Bill Text: NY A05363 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires state and local law enforcement officers to identify themselves to the public upon initiation of law enforcement activity.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A05363 Detail]

Download: New_York-2015-A05363-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5363
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2015
                                      ___________
       Introduced by M. of A. MOSLEY -- read once and referred to the Committee
         on Governmental Operations
       AN  ACT  to  amend the executive law, in relation to requiring state and
         local law enforcement officers to identify themselves to the public
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Declaration of legislative intent and findings. The legis-
    2  lature finds that the people of the state of New York are in great  debt
    3  to  the  hard  work  and  dedication  of  police officers in their daily
    4  duties. The legislature further finds that mistrust of  law  enforcement
    5  officers  based on real or perceived discrimination hinders law enforce-
    6  ment efforts and is a threat to public safety. New York state and  local
    7  police policy already requires that officers wear shields and nameplates
    8  at  all  times while in uniform, and that they provide their rank, name,
    9  shield number and command when asked.
   10    In adopting this act, it is the intent of the legislature to  increase
   11  transparency in police practices and to build trust between police offi-
   12  cers  and  members  of the public by providing the public with notice of
   13  the reasons behind their encounters  with  the  police,  and  a  written
   14  record  of  their interactions with the police in situations that do not
   15  result in an arrest or summons.
   16    S 2. The executive law is amended by adding a new article 13-B to read
   17  as follows:
   18                                ARTICLE 13-B
   19         IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
   20  SECTION 268. DEFINITIONS.
   21          269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
   22    S 268. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING WORDS  SHALL
   23  HAVE THE FOLLOWING MEANINGS:
   24    1.   "LAW ENFORCEMENT ACTIVITY" SHALL MEAN ANY OF THE FOLLOWING ACTIV-
   25  ITIES WHEN CONDUCTED BY LAW ENFORCEMENT OFFICERS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06684-01-5
       A. 5363                             2
    1    A. NONCUSTODIAL QUESTIONING OF INDIVIDUALS;
    2    B. PEDESTRIAN STOPS;
    3    C. FRISKS;
    4    D. SEARCHES OF INDIVIDUALS' PERSONS, PROPERTY, OR POSSESSIONS (INCLUD-
    5  ING VEHICLES);
    6    E. TRAFFIC STOPS;
    7    F. ROADBLOCK OR CHECKPOINT STOPS;
    8    G. HOME SEARCHES; AND
    9    H. CONTACT WITH POTENTIAL VICTIMS OF AND WITNESSES TO CRIMES.
   10    2.  "NONCUSTODIAL QUESTIONING" SHALL MEAN BOTH THE ROUTINE, INVESTIGA-
   11  TORY QUESTIONING OF INDIVIDUALS AND THE QUESTIONING  OF  SUSPECTS  WHERE
   12  SUCH  INDIVIDUALS OR SUSPECTS HAVE NOT BEEN DETAINED AND ARE FREE TO END
   13  THE ENCOUNTER AT WILL.
   14    S 269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.  1.
   15  UPON  INITIATION  OF  LAW  ENFORCEMENT  ACTIVITY,  STATE  AND  LOCAL LAW
   16  ENFORCEMENT OFFICERS, AS DEFINED IN THIS ARTICLE SHALL:
   17    A. IDENTIFY THEMSELVES TO THE SUBJECT OR SUBJECTS OF THE LAW  ENFORCE-
   18  MENT ACTIVITY BY PROVIDING THEIR FULL NAME, RANK AND COMMAND; AND
   19    B. PROVIDE THE SPECIFIC REASON FOR THE LAW ENFORCEMENT ACTIVITY.
   20    C.  AT THE CONCLUSION OF LAW ENFORCEMENT ACTIVITY THAT DOES NOT RESULT
   21  IN AN ARREST OR SUMMONS, THE SUBJECT OR SUBJECTS OF THE LAW  ENFORCEMENT
   22  ACTIVITY  SHALL  BE PROVIDED WITH THE LAW ENFORCEMENT OFFICER'S BUSINESS
   23  CARD, WHICH SHALL INCLUDE, AT A MINIMUM THE NAME, RANK, AND  COMMAND  OF
   24  THE OFFICER.
   25    2. PARAGRAPHS A, B, AND C OF SUBDIVISION ONE OF THIS SECTION SHALL NOT
   26  APPLY  WHERE A LAW ENFORCEMENT OFFICER IS NOT IN UNIFORM AND IDENTIFICA-
   27  TION OF THE OFFICER WOULD COMPROMISE THE IMMEDIATE SAFETY OF THE  PUBLIC
   28  OR  LAW  ENFORCEMENT  OFFICERS OR WOULD SERIOUSLY COMPROMISE A SPECIFIC,
   29  ONGOING LAW ENFORCEMENT INVESTIGATION.
   30    S 3. Severability.   If any clause, sentence,  paragraph,  section  or
   31  part  of  this act shall be adjudged by any court of competent jurisdic-
   32  tion to be invalid, such judgment shall not affect, impair or invalidate
   33  the remainder thereof, but shall be confined in  its  operation  to  the
   34  clause,  sentence,  paragraph, section or part thereof directly involved
   35  in the controversy in which such judgment shall have been rendered.
   36    S 4. This act shall take effect on the ninetieth day  after  it  shall
   37  have become a law.