What's happening
This bill requires law enforcement to obtain and document clear consent before conducting searches without a warrant, and mandates annual reporting on such searches.
Why it matters
Protects individuals’ rights and privacy. by ensuring they are clearly informed of their right to refuse a search, reducing the likelihood of coercion or misunderstanding during police encounters.
Creates a transparent, auditable record of consent. , including time, date, officer identities, and the specific nature of the search, which can be used for accountability and in court challenges.
Offers safeguards against discriminatory or bias-based policing. by requiring demographic breakdowns of who is searched and who declines, enabling lawmakers and the public to monitor for potential patterns of racial or other profiling.
Supports both law enforcement and civilians. by providing clear procedures that protect officers from false misconduct claims and help ensure any evidence collected is less likely to be excluded in court due to unclear or improperly obtained consent.
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Who cares
Headline styles
Ban Biased Police Searches
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
- 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.
Ban Police Biased Profiling
In Assembly Committee · Governmental Operations · Sponsor Walter T. Mosley
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3117
2017-2018 Regular Sessions
IN SENATE
January 19, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to prohibiting bias-based profiling by state and local law enforcement officers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Declaration of legislative intent and findings. The legislature finds that bias-based policing endangers New York state's long tradition of serving as a welcoming place for people of all backgrounds. The legislature further finds that the people of the state of New York are in great debt to the hard work and dedication of police officers in their daily duties. The name and reputation of these officers should not be tarnished by the actions of those who would commit discriminatory practices.
The legislature expresses deep concern about the impact of racially discriminatory practices by certain law enforcement agencies. In particular, the legislature expresses concern about the New York state police's growing reliance on stop-and-frisk tactics and the impact of this practice on communities of color. In doing so, it is the legislature's intention 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.
§ 2. The executive law is amended by adding a new article 13-B to read as follows:
ARTICLE 13-B
CONSENT PRIOR TO CONDUCTING SEARCHES Section 268. Proof of consent prior to conducting searches.
269. Report.
§ 268. Proof of consent prior to conducting searches. 1. Prior to conducting a search of a person, or of a person's vehicle, home, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04026-01-7
S. 3117 2
belongings that is not pursuant to a warrant, incident to an arrest, or supported by probable cause, law enforcement officers shall:
a. Articulate, in a language and manner understood by the person, that the person is being asked to voluntarily consent to a search and that he or she has the right to refuse consent;
b. Create an audio or written and signed record of the person's consent, which shall include:
(i) a statement that the person understands that he or she may refuse consent;
(ii) a statement that the person is freely and voluntarily providing consent;
(iii) a statement that the person understands that he or she may withdraw the consent at any time during the search;
(iv) the time and date of the search;
(v) the name or names and badge number or numbers of all law enforcement officers involved in the search; and
(vi) the make and registration number of the vehicle to be searched, if applicable.
2. After providing the advisement and creating the record of consent to search, a law enforcement officer may conduct the search.
3. A copy of the consent record shall be provided to the person who consented to the search.
4. If during legal proceedings a defendant moves to suppress evidence obtained in the course of the search, failure to comply with the requirements of this section shall be considered a factor in determining the voluntariness of the consent.
§ 269. Report. The New York state police and each local law enforcement agency shall submit to the legislature on an annual basis a report based on the records created under section two hundred sixty-eight of this article. Such report shall include the total number of searches conducted under such section, broken down by each precinct or troop division and by the race, ethnicity, sex, and age of the person searched. Such a report shall also include the total number of searches declined by individuals under this section.
§ 3. Separability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 4. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-16: S.1748 - Referred to Finance 2013-14: S.2845 - Referred to Finance 2012: S.7309A - Amend and Recommit to 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.