What's happening
This bill prohibits racial profiling during traffic stops by law enforcement and requires data collection and reporting on such stops.
Why it matters
Mandates police departments to implement written policies explicitly prohibiting stops, detentions, or searches based solely on race, color, ethnicity, age, gender, or sexual orientation. This goes beyond just racial profiling by including other personal characteristics, aiming to reduce a broader range of discriminatory policing.
Establishes detailed data collection requirements for every traffic stop, including perceived race, color, ethnicity, gender, age, and the outcome of the stop. This data, based on the officer’s observations, must be reported annually and allows for analysis of trends, making it possible to identify and address patterns of bias.
Creates accountability measures by requiring reporting and review of complaints about profiling, with potential penalties—including withholding state funding—for agencies that fail to comply. This puts real consequences in place for non-compliance, incentivizing departments to follow the law and investigate misconduct.
Empowers the Division of Criminal Justice Services to review traffic stop data, analyze trends, and report to state leadership with recommendations for further action. This central review process aims to ensure transparency and supports ongoing reforms by informing policymakers and the public.
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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 Co-sponsors
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 Racial Profiling Traffic Stops
In Assembly Committee · Governmental Operations · Sponsor N. Nick Perry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3252
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sens. PARKER, BAILEY, RIVERA -- 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 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 twenty-one, 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.
LBD02412-01-9
S. 3252 2
(b) Commencing on January first, two thousand twenty-one, 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 twenty, 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-two, 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 twenty-one, 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.
Sponsor's memo
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 profil- ing; 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, essen- tially, five new provisions;
*Defines racial profiling as the detention, interdiction or other dispa- rate 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 legis- lation requiring that data be collected on all traffic stops. Connecti- cut 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
2017-18: S. 3079 - Referred to Finance 2015-16: S.935 - Referred to Finance 2013-20: S.1833A - Amended and Recommit to Finance 2011-12: S.1496A - Referred to Finance 2009-10: S.2280A - Referred to Finance 2007-08: S.1986 - Referred to Finance 2005-06: S.641 - Referred to Finance 2003-04: S.3128 - Referred to Finance 2001-02: S.1512A - Referred to Finance
Fiscal implications for state and local government
Undetermined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.