Rabin Law Firm Proposes NYS Anti-BIKER PROFILING Bill

Syracuse attorney, biker rights advocate and B.A.D. Rep, Ben Rabin is pushing for an “anti-biker profiling” bill in NYS replicating the bill passed in Washington State in 2011. The law of the land now in Washington State is the exact protection needed here in NYS by the American Biker Culture and we need to create a strategic campaign to promote sponsorship and passage of a similar bill/law.   {To learn more about how a bill is passed in NYS visit:            http://www.nysenate.gov/How_a-Bill_Becomes_a_Law          To search for a bill by topic type in “discrimination” here:  http://www.nysenate.gov/legislation  } 

News regarding this campaign as it develops will be heard on Spirit of Bikers Radio and at the Rolling Pride MC event April 28th at the American Legion Post 91 in Mechanicsville, NY. It is imperative that ALL BIKERS attend the event in support of our work. More info on Ben’s contact info, campaign letter, and the bill are below:

THE RABIN LAW FIRM~ LLC
342 SOlJTH SALINA STREET, SUITE 210
SYRACUSE, NEW YORK 13202-2537
BENJAMIN C. RABIN
brabin@rabinlawfirm.com
TEL: (315) 448-2453
FAX: (315) 448-9456
TOLL FREE: (877) 451-2453
www.rabinlawfirm.com
June 14, 2011
Assemblywoman Donna A. Lupardo
Room 557
Legislative Office Building
Albany, NY 12248
Re: Proposed Legislation
Dear Assemblywoman Lupardo:

EILEEN D. WALSH*
* Of Counsel
As you may be aware, there has been an increase in the profiling and persecution of motorcyclists in the New York State area. People who ride motorcycles have been the subject of
“motorcycle-only road blocks” as well as alleged “safety inspections” at the hands of law enforcement, but particularly the New York State Police. As I am sure you are aware, if this happened to any other group in New York, the act of profiling would be treated with outrage and action. Here, however, the motorcyclists have been left to fend for themselves.
A lawsuit has been commenced against the New York State Police, and it is winding its waythrough the court system. However, it seems that this matter would be appropriately addressed by the legislature.
Similar difficulties occurred recently in the State of Washington. They were so outraged at the behavior of the law enforcement agencies that they passed a law to prohibit these actions. I am writing to plead with you that you introduce a bill that would do the same thing here: end the harassment, profiling and persecution of people who choose to transport themselves with a motorcycle rather than a car.
I have attached for your review the proposed legislation, as well as the final passed legislation. I would be honored if you would introduce something similar to the proposed legislation and, with the backing of every registered motorcyclist in New York, champion our right to travel down the highway as unmolested as every other registered motor vehicle owner.
Thank you.
BCR!hg
Enclosure
Very truly yours,

Benjamin C. Rabin, Esq.

________________________________________________

CERTIFICATION OF ENROLLMENT

ENGROSSED SENATE BILL 5242

62nd Legislature
2011 Regular Session

Passed by the Senate March 5 , 2011 CERTIFICATE

YEAS 48 NAYS 0
I , Thomas Hoemann, Secretary of the
Senate of the State of Washington,
do hereby certify that the attached
is ENGROSSED SENATE BILL 5242 as

President of the Senate passed by the Senate and the House of Representatives on the dates

Passed by the House April 1 , 2011 hereon set forth .

YEAS 91 NAYS 0

Secretary

Speaker of the House of Representatives

Approved FILED

Secretary of State
State of Washington

Governor of the State of Washington
S-0379.1

SENATE BILL 5242

State of Washington 62nd Legislature 2011 Regular Session

By Senators Hargrove, Pflug, Kline, Regala, Harper, Carrell, Keiser,
Nelson, Sheldon, Conway, and Shin

Read first time 01/19/11. Referred to Committee on Judiciary.

1 AN ACT Relating to motorcycle profiling; and adding a new section
2 to chapter 43.101 RCW.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 NEW SECTION. Sec. 1. A new section is added to chapter 43.101 RCW
5 to read as follows:
6 (1) Local law enforcement agencies shall:
7 (a) Adopt a written policy designed to condemn and prevent
8 motorcycle profiling;
9 (b) Review and audit their existing procedures, practices, and
10 trai ning to ensure that they do not enable or foster the practice of
11 mot orcycle profi ling;
12 (c) Institute training to address the issues related to motorcycle
13 profiling. Officers should be trained i n how to better interact wit h
14 persons they stop so that legitimate police actions are not
15 mispercei ved as motorcycle profiling; and
16 (d) Work with motorcycle groups in their communities to
17 appropriately address the issue of motorcycle profiling.
18 (2) The Washington associati on of sheri ffs and police chiefs shall
19 coordinate with the crimina l justice training commission to ensure that

p. 1 SB 5242

1 i ssues relat ed to mot orcycl e profiling are addressed in basic law
2 enf orcement training and offered in regional training for in-service
3 l aw enf orcement officer s at all levels.
4 (3) For the pur poses of this section, “motorcycle profiling” means
5 using the fact that a person rides a motorcycle or wears motorcycle6
related paraphernalia as a f actor in deciding to stop and question,
7 take enforcement action, arrest, or search a person or vehicle with or
8 without legal basis under the United States Constituti on or t he
9 Washington state Constitution.

—END —
SB 5242 p. 2
ENGROSSED SENATE BILL 5242

Passed Legislature -2011 Regular Session

State of Washington 62nd Legislature 2011 Regular Session

By Senators Hargrove, Pflug, Kline, Regala, Harper, Carrell, Keiser,
Nelson, Sheldon, Conway, and Shin

Read first time 01/19/11. Referred to Committee on Judiciary.

1 AN ACT Relating to motorcycle profiling; and adding a new section
2 to chapter 43.101 RCW.

3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

4 NEW SECTION. Sec. 1. A new section is added to chapter 43.101 RCW
5 to read as follows:
6 ( 1) The criminal justice training commission shall ensure that
7 issues related to motorcycle profiling are addressed in basic law
8 enforcement training and offered to in-service law enforcement officers
9 in conjunction with existing training regarding profiling.

10 (2) Local law enforcement agencies shall add a statement condemning
11 motorcycle profiling to existing policies regarding profiling.
12 (3) For the purposes of this section, “motorcycle profiling” means

13 the illegal use of the fact that a
14 motorcycle-related paraphernalia as
15 question, take enforcement action,
16 vehicle with or without a legal

person rides a motorcycle or wears
a factor in deciding to stop and
arrest, or search a person or
basis under the United States

17 Constitution or Washington state Constitution.
—END —

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