A04615 Summary:

BILL NOA04615A
 
SAME ASSAME AS S01137-A
 
SPONSORBichotte (MS)
 
COSPNSRHeastie, Peoples-Stokes, Aubry, Gantt, Mosley, Gottfried, Blake, Walker, Cook, Perry, Pretlow, Ortiz, Dinowitz, Lifton, Hevesi, Rosenthal L, Reyes, Zebrowski, Barrett, Wright, Fernandez, Simon, Simotas, Dickens, Rozic, D'Urso, Barnwell, O'Donnell, Epstein, Colton, Jaffee, Richardson, Hunter, Rodriguez, Seawright, Glick, Williams, Taylor, Vanel, Otis, Niou, Arroyo, Bronson, Carroll, Crespo, Cruz, De La Rosa, DenDekker, Hyndman, Jacobson, McDonald, Nolan, Pichardo, Ramos, Steck, Thiele, Kim
 
MLTSPNSR
 
Add §837-u, Exec L
 
Prohibits police officers from using racial and ethnic profiling; requires that a procedure be established for the taking and review of complaints against police officers for racial and ethnic profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.
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A04615 Actions:

BILL NOA04615A
 
02/04/2019referred to codes
04/30/2019reported
05/02/2019advanced to third reading cal.242
01/08/2020ordered to third reading cal.176
01/27/2020amended on third reading 4615a
06/08/2020passed assembly
06/08/2020delivered to senate
06/08/2020REFERRED TO RULES
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A04615 Committee Votes:

CODES Chair:Lentol DATE:04/30/2019AYE/NAY:13/7 Action: Favorable
LentolAyeRaNay
SchimmingerNayGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloNay
CymbrowitzAyePalumboNay
O'DonnellExcusedGarbarinoNay
LavineAye
PerryAye
ZebrowskiExcused
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

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A04615 Floor Votes:

DATE:06/08/2020Assembly Vote  YEA/NAY: 105/39
Yes
Abbate
Yes
Crespo
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
No
Smith
Yes
Abinanti
No
Crouch
ER
Gantt
No
LiPetri
Yes
Perry
Yes
Smullen
Yes
Arroyo
Yes
Cruz
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Solages
Yes
Ashby
Yes
Cusick
No
Giglio
Yes
Magnarelli
Yes
Pichardo
No
Stec
Yes
Aubry
Yes
Cymbrowitz
Yes
Glick
No
Malliotakis
Yes
Pretlow
Yes
Steck
No
Barclay
Yes
Darling
No
Goodell
No
Manktelow
Yes
Quart
Yes
Stern
Yes
Barnwell
Yes
Davila
Yes
Gottfried
Yes
McDonald
No
Ra
Yes
Stirpe
Yes
Barrett
Yes
De La Rosa
Yes
Griffin
No
McDonough
Yes
Ramos
No
Tague
Yes
Barron
Yes
DenDekker
Yes
Gunther
Yes
McMahon
No
Reilly
Yes
Taylor
Yes
Benedetto
No
DeStefano
No
Hawley
No
Mikulin
Yes
Reyes
Yes
Thiele
Yes
Bichotte
Yes
Dickens
Yes
Hevesi
No
Miller B
Yes
Richardson
Yes
Vanel
Yes
Blake
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Rivera
Yes
Walczyk
No
Blankenbush
Yes
Dinowitz
Yes
Hyndman
No
Miller ML
Yes
Rodriguez
Yes
Walker
No
Brabenec
No
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rosenthal D
Yes
Wallace
Yes
Braunstein
Yes
D'Urso
Yes
Jaffee
No
Morinello
Yes
Rosenthal L
No
Walsh
Yes
Bronson
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Englebright
No
Johns
Yes
Niou
Yes
Ryan
Yes
Weprin
Yes
Burke
Yes
Epstein
Yes
Jones
Yes
Nolan
No
Salka
Yes
Williams
Yes
Buttenschon
Yes
Fahy
Yes
Joyner
No
Norris
Yes
Santabarbara
No
Woerner
No
Byrne
Yes
Fall
Yes
Kim
Yes
O'Donnell
No
Sayegh
Yes
Wright
No
Byrnes
Yes
Fernandez
No
Kolb
Yes
Ortiz
ER
Schimminger
Yes
Zebrowski
Yes
Cahill
ER
Finch
No
Lalor
Yes
Otis
Yes
Schmitt
Yes
Mr. Speaker
Yes
Carroll
No
Fitzpatrick
Yes
Lavine
No
Palmesano
Yes
Seawright
Yes
Colton
No
Friend
No
Lawrence
No
Palumbo
Yes
Simon
Yes
Cook
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simotas

‡ Indicates voting via videoconference
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A04615 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4615A
 
SPONSOR: Bichotte (MS)
  TITLE OF BILL: An act to amend the executive law, in relation to ethnic or racial profiling   PURPOSE OR GENERAL IDEA OF BILL: 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 ethic profiling.   SUMMARY OF SPECIFIC PROVISIONS: Section '1 would amend the executive law by creating a new section 837-t; Subdivision one would contain definitions. Subdivision two would prohibit law enforcement agencies and law enforce- ment officers from engaging in racial or ethnic profiling. Subdivision three would require every law enforcement agency to promul- gate 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 would require each law enforcement agency to collect and maintain data with respect to their civilian interactions while conducting routine and spontaneous investigatory activities. Subdivision five would require every law enforcement agency to compile the data collected and forward an annual report to the division of crim- inal justice services by March 1st of each year. Subdivision six would require 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 would require every law enforcement agency to make documents required by this bill available to the Attorney General upon notice and demand. Subdivision eight would require 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 reveal- ing the identity of any individuals. Subdivisions nine and ten would 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 profiling 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- merit'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.   PRIOR LEGISLATIVE HISTORY: 2017-18: A04879; Passed Assembly 2015-2016: A 3949 Passed Assembly 2013-2014: A.2941 Passed Assembly 2011-2012; A.2288 Passed Assembly 2010: A.1676A Passed Assembly 2009 A.1676 Passed Assembly 2007 A.627 Passed Assembly 2005-06 A.2456A Passed Assembly 2003-04 A.11542 Passed Assembly   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.   EFFECTIVE DATE: This act shall take effect immediately, with subdivision 4 taking effect in 90 days and subdivision 6 taking effect in 60.
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A04615 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4615--A
                                                                Cal. No. 176
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2019
                                       ___________
 
        Introduced  by M. of A. BICHOTTE, GANTT, MOSLEY, GOTTFRIED, BLAKE, WALK-
          ER, COOK, PERRY, PRETLOW,  ORTIZ,  DINOWITZ,  LIFTON,  PEOPLES-STOKES,
          HEVESI, L. ROSENTHAL, REYES, ZEBROWSKI, BARRETT, WRIGHT -- Multi-Spon-
          sored  by -- M. of A.  CARROLL, RAMOS -- read once and referred to the
          Committee on Codes -- ordered to a third reading, amended and  ordered
          reprinted, retaining its place on the order of third reading
 
        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  Assem-
        bly, do enact as follows:
 
     1    Section  1. The executive law is amended by adding a new section 837-u
     2  to read as follows:
     3    § 837-u. Ethnic and racial profiling. 1.  For  the  purposes  of  this
     4  section:
     5    (a)  "Law enforcement agency" means an agency established by the state
     6  or a unit of local government engaged in the prevention,  detection,  or
     7  investigation of violations of criminal law.
     8    (b) "Law enforcement officer" means a police officer or peace officer,
     9  as  defined in subdivisions thirty-three and thirty-four of section 1.20
    10  of the criminal procedure law, employed by a law enforcement agency.
    11    (c) "Racial or ethnic profiling" means the practice of a law  enforce-
    12  ment  agent  or  agency,  relying, to any degree, on actual or perceived
    13  race, color, ethnicity, national origin or religion in  selecting  which
    14  individual or location to subject to routine or spontaneous investigato-
    15  ry  activities  or  in  deciding  upon  the  scope  and substance of law
    16  enforcement activity  following  the  initial  investigatory  procedure,
    17  except  when  there is trustworthy information, relevant to the locality
    18  and timeframe, that links a specific person or location with  a  partic-
    19  ular  characteristic described in this paragraph to an identified crimi-
    20  nal incident or scheme.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00225-02-0

        A. 4615--A                          2
 
     1    (d)  "Routine  or  spontaneous  investigatory  activities"  means  the
     2  following activities by a law enforcement agent:
     3    (i) Interviews;
     4    (ii) Traffic stops;
     5    (iii) Pedestrian stops;
     6    (iv) Frisks and other types of body searches;
     7    (v)  Consensual  or  nonconsensual  searches  of  persons, property or
     8  possessions (including vehicles) of individuals;
     9    (vi) Data collection and analysis, assessments and investigations; and
    10    (vii) Inspections and interviews.
    11    2. Every law enforcement agency  and  every  law  enforcement  officer
    12  shall be prohibited from engaging in racial or ethnic profiling.
    13    3.  Every  law enforcement agency shall promulgate and adopt a written
    14  policy which prohibits racial or ethnic  profiling.  In  addition,  each
    15  such agency shall promulgate and adopt procedures for the review and the
    16  taking  of  corrective  action with respect to complaints by individuals
    17  who allege that they have been the subject of racial or  ethnic  profil-
    18  ing. A copy of each such complaint received pursuant to this section and
    19  written  notification  of  the  review and disposition of such complaint
    20  shall be promptly provided by such agency to the division.
    21    4.  Each law enforcement agency shall, using a form to  be  determined
    22  by  the  division,  record  and  retain  the  following information with
    23  respect to law enforcement officers employed by such agency:
    24    (a) the number of persons stopped as a result of a motor vehicle  stop
    25  for  traffic violations and the number of persons stopped as a result of
    26  a routine or spontaneous law enforcement activity  as  defined  in  this
    27  section;
    28    (b)  the characteristics of race, color, ethnicity, national origin or
    29  religion of each such person, provided the identification of such  char-
    30  acteristics  shall  be  based  on  the observation and perception of the
    31  officer responsible for reporting the stop and the information shall not
    32  be required to be provided by the person stopped;
    33    (c) if a vehicle was stopped, the number of individuals in the stopped
    34  motor vehicle;
    35    (d) the nature of the alleged violation that resulted in the  stop  or
    36  the basis for the conduct that resulted in the individual being stopped;
    37    (e)  whether  a pat down or frisk was conducted and, if so, the result
    38  of the pat down or frisk;
    39    (f) whether a search was conducted and,  if  so,  the  result  of  the
    40  search;
    41    (g)  if  a search was conducted, whether the search was of a person, a
    42  person's property, and/or a person's vehicle, and whether the search was
    43  conducted pursuant to consent and if not, the basis for  conducting  the
    44  search  including  any  alleged  criminal  behavior  that  justified the
    45  search;
    46    (h) whether an inventory search of such person's impounded vehicle was
    47  conducted;
    48    (i) whether a warning or citation was issued;
    49    (j) whether an arrest was made and for what charge or charges;
    50    (k) the approximate duration of the stop; and
    51    (l) the time and location of the stop.
    52    5. Every law enforcement agency  shall  compile  the  information  set
    53  forth  in  subdivision four of this section for the calendar year into a
    54  report to the division. The format of such report shall be determined by
    55  the division. The report shall be submitted to  the  division  no  later
    56  than March first of the following calendar year.

        A. 4615--A                          3
 
     1    6.    The  division,  in consultation with the attorney general, shall
     2  develop and promulgate:
     3    (a)  A  form  in both printed and electronic format, to be used by law
     4  enforcement officers to record the  information  listed  in  subdivision
     5  four of this section; and
     6    (b)  A  form  to  be used to report complaints pursuant to subdivision
     7  three of  this  section  by  individuals  who  believe  they  have  been
     8  subjected to racial or ethnic profiling.
     9    7.  Every  law enforcement agency shall promptly make available to the
    10  attorney general, upon demand and notice, the documents required  to  be
    11  produced  and  promulgated pursuant to subdivisions three, four and five
    12  of this section.
    13    8. Every law enforcement agency  shall  furnish  all  data/information
    14  collected  pursuant to subdivision four of this section to the division.
    15  The division shall develop and implement a plan for a computerized  data
    16  system  for  public  viewing  of  such  data and shall publish an annual
    17  report on data collected for the  governor,  the  legislature,  and  the
    18  public  on  law enforcement stops. Information released shall not reveal
    19  the identity of any individual.
    20    9. The attorney general may bring an action on behalf  of  the  people
    21  for  injunctive  relief  and/or damages against a law enforcement agency
    22  that is engaging in or has engaged in an act or acts of racial profiling
    23  in a court having jurisdiction to issue such relief. The court may award
    24  costs and reasonable attorney fees to the attorney general who  prevails
    25  in such an action.
    26    10.  In  addition to a cause of action brought pursuant to subdivision
    27  nine of this section, an individual who has been the subject of  an  act
    28  or  acts  of  racial profiling may bring an action for injunctive relief
    29  and/or damages against a law enforcement agency that is  engaged  in  or
    30  has  engaged in an act or acts of racial profiling.  The court may award
    31  costs and reasonable attorney fees to a plaintiff who prevails  in  such
    32  an action.
    33    11. Nothing in this section shall be construed as diminishing or abro-
    34  gating  any right, remedy or cause of action which an individual who has
    35  been subject to racial or ethnic profiling  may  have  pursuant  to  any
    36  other provision of law.
    37    § 2. This act shall take effect immediately; provided that:
    38    1.  the  provisions of subdivision 4 of section 837-u of the executive
    39  law as added by section one of this act shall take effect on the nineti-
    40  eth day after it shall have become a law; and
    41    2. the provisions of subdivision 6 of section 837-u of  the  executive
    42  law  as added by section one of this act shall take effect on the sixti-
    43  eth day after it shall have become a law.
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A04615 LFIN:

 NO LFIN
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A04615 Chamber Video/Transcript:

5-7-19Video (@ 00:24:30)Transcript pdf Transcript html
1-22-20Video (@ 00:49:54)Transcript pdf Transcript html
1-27-20Video (@ 00:04:21)Transcript pdf Transcript html
6-8-20Video (@ 02:34:47)Transcript pdf Transcript html
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