§ 14-151 Bias-based profiling prohibited.
AC § 14-151
a. Definitions. As used in this section, the following terms have the following meanings: 1. "Bias-based profiling" means an act of a member of the force of the police department or other law enforcement officer that relies on actual or perceived race, national origin, color, creed, age, immigration or citizenship status, gender, sexual orientation, disability, or housing status as the determinative factor in initiating law enforcement action against an individual, rather than an individual's behavior or other information or circumstances that links a person or persons to suspected unlawful activity.
2."Law enforcement officer" means (i) a peace officer or police officer as defined in the Criminal Procedure Law who is employed by the city of New York; or (ii) a special patrolman appointed by the police commissioner pursuant to section 14-106 of the administrative code.
3.The terms "national origin," "gender," "disability," "sexual orientation," and "immigration or citizenship status" shall have the same meaning as in section 8-102 of the administrative code.
4."Housing status" means the character of an individual's residence or lack thereof, whether publicly or privately owned, whether on a temporary or permanent basis, and shall include but not be limited to: (i) an individual's ownership status with regard to the individual's residence; (ii) the status of having or not having a fixed residence; (iii) an individual's use of publicly assisted housing; (iv) an individual's use of the shelter system; and (v) an individual's actual or perceived homelessness. b. Prohibition.
1.Every member of the police department or other law enforcement officer shall be prohibited from engaging in bias-based profiling.
(iii)For purposes of claims brought pursuant to this paragraph, the mere existence of a statistical imbalance between the demographic composition of the subjects of the challenged law enforcement action and the general population is not alone sufficient to establish a prima facie case of disparate impact violation unless the general population is shown to be the relevant pool for comparison, the imbalance is shown to be statistically significant and there is an identifiable policy or practice or group of policies or practices that allegedly causes the imbalance. d. Enforcement.
