THE BLACK ACT

 

 

Law Enforcement Reform Policies

 

" I CAN'T BREATHE ACT"

 

ANY  POLICE  OFFICER,  PEACE  OFFICER, CORRECTION  OFFICER  OR  OTHER  EMPLOYEE  OF  A CORRECTIONAL FACILITY TO PROVIDE IMMEDIATE MEDICAL ATTENTION WHEN AN INMATE OR PERSON IN  CUSTODY DISPLAYS  MEDICAL  DISTRESS.    

 

THE STATE SHALL REQUIRE STATE AND LOCAL CORRECTIONAL FACILITIES AND LAW ENFORCEMENT AGENCIES TO CONDUCT TRAINING ON ASSISTING A PERSON DISPLAYING MEDICAL  DISTRESS.    THE  STATE  SHALL INVESTIGATE  ALL  ALLEGED FAILURES OF ANY POLICE OFFICER, PEACE OFFICER, CORRECTION OFFICER OR OTHER  EMPLOYEE  OF  A  CORRECTIONAL  FACILITY  TO PROVIDE  MEDICAL  CARE  TO  AN  INMATE  OR  PERSON IN CUSTODY DISPLAYING MEDICAL DISTRESS OR A NEED FOR IMMEDIATE  MEDICAL  CARE.  IF  THE  STATE DISCOVERS  ANY  POLICE  OFFICER,  PEACE  OFFICER, CORRECTION OFFICER, OR OTHER EMPLOYEE OF A CORRECTIONAL  FACILITY  FAILED  TO  MAKE  REASONABLE EFFORT  TO  PROVIDE  MEDICAL  CARE  TO  AN  INMATE  OR PERSON IN CUSTODY DISPLAYING MEDICAL DISTRESS OR A NEED FOR IMMEDIATE  MEDICAL  CARE,  THE BOARD  SHALL  REFER  SUCH  CASE TO PROSECUTORS AS A VIOLATION OF SECTION.CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE. A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE WHEN SUCH PERSON, ACTING AS A  POLICE  OFFICER,  PEACE  OFFICER  OR FAILS TO MAKE A GOOD FAITH EFFORT TO OBTAIN MEDICAL CARE FOR ANY PERSON IN CUSTODY, INCLUDING AN INMATE, DISPLAYING MEDICAL DISTRESS, INCLUDING  BUT  NOT  LIMITED  TO BREATHING  DIFFICULTIES, MIGRAINES AND MUSCLE PAINS, OR A NEED FOR IMMEDIATE MEDICAL CARE IN THE PRESENCE OF SUCH OFFICER; AND (B) SUCH  PERSON IN  CUSTODY  SUFFERS FROM AN INJURY OR DEATH RESULTING FROM SUCH FAILURE TO OBTAIN MEDICAL CARE.

 

CRIMINALLY NEGLIGENT FAILURE TO OBTAIN  MEDICAL  CARE  IS  A  CLASS  A FELONY. IF THE INDIVIDUAL IN CUSTODY DIES THEN THE OFFICER SHALL BE CHARGED WITH MURDER. 

 

BAN THE USE OF CHOKEHOLDS BY LAW ENFORCEMENT OFFICERS.

 

JUSTIFICATION - BEFORE GEORGE FLOYD THERE WAS ANDREW KEARSE AND BEFORE ADREW KEARSE THERE WAS ERIC GARNER, AND BEFORE ERIC GARNER, AND BEFORE ERIC GARNER THERE WAS ANTHONY BAEZ, AND BEFORE ANTHONY BAEZ THERE WAS MICHAEL STEWART. THESE ARE LYNCHINGS.

 

REPEAL 50A - POLICE RECORD TRANSPARENCY ACT

 

ANY POLICE OFFICER WHO IS CHARGED WITH A CRIMINAL OR ADMINISTRATIVE INFRACTION FOR EXCESSIVE FORCE OR ABUSE OF POWER SHALL HAVE THEIR DISCIPLINARY RECORDS RELEASED.  DISCIPLINARY RECORDS WILL INCLUDE INFORMATION OF PRIOR INFRACTIONS, PENALTIES, FINDINGS OF ANY SIMILAR OR RELATED BEHAVIOR.

 

AUDIT LAW ENFORCEMENT OFFICERS AND TARGET OFFICERS WITH MULTIPLE INFRACTIONS FOR PROBATION AND TERMINATION. 

 

 

THE BLUE WALL LAW - OFFICERS WHO KNOWINGLY FALSIFY REPORTS

 

EVERY PEACE OFFICER WHO FILES ANY REPORT WITH THE AGENCY WHICH EMPLOYS HIM OR HER REGARDING THE COMMISSION OF ANY CRIME OR ANY INVESTIGATION OF ANY CRIME, IF HE OR SHE KNOWINGLY AND INTENTIONALLY MAKES ANY STATEMENT REGARDING ANY MATERIAL MATTER IN THE REPORT WHICH THE OFFICER KNOWS TO BE FALSE, WHETHER OR NOT THE STATEMENT IS CERTIFIED OR OTHERWISE EXPRESSLY REPORTED AS TRUE, IS GUILTY OF FILING A FALSE REPORT PUNISHABLE BY IMPRISONMENT IN THE ONE TO THREE YEARS, AND LOSS OF PENSION.

 

DISBAND POLICE UNIONS

 

DISMANTLE THE POLITICAL POWER OF POLICE UNIONS, INCLUDING LESSENING THEIR INFLUENCE IN LOCAL AND STATE GOVERNMENTS, AND ULTIMATELY DECERTIFYING AND DISBANDING THEIR UNIONS ENTIRELY. 

 

WHAT POLICE UNIONS DO: DEFEND THE NARROW INTERESTS OF POLICE AT THE EXPENSE OF PUBLIC SAFETY. THEY EXIST TO DEMAND THAT TAXPAYERS PAY FOR DANGEROUS, AND EVEN DEADLY, NEGLIGENCE. AND ALTHOUGH THEY ARE NOT THE ONLY PATHOLOGY THAT AFFECTS AMERICAN POLICING, THEY ARE A KEY INTERNAL INFLUENCE ON POLICE CULTURE, A LOCUS OF RESISTANCE TO IMPROVEMENTS DESIGNED TO REDUCE POLICE VIOLENCE. TO STOP BAD COPS AND POLICE ABUSE, WE MUST TACKLE POLICE UNIONS A LOCUS OF RESISTANCE TO IMPROVEMENTS DESIGNED TO REDUCE POLICE VIOLENCE. TO STOP BAD COPS AND POLICE ABUSE, WE MUST TACKLE POLICE UNIONS

 

DISARM/DEFUND THE POLICE

 

CLOSE THE PIPELINE BETWEEN THE MILITARY AND THE POLICE BY ELIMINATING PROGRAMS THAT SELL MILITARY GRADE EQUIPMENT TO POLICE DEPARTMENTS, PROVIDE MILITARY TRAINING TO OFFICERS, OR FIND VETERANS JOBS IN THE POLICE FORCE. 

 

REMOVE POLICE WEAPONS IN SETTINGS SUCH AS IN K-12 SCHOOLS, COLLEGES/UNIVERSITIES, HOSPITALS, SPORTING EVENTS AND ULTIMATELY ON STREET PATROL.

 

DEMAND THAT LOCAL AND STATE GOVERNMENT AGENCIES DIVERT FUNDS FROM LAW ENFORCEMENT AND REINVEST FUNDING INTO VULNERABLE COMMUNITIES TO BUILD STRONGER, SAFER AND PRODUCTIVE COMMUNITIES.

 

UTILIZE NYPD BUDGET FOR PAYOUTS AND SETTLEMENTS FOR POLICE MISCONDUCT AND BRUTALITY INSTEAD OF NEW YORK CITY BUDGET.

 

DEMAND THAT ALL ELECTED OFFICIALS STOP TAKING PBA AND POLICE DONATIONS AND RETURN ALL DONATIONS ALREADY MADE.

 

SPECIAL PROSECUTOR FOR POLICE MISCONDUCT

 

FEDERAL, STATE, AND LOCAL DISTRICT PROSECUTORS HAVE AN INHERENT CONFLICT OF INTEREST IN INVESTIGATING A MEMBER OF THE LAW ENFORCEMENT OFFICERS THAT THEY WORK WITH.  A CONFLICT OF INTEREST PRECLUDES PUBLIC CONFIDENCE IN THEIR FINDINGS OR DETERMINATIONS.  EVERY STATE MUST HAVE A SPECIAL PROSECUTORS OFFICE APPOINTED BY THE GOVERNOR OR ENACTED BY STATE LEGISLATION ESTABLISHING AN OFFICE TO INVESTIGATE AND PROSECUTE THE ABUSE OF ANY POLICE OFFICER IN THE STATE. THE COST OF OPERATING THIS BUDGET SHOULD BE PROVIDED BY DEFUNDING POLICE DEPARTMENTS.

 

INVESTIGATORS FOR THIS OFFICER MUST HAVE BEEN EMPLOYED BY A LAW ENFORCEMENT AGENCY.

 

ELECTED CIVILIAN REVIEW BOARD (ECRB) TO REPLACE THE CURRENT CIVILIAN COMPLAINT REVIEW BOARD - PUBLIC COMPLAINTS AGAINST MEMBERS OF THE POLICE DEPARTMENT.

 

THE PEOPLE OF THE CITY OF NEW YORK REQUIRE A MECHANISM FOR THE INVESTIGATION OF COMPLAINTS OF MISCONDUCT AND POSSIBLE USES OF EXCESSIVE FORCE BY OFFICERS AND EMPLOYEES OF STATE AND LOCAL POLICE OFFICERS TOWARD MEMBERS OF THE PUBLIC AND DETERMINATION OF APPROPRIATE DISCIPLINARY ACTIONS THAT IS COMPREHENSIVE, THOROUGH, AND IMPARTIAL. THESE INVESTIGATIONS MUST BE CONDUCTED FAIRLY AND INDEPENDENTLY. AN INDEPENDENT ELECTED CIVILIAN REVIEW BOARD (“ECRB” OR “BOARD”) IS ESTABLISHED AS A BODY COMPOSED SOLELY OF MEMBERS ELECTED BY THE PUBLIC WITH THE AUTHORITY TO INVESTIGATE ALLEGATIONS OF POLICE MISCONDUCT.

 

END QUALIFIED IMMUNITY

 

QUALIFIED IMMUNITY IS THE MAIN LEGAL DEFENSE FOR POLICE OFFICERS ACCUSED OF POLICE BRUTALITY. REPEALING 50A WOULD BE LARGELY MEANINGLESS IF THE INFORMATION OF POLICE BRUTALITY COULD NOT BE UTILIZED TO PROSECUTE POLICE OFFICERS WHO BRUTALIZE BLACK AND BROWN PEOPLE. ENDING QUALIFIED IMMUNITY WILL MAKE IT EASIER TO HOLD POLICE OFFICERS ACCOUNTABLE WITHIN THE JUSTICE SYSTEM AND GIVE VICTIMS ACCESS LEGAL DAMAGES

 

 

PRISON REFORM POLICIES

 

 

THE HUMANE ALTERNATIVES TO LONG-TERM (HALT) SOLITARY CONFINEMENT ACT (A.2500 / S.1623)

 

RESTRICTS THE USE OF SEGREGATED CONFINEMENT AND CREATES ALTERNATIVE THERAPEUTIC AND REHABILITATIVE CONFINEMENT OPTIONS; LIMITS THE LENGTH OF TIME A PERSON MAY BE IN SEGREGATED CONFINEMENT AND EXCLUDES CERTAIN PERSONS FROM BEING PLACED IN SEGREGATED CONFINEMENT. 

 

THE JUDITH CLARK LAW - RELEASE AGING PEOPLE IN PRISON

 

NEW YORK STATE MUST RELEASE INCARCERATED SENIORS WHO HAVE ALREADY SERVED CONSIDERABLE TIME AND POSE LITTLE OR NO THREAT TO PUBLIC SAFETY. DOING SO WILL RESTORE THE HARMONY OF OUR COMMUNITIES, FULFILL OUR COMMITMENT TO THE HUMAN RIGHTS OF ALL PEOPLE, AND SAVE NEW YORK MILLIONS OF DOLLARS A YEAR. AGING PEOPLE RETURNING FROM PRISON POSE LITTLE RISK TO PUBLIC SAFETY AND ARE PREPARED TO CONTRIBUTE POSITIVELY TO SOCIETY.

 

 

RIGHT TO COUNSEL

 

GIVE VICTIMS OF POLICE BRUTALITY A RIGHT TO A LAWYER FOR AFFIRMATIVE LITIGATIONS (42 USC S.1983 CLAIMS) AGAINST POLICE.

 

EDUCATION REFORM POLICIES 

 

EDUCATIONAL EQUITY

 

WE WANT EDUCATION FOR OUR PEOPLE THAT EXPOSES THE TRUE NATURE OF THIS AMERICAN SOCIETY. WE WANT EDUCATION THAT TEACHES US OUR TRUE HISTORY AND OUR ROLE IN THE PRESENT DAY SOCIETY.

 

  1. ISOLATED EDUCATIONAL TARGETED FUNDING ACROSS OUR COMMUNITIES THAT PROMOTE ACCESS TO HIGH-QUALITY CULTURALLY AND LINGUISTICALLY DIVERSE 21ST CENTURY MODELS AND ALTERNATIVE LEARNING PROGRAMS THAT ARE LED BY PEOPLE FROM THE COMMUNITY. 

  2. FINANCIAL LITERACY AND ENTREPRENEURSHIP TRAINING FOR ALL OF OUR CHILDREN.

  3. REMOVAL OF LAW ENFORCEMENT OFFICERS FROM OUR SCHOOLS AND REPLACE THEM WITH COUNSELORS.

 

AFRICAN AMERICAN HISTORY AND ACHIEVEMENT SENATE BILL S1135A

 

THE COMMISSION SHALL DEVELOP AND RECOMMEND CURRICULUM THAT INCORPORATES THE ACHIEVEMENTS MADE BY AFRICAN AMERICANS AS PART OF NEW YORK'S EDUCATION CURRICULUM INCLUDING THE WOMAN'S ABOLITIONIST MOVEMENT, THE HARLEM RENAISSANCE, THE BUFFALO ANTISLAVERY MOVEMENT, THE SUFFRAGE OF AFRICAN AMERICAN LONG ISLANDERS.

 

 

HOUSING REFORM POLICIES

 

AFFORDABLE HOUSING

THE NATION FACES AN AFFORDABLE HOUSING CRISIS. THE 1949 HOUSING ACT PROVIDED FOR SAFE AND DECENT HOUSING FOR EVERY AMERICAN. SEVENTY YEARS LATER, WE ARE FURTHER FROM THAT GOAL THAN EVER BEFORE. FEDERAL GUIDELINES DETERMINED ONE-THIRD OF A FAMILY’S INCOME SHOULD BE SPENT ON RENT. LOWER-INCOME COMMUNITIES EXPEND A MUCH HIGHER PERCENT. THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE NATION’S PRIMARY HOUSING AGENCY, DOES NOT FUND ANY ADDITIONAL PUBLIC HOUSING OR PROMOTE ANY NEW SECTION 8 VOUCHERS. THE FEDERAL GOVERNMENT SHOULD IMMEDIATELY APPROPRIATE $500 BILLION TO MEET THE HOUSING NEEDS OF LOW-INCOME COMMUNITIES.

 

PASS GOOD CAUSE EVICTION (S2892A/A5030A)

 

GOOD CAUSE EVICTION WOULD GIVE EVERY RENTER THE RIGHT TO RENEW THEIR LEASE WITH A LIMITED RENT INCREASE; IT WOULD PREVENT LANDLORDS FROM EVICTING RENTERS WITHOUT GOOD CAUSE.

 

      UNIVERSAL RENT CANCELLATION AMIDST COVID-19

 

MILLIONS OF AMERICANS ARE OUT OF WORK, ESPECIALLY BLACK AND BROWN AMERICANS. FAILING TO CANCEL RENT WOULD RESULT IN A CATASTROPHIC SPIKE IN HOMELESSNESS AND THE FURTHER GENTRIFICATION OF BLACK AND BROWN COMMUNITIES. WE NEED A UNIVERSAL MORATORIUM ON RENT TO ENSURE THAT THE FLOW OF AID IS NOT HINDERED BY BUREAUCRATIC MEASURES THAT WOULD PUT THE BURDEN OF PROVING FINANCIAL CHALLENGES ON TENANTS WHILE LANDLORDS GET BAILED OUT. A NATIONAL RENT MORATORIUM WILL ENSURE THAT BLACK AND BROWN COMMUNITIES ARE HOUSED DURING THE DURATION OF THE COVID-19 PANDEMIC AND SIX MONTHS AFTER.

 

TENANT OPPORTUNITY TO PURCHASE (TOPA)

 

TOPA WOULD ALLOW TENANTS THE RIGHT TO INTERVENE IN THE SALE, DEMOLITION OR FORECLOSURE OF THEIR BUILDING IN ORDER TO CONVERT IT TO PERMANENTLY AFFORDABLE AND COMMUNITY CONTROLLED HOUSING. 

 

        PASS THE GREEN NEW DEAL FOR PUBLIC HOUSING 

 

THE GND FOR PUBLIC HOUSING INVESTS UP TO 180 BILLION OVER TEN YEARS IN SUSTAINABLE RETROFITS THAT INCLUDE ALL NEEDED REPAIRS, VASTLY IMPROVED HEALTH, SAFETY AND COMFORT AND ELIMINATE CARBON EMISSIONS IN FEDERAL PUBLIC HOUSING. IT WOULD PROVIDE FUNDING TO ELECTRIFY, ALL BUILDINGS, ADD SOLAR PANELS AND SECURE RENEWABLE ENERGY SOURCES FOR ALL PUBLIC HOUSING ENERGY NEEDS. THE BILL DRAMATICALLY IMPROVES THE LIVING CONDITIONS FOR NEARLY 2 MILLION PEOPLE LIVING IN ROUGHLY 1 MILLION PUBLIC HOME. GND FOR PUBLIC HOUSING PRIORITIZES TENANT OWNED BUSINESSES THROUGH U.S. DEPT OF HOUSING AND URBAN DEVELOPMENT SECTION 3 FOR THE RETROFITS AND GIVES OWNERSHIP AND CONTROL TO TENANTS TO DECIDE HOW PROFITS ARE UTILIZED. PUBLIC HOUSING TENANTS WOULD ALSO BE TRAINED TO DO THE RETROFITTING BRINGING JOBS TO PUBLIC HOUSING TENANTS. THE BILL ALSO REPEALS THE FAIRCLOTH AMENDMENT, A FEDERAL RULE THAT CAPS THE CONSTRUCTION OF NEW PUBLIC HOUSING UNITS.

 

END NYCHA’S PERMANENT EXCLUSION POLICY

NEW YORK CITY HOUSING AUTHORITY (NYCHA) BRINGS TERMINATION OF TENANCY PROCEEDINGS AGAINST TENANTS WHO HAVE BEEN ACCUSED OF CRIMES. TENANTS CAN BE REMOVED FROM THEIR HOMES BEFORE TRIAL AND PRE-CONVICTION AT THE DISCRETION OF NYCHA. INSTEAD OF TERMINATING THEIR LEASE THEY EXCLUDE THE INDIVIDUAL FAMILY MEMBER ACCUSED FROM THE PREMISES, THEREBY SEPARATING FAMILIES. WE KNOW THAT NYCHA IS PREDOMINATELY HOME TO BLACK AND BROWN COMMUNITIES THAT ARE DISPROPORTIONATELY OVER-POLICED. THIS POLICY IS A VIOLATION OF THEIR DUE PROCESS RIGHT AND A DIRECT ONSLAUGHT ON THE HOUSING SECURITY OF BLACK AND BROWN COMMUNITIES. END PERMANENT EXCLUSION. 

 

REPEAL NY REAL PROPERTY LAW 421A & 485A

THESE WASTEFUL TAX INCENTIVES COST NEW YORK STATE UPWARDS 2 BILLION PER YEAR AND ARE HIGHLY INEFFICIENT WAYS TO CREATE AFFORDABLE HOUSING. THESE TAX INCENTIVES SHOULD BE REPEALED

 

ELIMINATE MAJOR CAPITAL IMPROVEMENTS (MCI) (S3693/A6322)

MCI INCREASES ALLOW LANDLORDS TO PASS THE COST OF BUILDING REPAIRS AND RENOVATIONS ON TO RENTERS.THEY LEAD TO UNAFFORDABLE RENT INCREASES AND FORCE TENANTS TO CHOOSE BETWEEN SAFE LIVING CONDITIONS AND NECESSARY BUILDING IMPROVEMENTS. ELIMINATING MCI’S WILL PRESERVE AFFORDABLE HOMES FOR BLACK AND BROWN COMMUNITIES.

 

EXPAND RIGHT TO COUNSEL 

THE RIGHT TO COUNSEL SECURED ATTORNEYS FOR COUNTLESS TENANTS. HOWEVER, ONLY TENANTS THAT FALL WITHIN 200% BELOW THE FEDERAL POVERTY LINE HAVE ACCESS TO THESE ATTORNEYS. WE MUST EXPAND THE ELIGIBILITY FROM 200% TO 400%. 

 

REPARATION

REPARATIONS SHOULD BE PAID TO THE DESCENDANTS OF THE ENSLAVED WHO WERE TRAFFICKED TO AND OPPRESSED IN THE AMERICAS AS A CONSEQUENCE OF THE EXPANSION OF COLONIZATION. NOW IS THE TIME FOR THE UNITED STATES OF AMERICA TO ACKNOWLEDGE DAMAGES RESULTING FROM SLAVERY, AND FOR THE U.S. GOVERNMENT TO PROVIDE REPARATIONS IN THE SUM OF A $14 TRILLION WEALTH TRANSFER TO HELP PREVENT THE COUNTRY FROM SPLITTING INTO SEPARATE AND UNEQUAL SOCIETIES.

 

THE CHILD & FAMILY EQUITY FREEDOM POLICY

 

CHILD POVERTY IN AMERICA IS AT AN ALL-TIME HIGH. THIS AFFECTS CHILDREN OF ALL RACES AND NATIONALITIES. FEDERAL GOVERNMENT TO PROVIDE EVERY FAMILY WITH A BALANCED FOOD AND CLOTHING ALLOWANCE TO ASSURE THAT EQUAL OPPORTUNITY STARTS FROM AN EARLY AGE. IN ADDITION, THE FEDERAL GOVERNMENT PROVIDE EVERY AMERICAN OVER 18 WITH A GUARANTEED BASIC INCOME BY TAXING CORPORATIONS AND THE 1%.

 

WE ARE ON THE VERGE OF THE FOURTH INDUSTRIAL REVOLUTION. SUPPLYING COMMUNITY ORGANIZATION WITH THE RESOURCES TO TEACH OUR CHILDREN TRADES THAT WILL SUSTAIN EMPLOYMENT THROUGHOUT THE ATOMIZATION OF THE WORKPLACE. 

 

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