Bill Text: NY S04388 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to racial and ethnic impact statements on bills.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-03-11 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04388 Detail]

Download: New_York-2019-S04388-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4388
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 11, 2019
                                       ___________
        Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
          and  when  printed  to be committed to the Committee on Investigations
          and Government Operations
        AN ACT to amend the legislative law, in relation to  racial  and  ethnic
          impact statements on bills
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "racial and
     2  ethnic equity act of 2019".
     3    § 2. Legislative findings  and  intent.  The  legislature  finds  that
     4  minorities are historically overrepresented in the New York correctional
     5  population  and  that adverse racial disparities occur at every stage of
     6  the criminal justice system. Black people  are  dramatically  overrepre-
     7  sented  in  New  York's correctional population. In 2015, they accounted
     8  for only 17.6 percent of the state's total population. Yet, as of  Janu-
     9  ary  2016,  black  people made up 49 percent of the total offender popu-
    10  lation under custody. Latinos are also overrepresented  in  the  correc-
    11  tional population. In 2015, they accounted for 18.8 percent of the state
    12  population and, in 2016, just under a quarter of the offender population
    13  under  custody.  While the state of New York has effectively reduced the
    14  total prison population through the adoption of alternative to incarcer-
    15  ation programs and other forms  of  diversion,  the  racially  disparate
    16  correctional  population  remains an indefatigable aspect of the justice
    17  system. The role of New York State Permanent Commission on Sentencing is
    18  to evaluate sentencing laws and practices  and  recommend  reforms  that
    19  will improve the quality and effectiveness of statewide sentencing poli-
    20  cy;  however, this entity does not evaluate the role of sentencing stat-
    21  utes on racial and ethnic minorities.
    22    In New York State, black children are overrepresented at each stage of
    23  the child welfare process.  Additionally,  Black,  Hispanic  and  Native
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05967-01-9

        S. 4388                             2
     1  American  children have higher rates of involvement in each stage of the
     2  child welfare system than white children.
     3    A plausible cause of the continued racial disparities is the enactment
     4  of  criminal  justice,  public  benefits, and social welfare legislation
     5  without review of the potential impacts on minority populations.   Race-
     6  neutral  legislation  can  have  adverse  disparate  effects on minority
     7  groups in practice. New York State can  remedy  this  through  requiring
     8  racial ethnic impact statements for all legislation that will potential-
     9  ly  increase  the  correctional population, create a new offense, change
    10  the penalty for an existing offense,  change  the  existing  sentencing,
    11  parole  or  probation procedures, increase the child welfare population,
    12  and change social service laws  as  they  relate  to  access  to  public
    13  assistance.
    14    § 3. The legislative law is amended by adding three new sections 52-a,
    15  52-b and 52-c to read as follows:
    16    §  52-a.  Racial and ethnic impact statements on qualifying bills.  1.
    17  As used in this section:
    18    (a) The term "affected population" shall mean the  correctional  popu-
    19  lation,  the  public  assistance  population, or the child welfare popu-
    20  lation.
    21    (b) The term "correctional population" shall mean  the  population  of
    22  persons incarcerated in, but not limited to, prison, jail, or facilities
    23  operated  by  the  office  of  children and family services, and persons
    24  supervised in the community including, but not limited  to,  persons  on
    25  probation,  parole,  post-release  supervision, or persons supervised by
    26  the office of children and family services.
    27    (c) The term "public assistance population" shall mean all persons who
    28  receive public assistance or welfare  including,  but  not  limited  to,
    29  family  assistance,  safety  net assistance, veteran assistance, medical
    30  assistance for needy persons, institutional care for adults  and  child-
    31  care.
    32    (d)  The term "child" shall mean a person actually or apparently under
    33  the age of eighteen years old.
    34    (e) The term "child welfare population" shall mean children placed  in
    35  out-of-home care, foster care, or kinship care.
    36    (f)  The term "impact statement" shall mean a racial and ethnic impact
    37  statement.
    38    (g) The term "minorities" shall mean persons who are members of one of
    39  the following groups:
    40    (i) Black persons having origins in any of the  black  African  racial
    41  groups:
    42    (ii)  Hispanic  persons  of  Mexican,  Puerto Rican, Dominican, Cuban,
    43  Central or South American of either Indian or Hispanic  origin,  regard-
    44  less of race;
    45    (iii)  Native American or Alaskan native persons having origins in any
    46  of the original peoples of North America; and
    47    (iv) Asian and Pacific Islander persons having origins in any  of  the
    48  far  east  countries,  South  East  Asia, the Indian subcontinent or the
    49  Pacific Islands.
    50    (h) The term "qualifying bill" shall mean any bill or amendment  to  a
    51  bill  filed  in  or  after  the effective date of this section which may
    52  affect the racial and ethnic composition of an affected population.
    53    2. Before qualifying bills may be considered by a senate  or  assembly
    54  committee, the chair of the senate or assembly committee shall cause the
    55  bill  to  be  referred  to the division of criminal justice services for
    56  preparation of an impact statement:

        S. 4388                             3
     1    (a) The division of criminal justice services,  in  consultation  with
     2  the  division  of  juvenile  justice  and opportunities for youth, shall
     3  prepare, for each qualifying bill relating to criminal or juvenile  law,
     4  an  impact  statement  clearly  detailing the estimated effect such bill
     5  will have on the racial and ethnic composition of the correctional popu-
     6  lation;
     7    (b)  The  budget,  finance  and data management and analysis division,
     8  within the office of temporary and disability insurance, shall  prepare,
     9  for  each  qualifying  bill relating to public assistance or welfare, an
    10  impact statement clearly detailing the estimated effect such  bill  will
    11  have on the racial and ethnic composition of the public assistance popu-
    12  lation; and/or
    13    (c)  The  office of children and family services, in consultation with
    14  the bureau of strategic partnerships and collaboration,  shall  prepare,
    15  for  each  qualifying  bill relating to child welfare, out-of-home care,
    16  foster care, or kinship care, an impact statement clearly detailing  the
    17  estimated  effect  such bill will have on the racial and ethnic composi-
    18  tion of the child welfare population.
    19    3. In determining the racial and ethnic impacts of a bill,  the  divi-
    20  sion  of  criminal  justice  services  and bureau of data management and
    21  analysis shall, at a minimum, estimate such impacts on the basis of:
    22    (a) Whether and the extent to which the bill would  have  a  disparate
    23  impact on minorities within an affected population and an explanation of
    24  that impact;
    25    (b) The expected impact on each minority;
    26    (c) The impact of the qualifying bill upon:
    27    (i) Correctional facilities;
    28    (ii) Public assistance recipients; or
    29    (iii) Children in out-of-home care, foster care, or kinship care; and
    30    (d) Other matters deemed relevant to the qualifying bill.
    31    4.  The  impact  statement  must include the source or sources of data
    32  relied upon to determine the estimated impacts. Such data  sources  must
    33  include, but are not limited to:
    34    (a)  Criminal justice statistics from the division of criminal justice
    35  services for qualifying bills relating to criminal or juvenile law;
    36    (b) Resources and data from the office  of  temporary  and  disability
    37  assistance  for  qualifying  bills  relating  to  public  assistance  or
    38  welfare; and/or
    39    (c) Data and information from the following groups:  state  and  local
    40  agencies,  including  the  office  of  children and family services, the
    41  office of court administration, the office of the New York city criminal
    42  justice coordinator, the New York  city  administration  for  children's
    43  services and the New York city police department.
    44    5.  Estimated or actual racial and ethnic impacts disclosed under this
    45  section shall be reported at statistical comparisons in the form of rate
    46  per ten thousand or one hundred thousand people, number of people, share
    47  of population, or any other appropriate, convenient or  accessible  unit
    48  or units of measurement.
    49    6.  The  impact  statement shall, at a minimum, reflect the racial and
    50  ethnic impact on an affected population for no less  than  three  fiscal
    51  years following adoption of such bill.
    52    7.  If  the estimates contained in an impact statement are inaccurate,
    53  such inaccuracies shall not affect, impair, or invalidate such bill.
    54    8. An impact statement required to  be  prepared  under  this  section
    55  shall  be  made  and  shall  remain a part of the bill it describes, and
    56  shall be affixed to the bill before it is laid upon the  members'  desks

        S. 4388                             4
     1  for  consideration, in committee or on the senate or assembly floor, and
     2  the governor's desk for approval.
     3    9.  (a) If a senate or assembly bill is called up for final passage in
     4  the senate or assembly and an impact statement is required  by  subdivi-
     5  sion  two  of  this section and has not been provided by the division of
     6  criminal justice services or the bureau of data management and analysis,
     7  the presiding officer of the senate or house  of  representatives  shall
     8  cause  the  bill  to  be  referred  to  the division of criminal justice
     9  services or the bureau of data management and analysis for the  prepara-
    10  tion  of  an  impact  statement, which shall be filed with the presiding
    11  officer and affixed to the bill at least five days  prior  to  the  bill
    12  again being called up for final passage.
    13    (b)  Such  bill  shall  not be called back up for final action until a
    14  racial impact statement has been filed with the presiding officer.
    15    § 52-b. Impact statements  indicating  disparate  adverse  impacts  on
    16  minorities.  1. (a) If an impact statement, as defined in section fifty-
    17  two-a of this article, indicates a disparate adverse impact  on  minori-
    18  ties,  as defined in section fifty-two-a of this article, the sponsor of
    19  the bill shall consider whether the bill may be amended to  achieve  its
    20  purpose with a lessened impact on minorities.
    21    (b)  If  a bill is amended to lessen its adverse impact on minorities,
    22  the sponsor of the bill shall identify in writing, in the bill and as an
    23  appendix to the impact statement, the methodology  used  to  lessen  the
    24  impact on minorities in the amended proposal.
    25    2.  If  the sponsor of the bill elects not to amend the bill or if the
    26  impact statement for an amended bill continues to indicate  a  disparate
    27  adverse impact on minorities, the sponsor of the bill shall:
    28    (a) Withdraw the bill; or
    29    (b)  Identify in writing, in the bill and in an appendix to the impact
    30  statement, his or her reasoning for proceeding with the bill despite the
    31  disparate impact.
    32    § 52-c. Notice of proposed racial  and  ethnic  impact  statement.  1.
    33  Impact  statements,  as  defined in section fifty-two-a of this article,
    34  shall be made available to the public in the same manner that  the  text
    35  of bills are made available to the public.
    36    2.  Prior  to  affixing  an  impact  statement to a bill, the proposed
    37  impact statement shall be published and the public shall be afforded  an
    38  opportunity to submit comments on it.
    39    3.  The  notice  of  a  proposed impact statement must be published at
    40  least thirty days prior to the first committee vote on the bill.
    41    4. If an impact statement pursuant to  subdivision  eight  of  section
    42  fifty-two-a of this article is not provided until a bill is first called
    43  up  for  final passage the notice of a proposed impact statement must be
    44  published at least five days prior to the bill being  called  again  for
    45  final passage in the senate or assembly.
    46    § 4. This act shall take effect immediately.
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