Prohibits police officers from using bias-based profiling; requires that a procedure be established for the taking and review of complaints against police officers for bias-based profiling; allows an action for injunctive relief and/or damages to be brought against a law enforcement agency, any agent of a law enforcement agency and the supervisor of an agent.
STATE OF NEW YORK
________________________________________________________________________
1350
2025-2026 Regular Sessions
IN SENATE
January 9, 2025
___________
Introduced by Sens. CLEARE, BAILEY -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes
AN ACT to amend the executive law, in relation to bias-based profiling
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 837-y
2 to read as follows:
3 § 837-y. Bias-based profiling. 1. For the purposes of this section:
4 (a) "Law enforcement agency" means an agency established by the state
5 or a unit of local government engaged in the prevention, detection, or
6 investigation of violations of criminal law.
7 (b) "Law enforcement officer" means a police officer or peace officer,
8 as defined in subdivisions thirty-three and thirty-four of section 1.20
9 of the criminal procedure law, employed by a law enforcement agency.
10 (c) "Bias-based profiling" means the reliance, to any degree, on actu-
11 al or perceived race, color, ethnicity, national origin, immigration or
12 citizenship status, age, religion, gender identity or expression, sexual
13 orientation, mental or physical disability, socioeconomic status, or
14 housing status in selecting which persons to subject to stops, in
15 selecting which locations to subject persons to stops, or in deciding
16 the scope or substance of law enforcement action against a person,
17 except that an officer may consider or rely on characteristics listed in
18 a specific suspect description relevant to the locality and timeframe
19 and based on trustworthy information.
20 (d) "Reportable encounter" means the following activities by a law
21 enforcement officer:
22 (i) The stop of a vehicle that, based on a totality of the circum-
23 stances, would make a reasonable person feel that they are not free to
24 leave or otherwise terminate the encounter;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04037-01-5
S. 1350 2
1 (ii) The stop of a pedestrian that, based on a totality of the circum-
2 stances, would make a reasonable person feel that they are not free to
3 leave or otherwise terminate the encounter;
4 (iii) Frisks and other types of body searches; and
5 (iv) Consensual or nonconsensual searches of persons, property or
6 possessions (including vehicles) of individuals.
7 (e) "Political subdivision" means any county, municipality, depart-
8 ment, commission, district, board, or other public body, whether corpo-
9 rate or otherwise, created by or under state law, that has a law
10 enforcement agency or employs law enforcement officers.
11 2. Every law enforcement agency and every law enforcement officer
12 shall be prohibited from engaging in bias-based profiling.
13 3. Every law enforcement agency shall promulgate and adopt a written
14 policy which prohibits bias-based profiling. The policy shall be made
15 publicly available. In addition, each such agency shall promulgate and
16 adopt procedures for the review and the taking of corrective action with
17 respect to complaints by individuals who allege that they have been the
18 subject of bias-based profiling. The policy shall be made publicly
19 available. In a manner determined by the division in consultation with
20 the attorney general, a copy of each such complaint received pursuant to
21 this section and written notification of the review and disposition of
22 such complaint shall be promptly provided by such agency to the divi-
23 sion. As set forth in subdivision eleven of this section, and at least
24 once annually thereafter, every law enforcement agency shall review the
25 data it has collected pursuant to subdivision four of this section to
26 ensure that its procedures, practices, and training effectively address
27 and prohibit bias-based profiling.
28 4. Each law enforcement agency shall, using a form to be determined
29 by the division in consultation with the attorney general, record and
30 retain the following incident-specific information for each reportable
31 encounter with respect to law enforcement officers employed by such
32 agency:
33 (a) the number of persons stopped;
34 (b) whether the person stopped was in a vehicle at the time of the
35 stop;
36 (c) the characteristics of race, color, ethnicity, national origin,
37 religion, age, gender identity or expression, sexual orientation, and
38 mental or physical disability of each such person, provided the iden-
39 tification of such characteristics shall be based on the observation and
40 perception of the officer responsible for initiating the stop and the
41 information shall not be required to be provided by the person stopped;
42 (d) whether the person stopped appeared to have limited or no English
43 fluency;
44 (e) whether the person stopped appeared to be experiencing a mental or
45 behavioral crisis;
46 (f) whether the officer perceived the person stopped to be experienc-
47 ing homelessness;
48 (g) if a vehicle was stopped, the number of individuals in the stopped
49 vehicle;
50 (h) if a vehicle was stopped, whether the officer ordered any person
51 to exit the vehicle;
52 (i) the reason the stop was initiated;
53 (j) if a search was conducted, whether the search was of a person, a
54 person's property and/or a person's vehicle, whether the search was
55 conducted pursuant to consent, the basis for conducting the search
S. 1350 3
1 including any alleged criminal behavior that justified the search, and
2 what, if any, contraband or evidence was discovered;
3 (k) whether an inventory search of such person's impounded vehicle was
4 conducted;
5 (l) if a search was conducted, whether the officer seized any property
6 and, if so, the type and amount of property that was seized and the
7 basis for the seizure;
8 (m) whether a police dog performed a sniff and, if so, whether the dog
9 alerted to the presence of contraband;
10 (n) whether the officer handcuffed or otherwise physically restrained
11 any person during the stop;
12 (o) whether a warning or citation was issued and, if so, the violation
13 or violations cited;
14 (p) whether an arrest was made and, if so, for what charge or charges;
15 (q) whether the officer used physical force against any person and, if
16 so, the type of force used;
17 (r) whether the officer pointed a firearm or electronic control weapon
18 at any person;
19 (s) whether the encounter resulted in a vehicle or foot pursuit;
20 (t) the approximate duration of the stop;
21 (u) the date, time and location of the stop; and
22 (v) the following information about the officer initiating the stop:
23 (i) the type of assignment to which the officer was assigned;
24 (ii) the officer's years of experience; and
25 (iii) the total number of arrests the officer has made in the past
26 twelve months.
27 5. Each political subdivision covered by this section shall furnish to
28 the division, in a manner that shall be defined and prescribed by the
29 division in consultation with the attorney general, a report which shall
30 include:
31 (a) the total amount spent in the prior year, either by the political
32 subdivision or by any entity on behalf of such political subdivision, on
33 settlements and judgments involving an allegation of law enforcement
34 misconduct, including settlements reached before any lawsuit has been
35 filed, and that shall be broken down by individual settlement or judg-
36 ment, shall specify whether a settlement or judgment is being described,
37 and shall include at a minimum:
38 (i) a brief description of the allegation or claim;
39 (ii) the portion of the settlement or judgment paid directly by the
40 political subdivision;
41 (iii) the portion, if any, paid by insurance, or by a central risk
42 management fund or pool; and
43 (iv) if any portion of the settlement or judgment is paid with bonds,
44 the amount of such bonds, as well as the total future cost of such
45 bonds, including any interest and fees;
46 (b) the total amount, if any, spent on any insurance premiums paid by
47 the political subdivision for insurance against law enforcement miscon-
48 duct;
49 (c) the total amount, if any, that the political subdivision contrib-
50 uted to any central risk management fund or risk pool toward the settle-
51 ment of law enforcement misconduct claims; and
52 (d) any injunctive or declaratory relief awarded, or any comparable
53 terms in any settlement agreement.
54 6. The division, in consultation with the attorney general, shall
55 develop and promulgate:
S. 1350 4
1 (a) A form in both printed and electronic format, to be used by law
2 enforcement officers to record the information listed in subdivision
3 four of this section; and
4 (b) A form to be used to report complaints pursuant to subdivision
5 three of this section by individuals who believe they have been
6 subjected to bias-based profiling.
7 7. Every law enforcement agency shall promptly make available to the
8 attorney general, upon demand and notice, the documents required to be
9 produced and promulgated pursuant to subdivisions three, four, and five
10 of this section.
11 8. The attorney general may bring an action on behalf of the people
12 for injunctive relief and/or damages against a law enforcement agency
13 that is engaging in or has engaged in a pattern or practice of bias-
14 based profiling in a court having jurisdiction to issue such relief. The
15 court may award costs and reasonable attorney fees to the attorney
16 general who prevails in such an action. The attorney general may inves-
17 tigate and, if warranted, bring a civil action for equitable or declara-
18 tory relief against a law enforcement agency that fails to comply with
19 the remaining provisions of this section.
20 9. In addition to a cause of action brought pursuant to subdivision
21 eight of this section, an individual who has been the subject of an act
22 or acts of bias-based profiling may bring an action for injunctive
23 relief and/or damages against a law enforcement agency that is engaged
24 in or has engaged in an act or acts of bias-based profiling. The court
25 may award costs and reasonable attorney fees to a plaintiff who prevails
26 in such an action. In addition, an individual may bring a civil action
27 for equitable or declaratory relief against a law enforcement agency
28 that fails to comply with the remaining provisions of this section.
29 10. Nothing in this section shall be construed as diminishing or abro-
30 gating any right, remedy or cause of action which an individual who has
31 been subject to bias-based profiling may have pursuant to any other
32 provision of law.
33 11. Each law enforcement agency and political subdivision covered by
34 this section shall annually compile and furnish all data and information
35 collected pursuant to subdivisions four and five of this section in a
36 report to the division. The division, in consultation with the attorney
37 general, shall develop and implement a plan for a computerized data
38 system for public viewing of such data and shall publish an annual
39 report on data collected for the governor, the legislature, and the
40 public. Information released publicly shall not reveal the identity of
41 any individual. Any information received by the division shall be made
42 available to the attorney general upon request. Each law enforcement
43 agency and political subdivision covered by this section shall report
44 all information required by subdivisions four and five of this section
45 in accordance with the following schedule:
46 (a) each law enforcement agency that employs one thousand or more law
47 enforcement officers, and each political subdivision that has such an
48 agency, shall issue their first annual reports pursuant to subdivisions
49 four and five of this section no later than fourteen months after the
50 regulations promulgated pursuant to this section have been finalized;
51 (b) each law enforcement agency that employs four hundred or more but
52 less than one thousand law enforcement officers, and each political
53 subdivision that has such an agency, shall issue their first annual
54 reports pursuant to subdivisions four and five of this section no later
55 than two years after the regulations promulgated pursuant to this
56 section have been finalized;
S. 1350 5
1 (c) each law enforcement agency that employs fifty or more but less
2 than four hundred law enforcement officers, and each political subdivi-
3 sion that has such an agency, shall issue their first annual reports
4 pursuant to subdivisions four and five of this section no later than
5 three years after the regulations promulgated pursuant to this section
6 have been finalized; and
7 (d) each law enforcement agency that employs one or more but less than
8 fifty law enforcement officers, and each political subdivision that has
9 such an agency, shall issue their first annual reports pursuant to
10 subdivisions four and five of this section no later than four years
11 after the regulations promulgated pursuant to this section have been
12 finalized.
13 12. No later than one hundred eighty days after the effective date of
14 this section, the division, in consultation with the attorney general,
15 shall adopt regulations for the collection and reporting of data
16 required under this section, in a manner prescribed under section two
17 hundred two of the state administrative procedure act. The regulations
18 adopted shall specify all data to be reported, and provide standards,
19 definitions, and technical specifications not inconsistent with the
20 requirements of this section to ensure uniform reporting practices
21 across all reporting entities. To the extent possible, and consistent
22 with the requirements of this section, such regulations shall be compat-
23 ible with any similar federal data collection or reporting programs.
24 13. Any local legislative body may adopt local laws through local
25 order, and any law enforcement agency may prescribe rules and regu-
26 lations, that impose additional duties and requirements upon law
27 enforcement agencies or law enforcement officers provided such duties
28 and requirements are consistent with the provisions of this section.
29 § 2. This act shall take effect immediately.
