Bill Text: NY S00289 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits the use of unmarked police vehicles to routinely stop motorists for vehicle and traffic law violations, with exceptions; further provides a definition of a marked vehicle; provides for enforcement by the attorney general.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO TRANSPORTATION [S00289 Detail]

Download: New_York-2009-S00289-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          289
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
         the use of unmarked police vehicles
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 1102-a to read as follows:
    3    S  1102-A.  USE  OF  UNMARKED POLICE VEHICLES PROHIBITED. (A) NOTWITH-
    4  STANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, NO UNMARKED
    5  OR CONCEALED IDENTITY POLICE VEHICLE SHALL BE USED BY ANY POLICE OFFICER
    6  TO  ROUTINELY  STOP  OR  APPREHEND  OPERATORS  OF  MOTOR  VEHICLES   FOR
    7  VIOLATIONS  OF THIS CHAPTER, AND NO GOVERNMENTAL ENTITY SHALL REQUIRE OR
    8  PERMIT THE USE OF SUCH VEHICLES FOR SUCH PURPOSE, ON AND AFTER  NOVEMBER
    9  FIRST,  TWO  THOUSAND  TEN; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN
   10  THIS SECTION SHALL BE DEEMED TO PROHIBIT THE USE  OF  SUCH  VEHICLES  TO
   11  STOP  OR  APPREHEND  OPERATORS  OF MOTOR VEHICLES FOR SUCH OFFENSES, BUT
   12  ONLY UNDER CIRCUMSTANCES WHICH ARE  EXCEPTIONAL,  NECESSARY,  AND  WHICH
   13  PRESENT A SUBSTANTIAL THREAT TO PUBLIC SAFETY. A POLICE VEHICLE SHALL BE
   14  DEEMED TO BE UNMARKED OR HAVE A CONCEALED IDENTITY UNLESS IT IS EQUIPPED
   15  WITH: (I) LIGHTS AS AUTHORIZED BY SUBDIVISION FORTY-ONE OF SECTION THREE
   16  HUNDRED  SEVENTY-FIVE  OF THIS CHAPTER, WHICH ARE DISPLAYED AND VISIBLE;
   17  (II) A HORN, SIREN, ELECTRONIC DEVICE, OR  EXHAUST  WHISTLE  FROM  WHICH
   18  AUDIBLE  SIGNALS  ARE  SOUNDED;  AND  (III) AN INSIGNIA IDENTIFYING SUCH
   19  VEHICLE AS A POLICE VEHICLE AS DEFINED BY THIS SECTION.
   20    (B) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,  AN  APPLICA-
   21  TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
   22  THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDICTION  BY  A
   23  SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION  AND,  UPON NOTICE TO THE
   24  DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00437-01-9
       S. 289                              2
    1  UANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION  OF
    2  THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
    3  SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
    4  AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
    5  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
    6  PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
    7  PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
    8  HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
    9  TION.  IN  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
   10  GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
   11  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
   12  TICE LAW AND RULES.
   13    (C)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
   14  THE FOLLOWING MEANINGS: "GOVERNMENTAL ENTITY" SHALL MEAN  THE  STATE,  A
   15  PUBLIC  AUTHORITY,  A POLICE DISTRICT, A COUNTY, TOWN, CITY, OR VILLAGE;
   16  "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
   17  THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;  AND  "POLICE
   18  VEHICLE" SHALL MEAN EVERY VEHICLE FOR WHICH THE STATE, A PUBLIC AUTHORI-
   19  TY, A POLICE DISTRICT, A COUNTY, TOWN, CITY, OR VILLAGE IS THE OWNER AND
   20  WHICH  IS OPERATED BY THE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY OF
   21  SUCH GOVERNMENTAL UNIT OR BY A CONSTABLE OR POLICE CONSTABLE OF  A  TOWN
   22  WHEN ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES.
   23    S 2. This act shall take effect immediately.