Bill Text: NY S01846 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands the investigative powers of the Civilian Complaint Review Board to include complaints alleging bias-based profiling.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CITIES 1 [S01846 Detail]

Download: New_York-2023-S01846-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1846

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by  Sens. COMRIE, JACKSON -- read twice and ordered printed,
          and when printed to be committed to the Committee on Cities 1

        AN ACT to amend the New York city charter, in relation to expanding  the
          investigative  scope of the Civilian Complaint Review Board to include
          allegations of biased-based profiling

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  1 of subdivision (c) of section 440 of the New
     2  York city charter, as amended by local law 24 of the city  of  New  York
     3  for the year 2022, is amended to read as follows:
     4    1.  The board shall have the power to receive, investigate, hear, make
     5  findings and recommend action upon complaints by members of  the  public
     6  or  complaints  initiated  by  the  board  against members of the police
     7  department that allege  bias-based  profiling  or  misconduct  involving
     8  excessive use of force, abuse of authority including bias-based policing
     9  and racial profiling, discourtesy, or use of offensive language, includ-
    10  ing,  but  not  limited to, slurs relating to race, ethnicity, religion,
    11  gender, sexual orientation and disability. The board shall also have the
    12  power to investigate, hear, make findings and recommend action regarding
    13  the truthfulness of any material official statement made by a member  of
    14  the  police  department  who  is  the subject of a complaint received or
    15  initiated by the board, if such statement was made during the course  of
    16  and  in  relation to the board's resolution of such complaint. The find-
    17  ings and recommendations of the board, and the basis therefor, shall  be
    18  submitted to the police commissioner. No finding or recommendation shall
    19  be  based solely upon an unsworn complaint or statement, nor shall prior
    20  unsubstantiated, unfounded or withdrawn complaints be the basis for  any
    21  such  finding  or  recommendation.    For the purposes of this paragraph
    22  "bias-based profiling" shall mean an act by a member  of  the  New  York
    23  city  police  department  or  any  other  New  York city law enforcement
    24  professional who rely on actual  or  perceived  race,  national  origin,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03627-01-3
        S. 1846                             2

     1  color,  creed,  age,  immigration  or citizenship status, gender, sexual
     2  orientation, disability or housing status as the determinative factor in
     3  initiating law enforcement action against an individual, rather than  an
     4  individual's behavior or other information or circumstances that links a
     5  person or persons to suspected unlawful activity.
     6    § 2. This act shall take effect immediately.