Bill Text: NY S03117 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to prohibiting bias-based profiling by state and local law enforcement officers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S03117 Detail]

Download: New_York-2017-S03117-Introduced.html

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                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  Assem-
        bly, do enact as follows:
     1    Section  1. Declaration of legislative intent and findings. The legis-
     2  lature finds that bias-based policing endangers New  York  state's  long
     3  tradition of serving as a welcoming place for people of all backgrounds.
     4  The  legislature  further finds that the people of the state of New York
     5  are in great debt to the hard work and dedication of police officers  in
     6  their daily duties. The name and reputation of these officers should not
     7  be  tarnished  by  the  actions of those who would commit discriminatory
     8  practices.
     9    The legislature expresses deep concern about the  impact  of  racially
    10  discriminatory  practices  by  certain  law  enforcement  agencies.   In
    11  particular, the legislature expresses concern about the New  York  state
    12  police's  growing  reliance  on stop-and-frisk tactics and the impact of
    13  this practice on communities of color. In doing so, it is  the  legisla-
    14  ture's  intention to protect the personal privacy of all New Yorkers, to
    15  shield police officers from false claims of wrongdoing, and to  contrib-
    16  ute to the efficiency and effectiveness of our criminal justice system.
    17    §  2.    The  executive law is amended by adding a new article 13-B to
    18  read as follows:
    19                                ARTICLE 13-B
    20                    CONSENT PRIOR TO CONDUCTING SEARCHES
    21  Section 268. Proof of consent prior to conducting searches.
    22          269. Report.
    23    § 268. Proof of consent prior to  conducting  searches.  1.  Prior  to
    24  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
     1  belongings that is not pursuant to a warrant, incident to an arrest,  or
     2  supported by probable cause, law enforcement officers shall:
     3    a. Articulate, in a language and manner understood by the person, that
     4  the person is being asked to voluntarily consent to a search and that he
     5  or she has the right to refuse consent;
     6    b.  Create  an  audio  or  written  and  signed record of the person's
     7  consent, which shall include:
     8    (i) a statement that the person understands that he or she may  refuse
     9  consent;
    10    (ii)  a  statement that the person is freely and voluntarily providing
    11  consent;
    12    (iii) a statement that the person understands that he or she may with-
    13  draw the consent at any time during the search;
    14    (iv) the time and date of the search;
    15    (v) the name or names and badge number or numbers of all law  enforce-
    16  ment officers involved in the search; and
    17    (vi)  the  make and registration number of the vehicle to be searched,
    18  if applicable.
    19    2. After providing the advisement and creating the record  of  consent
    20  to search, a law enforcement officer may conduct the search.
    21    3.  A  copy  of the consent record shall be provided to the person who
    22  consented to the search.
    23    4. If during legal proceedings a defendant moves to suppress  evidence
    24  obtained  in  the  course  of  the  search,  failure  to comply with the
    25  requirements of this section shall be considered a factor in determining
    26  the voluntariness of the consent.
    27    § 269. Report.  The New York state police and each local law  enforce-
    28  ment  agency shall submit to the legislature on an annual basis a report
    29  based on the records created under section two  hundred  sixty-eight  of
    30  this  article.  Such  report  shall include the total number of searches
    31  conducted under such section, broken down  by  each  precinct  or  troop
    32  division  and  by  the  race,  ethnicity,  sex,  and  age  of the person
    33  searched. Such a report shall also include the total number of  searches
    34  declined by individuals under this section.
    35    §  3.  Separability.    If any clause, sentence, paragraph, section or
    36  part of this article shall be adjudged by any court of competent  juris-
    37  diction to be invalid, such judgment shall not affect, impair or invali-
    38  date  the  remainder  thereof, but shall be confined in its operation to
    39  the clause,  sentence,  paragraph,  section  or  part  thereof  directly
    40  involved  in  the  controversy  in  which  such judgment shall have been
    41  rendered.
    42    § 4. This act shall take effect on the ninetieth day  after  it  shall
    43  have become a law.