A11177 Summary:

BILL NO    A11177A

SAME AS    SAME AS S07945-A

SPONSOR    Jeffries (MS)

COSPNSR    Aubry, Millman, Christensen, Peoples-Stokes, Benjamin, Gibson,
           Crespo, Robinson, Rivera N, Perry, Camara, Rosenthal, Jaffee

MLTSPNSR   Farrell, Glick, Gottfried, Lifton, Ortiz, Reilly, Towns

Amd S140.50, CP L

Prohibits the electronic recording of certain information identifying
information of a person subjected to temporary questioning or search in a
public place by police officers.
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A11177 Actions:

BILL NO    A11177A

05/24/2010 referred to codes
06/03/2010 reported referred to rules
06/14/2010 reported 
06/14/2010 rules report cal.113
06/14/2010 ordered to third reading rules cal.113
06/17/2010 amended on third reading (t) 11177a
06/29/2010 substituted by s7945a
           S07945  AMEND=A  ADAMS
           05/25/2010 REFERRED TO CODES
           06/08/2010 1ST REPORT CAL.861
           06/09/2010 2ND REPORT CAL.
           06/10/2010 ADVANCED TO THIRD READING 
           06/18/2010 AMENDED ON THIRD READING (T) 7945A
           06/23/2010 PASSED SENATE
           06/23/2010 DELIVERED TO ASSEMBLY
           06/23/2010 referred to codes
           06/29/2010 substituted for a11177a
           06/29/2010 ordered to third reading rules cal.113
           06/29/2010 passed assembly
           06/29/2010 returned to senate
           07/06/2010 DELIVERED TO GOVERNOR
           07/16/2010 SIGNED CHAP.176
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A11177 Memo:

BILL NUMBER:A11177A           REPLACEMENT 7/15/10

TITLE OF BILL:  An act to amend the criminal procedure law, in relation
to temporary questioning of persons in public places in cities with a
population of one million or more

PURPOSE: To protect the privacy and due-process rights of innocent New
Yorkers who are stopped by the police and subsequently released without
further legal action.

SUMMARY OF PROVISIONS: This bill prohibits the police from entering into
an electronic database the personal identifiers of individuals who have
been stopped and/or frisked by police and released without any further
legal action. This provision does not prohibit police from entering into
an electronic database generic identifiers, such as gender, race, and
location of the stop.

JUSTIFICATION:  New York City police routinely stop, question, and frisk
New Yorkers at alarmingly high rates. Most of those stopped are
completely innocent of wrongdoing. And of the hundreds of thousands of
law-abiding New Yorkers stopped every year, the vast majority are black
and Latino. In 2009, for example, the NYPD stopped 574,304 individuals.
Of those who were the subject of a police stop that year, nearly ninety
percent were people of color and nine of every ten persons stopped were
released without any further legal action taken against them. NYPD data
demonstrate that the police have conducted 2.5 million stops since
2005.(1)

However, the problem of excessive and unjustified street stops is
exacerbated by the NYPD's practice of entering into an electronic data-
base the personal information - including names and addresses - of the
millions of innocent people stopped by the police. These individuals are
now permanently under police suspicion and surveillance.

There is no legitimate justification for such a database. According to
the NYPD, the database is maintained for use in future investigations.
But New York City Council Speaker Christine Quinn and Public Safety
Committee Chair Peter F. Vallone, Jr., have pointed out in a letter to
NYPD Commissioner Raymond Nally that archiving in a database information
about persons who are innocent of wrongdoing "raises significant privacy
right concerns and suggests that these innocent people are more likely
to be targeted in future criminal investigations." And the gross racial
disparities in the population subject to a polite stop suggest that it
will be black and brown New Yorkers who will be implicated without legal
justification in those future criminal investigations. No police depart-
ment in New York State should maintain a database of innocent New York-
ers. This bill would prohibit the police from entering into an electron-
ic database personal information - such as name, social security number,
and address - of innocent individuals who are stopped by the police and
released without further legal action taken against them.

This statutory prohibition is needed to protect the privacy and due
process rights of the hundreds of thousands of innocent New Yorkers who
are stopped and released each year.

FISCAL IMPLICATIONS: None to State.

LOCAL FISCAL IMPLICATIONS: Nominal administrative fees for change.

EFFECTIVE DATE: This act shall take effect immediately.

FOOTNOTE:  (1) According to NYPD data provided, to the New York City
Council, the police in 2008 stopped 531,159 New Yorkers, 68-percent of
whom were released without further legal action taken of those stooped,
51 Percent were black. 32 percent were Latino, and 11 percent were
white. In 2007, 468,732 New Yorkers were stopped by the police, 87
percent of whom were innocent of wrongdoing. Of those stopped, 52
percent were black, 31 percent were Latino, and 11 percent were white.
In 2006, 509,510 New Yorkers were stopped by the police, 90 percent of
whom were innocent of wrongdoing. Of those stopped, 53 percent were
black, 29 percent were Latino, and 11 percent were white. In 2005,
399,043 New Yorkers were stopped by the police, 28 percent of whom were
innocent of wrongdoing. Of those stopped, 49 percent were black, 29
percent were Latino, and 10 percent were white.
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A11177 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                       11177--A
                                                                  R. R. 113

                                 I N  A S S E M B L Y

                                     May 24, 2010
                                      ___________

       Introduced   by   M.   of  A.  JEFFRIES,  AUBRY,  MILLMAN,  CHRISTENSEN,
         PEOPLES-STOKES, BENJAMIN, GIBSON, CRESPO, ROBINSON, N. RIVERA,  PERRY,
         CAMARA  --  Multi-Sponsored  by -- M. of A. FARRELL, GLICK, GOTTFRIED,
         LIFTON, ORTIZ, REILLY, TOWNS -- read once and referred to the  Commit-
         tee  on Codes -- reported from committee, advanced to a third reading,
         amended and ordered reprinted, retaining its place  on  the  order  of
         third reading

       AN  ACT  to  amend  the criminal procedure law, in relation to temporary
         questioning of persons in public places in cities with a population of
         one million or more

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 140.50 of the criminal procedure law is amended by
    2  adding a new subdivision 4 to read as follows:
    3    4. IN CITIES WITH A POPULATION OF ONE  MILLION  OR  MORE,  INFORMATION
    4  THAT  ESTABLISHES  THE  PERSONAL  IDENTITY OF AN INDIVIDUAL WHO HAS BEEN
    5  STOPPED, QUESTIONED AND/OR FRISKED BY A POLICE OFFICER OR PEACE OFFICER,
    6  SUCH AS THE NAME, ADDRESS OR SOCIAL  SECURITY  NUMBER  OF  SUCH  PERSON,
    7  SHALL  NOT  BE RECORDED IN A COMPUTERIZED OR ELECTRONIC DATABASE IF THAT
    8  INDIVIDUAL IS RELEASED WITHOUT FURTHER LEGAL ACTION; PROVIDED,  HOWEVER,
    9  THAT  THIS SUBDIVISION SHALL NOT PROHIBIT POLICE OFFICERS OR PEACE OFFI-
   10  CERS FROM INCLUDING IN A COMPUTERIZED  OR  ELECTRONIC  DATABASE  GENERIC
   11  CHARACTERISTICS  OF AN INDIVIDUAL, SUCH AS RACE AND GENDER, WHO HAS BEEN
   12  STOPPED, QUESTIONED AND/OR FRISKED BY A POLICE OFFICER OR PEACE OFFICER.
   13    S 2. This act shall take effect immediately.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17469-03-0
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