BILL NUMBER: S3402
SPONSOR: COMRIE
 
TITLE OF BILL:
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
 
PURPOSE:
This bill requires CCRB to investigate alleged bias-based profiling by
including bias-based profiling among the list of allegation types in its
jurisdiction.
 
SUMMARY OF PROVISIONS:
Section one amends the New York City Charter by specifying bias-based
profiling among the allegations that the CCRB is empowered to investi-
gate.
 
EXISTING LAW:
Paragraph 1 of subdivision (c) of section 440 of the New York City char-
ter empowers the CCRB to receive, investigate, hear, make findings and
recommend action upon complaints by members of the public against
members of the police department that allege misconduct, involving
excessive use of force, abuse of authority, discourtesy, or use of
offensive language, including, but not limited to, slurs relating to
race, ethnicity, religion, gender, sexual orientation and disability.
 
JUSTIFICATION:
The Civilian Complaint Review Board is required to investigate allega-
tions of misconduct by members of the NY city police department. Never-
theless, CCRB explains that it does not pursue allegations of bias-based
profiling because profiling is not among the types of allegations in its
jurisdiction. Of the 71,065 NYPD-recorded cases of stop-and-frisk
between 2015 and 2019, an average of 55.8% victims were black, compared
to an average of 9.6 victims who were white (NYCLU, 2019).
 
LEGISLATIVE HISTORY:
2024: S1846 Comrie/ A5945 Hyndman
2022: S3799A
 
FISCAL IMPLICATIONS:
TBD.
 
LOCAL FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
Immediate.

Statutes affected:
S3402: 440 New York city charter as amended by local law