BILL NUMBER: S2624
SPONSOR: PARKER
 
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-x 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:
2021-22: S.3026- Referred to Finance
2019-20: S.3252- Referred to Finance
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.