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Amid flurry of police reform legislation, Bichotte introduces bill against racial profiling

By Sam Bojarski

More than two weeks of mass protest following the death of George Floyd has shifted the national conversation on policing. Lawmakers in Albany have responded by voting on police reform legislation, including a racial profiling and police accountability bill sponsored by Haitian-American assemblymember Rodneyse Bichotte (D-Flatbush, Ditmas Park). 

Bill A04615A, which Bichotte sponsored, passed the assembly on June 8, although the senate has not voted to adopt the bill in its entirety. The legislation requires law enforcement agencies to adopt a written policy prohibiting racial profiling and for agencies to keep detailed records on activities like traffic and pedestrian stops and searches of individuals. Officers would be required to document several details, including the race and ethnicity of individuals they stop, as well as the nature of the alleged violation. Law enforcement must provide this data to the Department of Criminal Justice Services, which would produce an annual report for public viewing. 

The legislation also allows for individuals to file for injunctive relief or damages against a law enforcement agency engaged in racial profiling. 

“Racial profiling by law enforcement has led to a breakdown in the relationship between the community and police. My bill will ensure that members of black and Hispanic communities are not wrongly targeted for the color of their skin,” said Bichotte, in a prepared statement. 

“I strongly believe that once this discriminatory practice is stopped, and the people believe that officers will ‘protect and serve’ all communities then we can begin to heal, trust one another, and work together for the safety and betterment of the community and state of New York,” she also said. 

Protesters demand justice for George Floyd near the corner of Ocean and Parkside avenues, in Brooklyn. Photo credit: Sam Bojarski

Police reform bills by New York state lawmakers have received much media attention this week. Both chambers have voted to repeal civil rights law 50-a, which shields police disciplinary records from the public. Legislation banning police chokeholds is also heading to the desk of Gov. Andrew Cuomo. 

From 2014 to June of 2019, the New York Police Department (NYPD) received nearly 2,500 complaints of racial bias, yet failed to substantiate a single allegation. 

According to Bichotte, law enforcement cannot be charged with policing itself when it comes to racial profiling. 

“Bill A4615A will require the Division of Criminal Justice Services to oversee that police departments are in compliance with this law. We hope that with the reorganization of funds, more of our budget can be reallocated to data collection,” the assemblymember told the Haitian Times. 

Anthony Beckford, a constituent who lives in Flatbush and the president of Black Lives Matter Brooklyn, praised the legislation as a good starting point. But he said lawmakers need to look at more ways to hold officers accountable. 

“We need to pass a resolution and measures that would actually bring about suspension without pay. And after a certain amount of times, then termination and loss of pension, or civil suits brought against them,” Beckford said. 

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Sam Bojarski

Sam Bojarski

Sam Bojarski has been covering Haiti and its diaspora for The Haitian Times since 2018. He is currently covering New York's Haitian community as a Report for America corps member.
Sam Bojarski
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Jun. 11, 2020