S 3402: Expands the investigative powers of the Civilian Complaint Review Board to include complaints alleging bias-based profiling.

  
  STATE OF NEW YORK ________________________________________________________________________ 3402 2025-2026 Regular Sessions  IN SENATE January 27, 2025 ___________ Introduced by Sens. COMRIE, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Cities 1 AN ACT to amend the New York city charter, in relation to expanding the investigative scope of the Civilian Complaint Review Board to include allegations of biased-based profiling The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision (c) of section 440 of the New 2 York city charter, as amended by local law 24 of the city of New York 3 for the year 2022, is amended to read as follows: 4 1. The board shall have the power to receive, investigate, hear, make 5 findings and recommend action upon complaints by members of the public 6 or complaints initiated by the board against members of the police 7 department that allege bias-based profiling or misconduct involving 8 excessive use of force, abuse of authority including bias-based policing 9 and racial profiling, discourtesy, or use of offensive language, includ- 10 ing, but not limited to, slurs relating to race, ethnicity, religion, 11 gender, sexual orientation and disability. The board shall also have the 12 power to investigate, hear, make findings and recommend action regarding 13 the truthfulness of any material official statement made by a member of 14 the police department who is the subject of a complaint received or 15 initiated by the board, if such statement was made during the course of 16 and in relation to the board's resolution of such complaint. The find- 17 ings and recommendations of the board, and the basis therefor, shall be 18 submitted to the police commissioner. No finding or recommendation shall 19 be based solely upon an unsworn complaint or statement, nor shall prior 20 unsubstantiated, unfounded or withdrawn complaints be the basis for any 21 such finding or recommendation. For the purposes of this paragraph 22 "bias-based profiling" shall mean an act by a member of the New York 23 city police department or any other New York city law enforcement 24 professional who rely on actual or perceived race, national origin, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05198-01-5 
 S. 3402 2 1 color, creed, age, immigration or citizenship status, gender, sexual 2 orientation, disability or housing status as the determinative factor in 3 initiating law enforcement action against an individual, rather than an 4 individual's behavior or other information or circumstances that links a 5 person or persons to suspected unlawful activity. 6 § 2. This act shall take effect immediately.