New York A 3475: Prohibits law enforcement officers from using bias-based profiling

Bill Text

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A03475 Summary:

BILL NOA03475 

&nbsp

SAME ASSAME AS S01350

&nbsp

SPONSORBichotte Hermelyn

&nbsp

COSPNSRPeoples-Stokes, Walker, Cook, Dinowitz, Hevesi, Rosenthal, Reyes, Barrett, Simon, Rozic, Epstein,
 Colton, Hunter, Seawright, Glick, Taylor, Vanel, Otis, Bronson, Carroll R, Cruz, Hyndman, Jacobson,
 Ramos, Steck, Kim, Zinerman, Jackson, Gonzalez-Rojas, Lavine, Kelles, Gibbs, Davila, Alvarez

&nbsp

MLTSPNSR

&nbsp

Add §837-y, Exec L

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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.

Go to top A03475 Actions:

BILL NOA03475 

&nbsp

01/28/2025referred to codes

02/04/2025reported referred to ways and means

01/07/2026referred to ways and means

Go to topA03475 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:02/04/2025AYE/NAY:14/6 Action: Favorable refer to committee Ways and Means DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinExcusedTannousisNay

HevesiExcusedAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA03475 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03475 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3475

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 28, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN, PEOPLES-STOKES, WALKER, COOK,
 DINOWITZ, HEVESI, ROSENTHAL, REYES, BARRETT, SIMON, ROZIC, EPSTEIN,
 COLTON, HUNTER, SEAWRIGHT, GLICK, TAYLOR, VANEL, OTIS, BRONSON,
 R. CARROLL, CRUZ, HYNDMAN, JACOBSON, RAMOS, STECK, KIM, ZINERMAN,
 JACKSON, GONZALEZ-ROJAS, LAVINE, KELLES, GIBBS, DAVILA -- read once
 and referred 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:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04037-01-5

 A. 3475 2

 1 (i) The stop of a vehicle 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 (ii) The stop of a pedestrian that, based on a totality of the circum-
 5 stances, would make a reasonable person feel that they are not free to
 6 leave or otherwise terminate the encounter;
 7 (iii) Frisks and other types of body searches; and
 8 (iv) Consensual or nonconsensual searches of persons, property or
 9 possessions (including vehicles) of individuals.
 10 (e) "Politi