Bill > A10072

This bill mandates that by January 1, 2027, the Department of Criminal Justice Services will create and publish "race-blind charging" guidelines, which prosecution agencies (those handling felonies and misdemeanors) must then implement. This process involves an initial review of cases for potential charges using information like police reports and criminal histories, but with any details that directly identify the race of the suspect, victim, or witness removed or redacted. By January 1, 2028, prosecution agencies will be responsible for redacting these documents themselves to conduct this race-blind initial charging evaluation, which must precede the standard charging evaluation. This initial review, performed by a prosecutor unaware of the redacted information, will determine if a case should be charged, but not the specific charges. A subsequent, complete review using all unredacted information will then determine the applicable charges. The bill also requires documentation of any changes between the initial race-blind evaluation and the final charging decision, with explanations to be disclosed upon request after sentencing or dismissal, and mandates data collection from this process for research purposes, while also outlining specific categories of crimes, such as homicides, hate crimes, and domestic violence, that may be excluded from the race-blind review due to factors like victim credibility or the relevance of racial animus to the charge.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/A10072