STATE OF NEW YORK
________________________________________________________________________
2845
2013-2014 Regular Sessions
IN SENATE
January 24, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to prohibiting bias-based
profiling by state and local law enforcement officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Declaration of legislative intent and findings. The legis-
2 lature finds that bias-based policing endangers New York state's long
3 tradition of serving as a welcoming place for people of all backgrounds.
4 The legislature further finds that the people of the state of New York
5 are in great debt to the hard work and dedication of police officers in
6 their daily duties. The name and reputation of these officers should not
7 be tarnished by the actions of those who would commit discriminatory
8 practices.
9 The legislature expresses deep concern about the impact of racially
10 discriminatory practices by certain law enforcement agencies. In
11 particular, the legislature expresses concern about the New York state
12 police's growing reliance on stop-and-frisk tactics and the impact of
13 this practice on communities of color. In doing so, it is the legisla-
14 ture's intention to protect the personal privacy of all New Yorkers, to
15 shield police officers from false claims of wrongdoing, and to contrib-
16 ute to the efficiency and effectiveness of our criminal justice system.
17 § 2. The executive law is amended by adding a new article 13-B to
18 read as follows:
19 ARTICLE 13-B
20 CONSENT PRIOR TO CONDUCTING SEARCHES
21 Section 268. Proof of consent prior to conducting searches.
22 269. Report.
23 § 268. Proof of consent prior to conducting searches. 1. Prior to
24 conducting a search of a person, or of a person's vehicle, home, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07095-01-3
S. 2845 2
1 belongings that is not pursuant to a warrant, incident to an arrest, or
2 supported by probable cause, law enforcement officers shall:
3 a. Articulate, in a language and manner understood by the person, that
4 the person is being asked to voluntarily consent to a search and that he
5 or she has the right to refuse consent;
6 b. Create an audio or written and signed record of the person's
7 consent, which shall include:
8 (i) a statement that the person understands that he or she may refuse
9 consent;
10 (ii) a statement that the person is freely and voluntarily providing
11 consent;
12 (iii) a statement that the person understands that he or she may with-
13 draw the consent at any time during the search;
14 (iv) the time and date of the search;
15 (v) the name or names and badge number or numbers of all law enforce-
16 ment officers involved in the search; and
17 (vi) the make and registration number of the vehicle to be searched,
18 if applicable.
19 2. After providing the advisement and creating the record of consent
20 to search, a law enforcement officer may conduct the search.
21 3. A copy of the consent record shall be provided to the person who
22 consented to the search.
23 4. If during legal proceedings a defendant moves to suppress evidence
24 obtained in the course of the search, failure to comply with the
25 requirements of this section shall be considered a factor in determining
26 the voluntariness of the consent.
27 § 269. Report. The New York state police and each local law enforce-
28 ment agency shall submit to the legislature on an annual basis a report
29 based on the records created under section two hundred sixty-eight of
30 this article. Such report shall include the total number of searches
31 conducted under such section, broken down by each precinct or troop
32 division and by the race, ethnicity, sex, and age of the person
33 searched. Such a report shall also include the total number of searches
34 declined by individuals under this section.
35 § 3. Separability. If any clause, sentence, paragraph, section or
36 part of this article shall be adjudged by any court of competent juris-
37 diction to be invalid, such judgment shall not affect, impair or invali-
38 date the remainder thereof, but shall be confined in its operation to
39 the clause, sentence, paragraph, section or part thereof directly
40 involved in the controversy in which such judgment shall have been
41 rendered.
42 § 4. This act shall take effect on the ninetieth day after it shall
43 have become a law.
