms. , obligating agencies to track and report complaints of racial profiling, their investigation, and outcomes to the Division of Criminal Justice Services, which can penalize noncompliance by withholding state funds—adding real consequences for agencies that fail to comply.
Provides for public transparency and oversight. , with annual summary reports and a mandated statewide review to be delivered to the governor and legislature, potentially driving future policy changes and informing the public about the scope and handling of racial profiling in traffic stops.
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Who cares
Headline styles
Ban Racial Profiling Traffic Stops
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to governmental operations
- Referred to governmental operations
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.
Ban Racial Profiling Traffic Stops
In Senate Committee · Finance · Sponsor Kevin S. Parker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
253
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. HOOPER, PEOPLES-STOKES -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to traffic stops conducted by law enforcement officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 837-t to read as follows:
§ 837-t. Prohibition of racial profiling in traffic stops. 1. For the purposes of this section, "racial profiling" means the detention, interdiction or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual.
2. No member of the division of state police, a sheriff's office, a municipal police department or any other law enforcement agency shall engage in racial profiling. The detention of an individual based on any noncriminal factor or combination of noncriminal factors is inconsistent with this policy.
3. The race or ethnicity of an individual shall not be the sole factor in determining the existence of probable cause to place in custody or arrest an individual or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a motor vehicle.
4. (a) Not later than January first, two thousand nineteen, each municipal police department, sheriff's office, and the division of state police shall adopt a written policy that prohibits the stopping, detention or search of any person when such action is solely motivated by considerations of race, color, ethnicity, age, gender or sexual orientation, and the action would constitute a violation of the civil rights of the person.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06101-01-7
A. 253 2
(b) Commencing on January first, two thousand nineteen, each municipal police department, sheriff's office, and the division of state police shall, using the form developed and promulgated pursuant to subdivision five of this section, record and retain the following information: (i) the number of persons stopped for traffic violations; (ii) characteristics of race, color, ethnicity, gender and age of such persons, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped; (iii) the nature of the alleged traffic violation that resulted in the stop; (iv) whether a warning or citation was issued, an arrest made or a search conducted as a result of the stop; and (v) any additional information that such municipal police department, sheriff's office, or the division of state police, as the case may be, deems appropriate.
(c) Each municipal police department, sheriff's office, and the division of state police shall provide to the division of criminal justice services (i) a copy of each complaint received pursuant to this section, and (ii) written notification of the review and disposition of such complaint.
(d) Any police officer who in good faith records traffic stop information pursuant to the requirements of this section shall not be held civilly liable for the act of recording such information unless the officer's conduct was unreasonable or reckless.
(e) If a municipal police department, sheriff's office, or the division of state police fails to comply with the provisions of this section, the division of criminal justice services shall order an appropriate penalty in the form of the withholding of state funds from such municipal police department, sheriff's office or the division of state police.
(f) On or before October first, two thousand eighteen, and annually thereafter, each municipal police department, sheriff's office and the division of state police shall provide to the division of criminal justice services, in such form as the division of criminal justice services shall prescribe, a summary report of the information recorded pursuant to paragraph (b) of this subdivision.
(g) The division of criminal justice services shall provide for a review of the prevalence and disposition of traffic stops and complaints reported pursuant to this section. Not later than January first, two thousand twenty, the division of criminal justice services shall report to the governor and the senate and the assembly the results of such review, including any recommendations.
5. Not later than January first, two thousand nineteen, the division of criminal justice services shall develop and promulgate:
(a) A form, in both printed and electronic format, to be used by police officers when making a traffic stop to record personal identifying information about the operator of the motor vehicle that is stopped, the location of the stop, the reason for the stop and other information that is required to be recorded pursuant to paragraph (b) of subdivision four of this section; and
(b) A form, in both printed and electronic format, to be used to report complaints pursuant to subdivision four of this section by persons who believe they have been subjected to a motor vehicle stop by a police officer solely on the basis of their race, color, ethnicity, age, gender or sexual orientation.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.