What's happening
This bill prohibits racial or ethnic profiling by law enforcement in New York, mandates data collection, and allows legal action for violations.
Why it matters
Mandates comprehensive data collection on police stops and searches. , including details on the race, ethnicity, national origin, and religion (as perceived by officers) of those stopped, as well as the reasons, outcomes, and circumstances of each stop—enabling robust oversight and analysis of law enforcement practices.
Requires law enforcement agencies to establish clear anti-profiling policies and complaint processes. , including procedures for reviewing and acting on complaints, and mandates reporting of both complaints and their outcomes to a state division—potentially increasing accountability and transparency.
Establishes mechanisms for public and governmental scrutiny. by requiring agencies to submit annual reports, which the state will compile and publish in a public, anonymized database—empowering communities, researchers, and policymakers to identify trends and hold agencies accountable.
Creates strong legal remedies for those subjected to profiling. , allowing both the Attorney General and individuals to sue for damages or injunctive relief, with the possibility of recovering attorney’s fees—providing concrete consequences and deterrents for violations.
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Who cares
Police and peace officers and their agencies
The bill would prohibit racial or ethnic profiling and require agencies to adopt written policies, review complaints and collect detailed stop data.
People subjected to racial or ethnic profiling
The bill would allow them to sue law enforcement agencies for damages or injunctive relief, with potential awards of costs and reasonable attorney fees.
New York State attorney general
The bill would authorize lawsuits against law enforcement agencies over racial profiling and require agencies to provide specified records upon demand and notice.
Division of Criminal Justice Services
The bill would require the division to develop reporting forms, collect agency data and provide a public data system and annual reports without revealing individuals’ identities.
Headline styles
Ban Racial Profiling by Police
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 1137a
- Amend and recommit to finance
- 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 Racial Profiling
In Senate Committee · Rules · Sponsor Rodneyse Bichotte Hermelyn
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1137--A
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. BENJAMIN, BAILEY, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- recommitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to ethnic or racial profiling
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-u to read as follows:
§ 837-u. Ethnic and racial profiling. 1. For the purposes of this section:
(a) "Law enforcement agency" means an agency established by the state or a unit of local government engaged in the prevention, detection, or investigation of violations of criminal law.
(b) "Law enforcement officer" means a police officer or peace officer, as defined in subdivisions thirty-three and thirty-four of section 1.20 of the criminal procedure law, employed by a law enforcement agency.
(c) "Racial or ethnic profiling" means the practice of a law enforcement agent or agency, relying, to any degree, on actual or perceived race, color, ethnicity, national origin or religion in selecting which individual or location to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a specific person or location with a particular characteristic described in this paragraph to an identified criminal incident or scheme.
(d) "Routine or spontaneous investigatory activities" means the following activities by a law enforcement agent:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00225-03-0
S. 1137--A 2
(i) Interviews;
(ii) Traffic stops;
(iii) Pedestrian stops;
(iv) Frisks and other types of body searches;
(v) Consensual or nonconsensual searches of persons, property or possessions (including vehicles) of individuals;
(vi) Data collection and analysis, assessments and investigations; and
(vii) Inspections and interviews.
2. Every law enforcement agency and every law enforcement officer shall be prohibited from engaging in racial or ethnic profiling.
3. Every law enforcement agency shall promulgate and adopt a written policy which prohibits racial or ethnic profiling. In addition, each such agency shall promulgate and adopt procedures for the review and the taking of corrective action with respect to complaints by individuals who allege that they have been the subject of racial or ethnic profiling. A copy of each such complaint received pursuant to this section and written notification of the review and disposition of such complaint shall be promptly provided by such agency to the division.
4. Each law enforcement agency shall, using a form to be determined by the division, record and retain the following information with respect to law enforcement officers employed by such agency:
(a) the number of persons stopped as a result of a motor vehicle stop for traffic violations and the number of persons stopped as a result of a routine or spontaneous law enforcement activity as defined in this section;
(b) the characteristics of race, color, ethnicity, national origin or religion of each such person, provided the identification of such characteristics shall be based on the observation and perception of the officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped;
(c) if a vehicle was stopped, the number of individuals in the stopped motor vehicle;
(d) the nature of the alleged violation that resulted in the stop or the basis for the conduct that resulted in the individual being stopped;
(e) whether a pat down or frisk was conducted and, if so, the result of the pat down or frisk;
(f) whether a search was conducted and, if so, the result of the search;
(g) if a search was conducted, whether the search was of a person, a person's property, and/or a person's vehicle, and whether the search was conducted pursuant to consent and if not, the basis for conducting the search including any alleged criminal behavior that justified the search;
(h) whether an inventory search of such person's impounded vehicle was conducted;
(i) whether a warning or citation was issued;
(j) whether an arrest was made and for what charge or charges;
(k) the approximate duration of the stop; and
(l) the time and location of the stop.
5. Every law enforcement agency shall compile the information set forth in subdivision four of this section for the calendar year into a report to the division. The format of such report shall be determined by the division. The report shall be submitted to the division no later than March first of the following calendar year.
6. The division, in consultation with the attorney general, shall develop and promulgate:
S. 1137--A 3
(a) A form in both printed and electronic format, to be used by law enforcement officers to record the information listed in subdivision four of this section; and
(b) A form to be used to report complaints pursuant to subdivision three of this section by individuals who believe they have been subjected to racial or ethnic profiling.
7. Every law enforcement agency shall promptly make available to the attorney general, upon demand and notice, the documents required to be produced and promulgated pursuant to subdivisions three, four and five of this section.
8. Every law enforcement agency shall furnish all data/information collected pursuant to subdivision four of this section to the division. The division shall develop and implement a plan for a computerized data system for public viewing of such data and shall publish an annual report on data collected for the governor, the legislature, and the public on law enforcement stops. Information released shall not reveal the identity of any individual.
9. The attorney general may bring an action on behalf of the people for injunctive relief and/or damages against a law enforcement agency that is engaging in or has engaged in an act or acts of racial profiling in a court having jurisdiction to issue such relief. The court may award costs and reasonable attorney fees to the attorney general who prevails in such an action.
10. In addition to a cause of action brought pursuant to subdivision nine of this section, an individual who has been the subject of an act or acts of racial profiling may bring an action for injunctive relief and/or damages against a law enforcement agency that is engaged in or has engaged in an act or acts of racial profiling. The court may award costs and reasonable attorney fees to a plaintiff who prevails in such an action.
11. Nothing in this section shall be construed as diminishing or abrogating any right, remedy or cause of action which an individual who has been subject to racial or ethnic profiling may have pursuant to any other provision of law.
§ 2. This act shall take effect immediately; provided that:
1. the provisions of subdivision 4 of section 837-u of the executive law as added by section one of this act shall take effect on the ninetieth day after it shall have become a law; and
2. the provisions of subdivision 6 of section 837-u of the executive law as added by section one of this act shall take effect on the sixtieth 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 ethnic or racial profiling
Purpose
The proposed legislation prohibits law enforcement officers from using racial and ethnic profiling establishes a collection of data on stops and creates a course of action based on racial or ethnic profiling..
Summary of provisions
Section 1 amends the executive law by creating a new section 837-t; Subdivision one contains definitions.
Read the full memo (1,017 words)
Subdivision two prohibits law enforcement agencies and law enforcement officers from engaging in racial or ethnic profiling. Subdivision three requires every law enforcement agency to promulgate and adopt an anti- racial profiling policy as well as procedures for reviewing complaints of racial or ethnic profiling. A copy of each complaint and a written summary of the disposition would be required to be forwarded to the division of criminal justice services.
Subdivision four requires each law enforcement agency to collect and maintain data with respect to their civilian interactions while conduct- ing routine and spontaneous investigatory activities.
Subdivision five requires every law enforcement agency to compile the data collected and forward an annual report to the division of criminal justice services by March 1st of each year.
Subdivision six requires the division of criminal justice services in consultation with the Attorney General to promulgate necessary forms for the police agencies to use in their data collection.
Subdivision seven requires every law enforcement agency to make docu- ments required by this bill available to the Attorney General upon notice and demand.
Subdivision eight requires every law enforcement agency to provide all the collected data required by this proposal be made available to the division of criminal justice services. The division would then implement a computerized data system for public viewing of such data and would publish an annual report on law enforcement stops without revealing the identity of any individuals.
Subdivisions nine and ten provide a right of action for injunctive relief and/or for damages to be brought by a private citizen who has been the victim of racial profiling or by the Attorney General on behalf of the people against a law enforcement agency that has engaged in racial or ethnic profiling. Subdivision eleven would establish that this section does not diminish or abrogate any other right, remedy or cause of action which an individual who has been the subject of racial profil- ing may have.
Section 2 - contains the effective date.
Justification
The unconstitutional use of race or ethnicity as criteria has become the focus of many civil and human rights groups. The practice is commonly known as "racial profiling." Blacks, Hispanics, Muslims, and other minority groups have long been victims of biased and unjustified stops by law enforcement officers. This consequently has had a corrosive effect on the relations between police and the minority communities and is of no benefit in reducing crime. In the first three quarters of 2016 (January - September), New Yorkers were stopped by the police 10,171 times. The demographics of those stopped were as follows: 54 percent were black (5,401), 29 percent were Latino (2,944), and 10 percent were white (1,042). Ultimately 76 percent of these stops (7,758) did not result in an arrest and the individual was innocent. These statistics show the racial bias inherent in police stops and this practice's ulti- mate ineffectiveness.
The issue of racial profiling has gained national attention as courts have recently found law enforcement agencies to be engaging in unconsti- tutional practices. The Center for Constitutional Rights filed the federal class action lawsuit Floyd, et al. v. City of New York, et al. against the City of New York to challenge the New York Police Depart- ment's practices of racial profiling and unconstitutional stop and frisks of New York City residents. The named plaintiffs in the case David Floyd, David Ourlicht, Lalit Clarkson, and Deon Dennis - represent the thousands of primarily Black and Latino New Yorkers who have been stopped without any cause on the way to work or home from school, in front of their house, or just walking down the street. In a historic ruling on August 12, 2013, following a nine-week trial, a federal judge found the New York City Police Department liable for a pattern and prac- tice of racial profiling and unconstitutional stops. Under a new admin- istration, the City agreed to drop its appeal and begin the joint reme- dial process ordered by the court.
The Floyd case stems from the landmark racial profiling case, Daniels, et al. v. City of New York, et al., which led to the disbanding of the infamous Street Crime Unit and a settlement with the City in 2003. The Daniels settlement agreement required the NYPD to maintain a written racial profiling policy that complies with the United States and New York State constitutions and to provide stop-and-frisk data to CCR on a quarterly basis from 2003 through 2007.
Despite these significant cases, racial profiling is still a practice that is rampantly engaged in by law enforcement agencies across the state. In light of such circumstances, it has become paramount for New York to address the issue of racial profiling before it further contin- ues to undermine the collaborative relationship between communities of color and New York law enforcement officers. This legislation aims to resolve the problem by prohibiting police officers from using racial and ethnic profiling, b establishing policies and procedures to collect data on racial and ethnic profiling and by establishing a statewide public data base containing the collected data which will promote law enforce- ment integrity as well as to promote community support, particularly minority communities, for law enforcement officers..
Legislative history
2017-18: S.6555/A.4879
2015-2016: A 3949
2013-2014: A.2941
2011-2012; A.2288
2009-10: A.1676A
2007-08: A.627
2005-06: A.2456A
2003-04: A.11542.
Fiscal implications
Related to the promulgation of regulations, the collection of data, the publishing of an annual report and the establishment of the public data base.
Local fiscal implications
None
Effective date
This act shall take effect immediately, with subdivision 4 taking effect in 90 days and subdivision 6 taking effect in 60.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.