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:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A11177A          REPLACEMENT 7/15/10
 
SPONSOR: Jeffries (MS)
  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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        11177--A
                                                                   R. R. 113
 
                   IN ASSEMBLY
 
                                      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    § 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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