Bill Text: NY S00425 | 2025-2026 | General Assembly | Introduced
Bill Title: Prohibits the transport of a person in an unmarked police vehicle or concealed identity police vehicle after being arrested, detained or apprehended by a police officer or peace officer who is not wearing such officer's uniform unless an officer in uniform is present for the duration of the transport; prohibits stops and searches by a police officer or peace officer who is not wearing such officer's uniform using an unmarked police vehicle or a concealed identity police vehicle unless an officer in uniform is present for the duration of the stop and search.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00425 Detail]
Download: New_York-2025-S00425-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 425 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to limiting the trans- port of an arrested, detained or apprehended person in an unmarked police vehicle or concealed identity police vehicle and the use of such vehicles for stops and searches The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil rights law is amended by adding a new section 2 73-a to read as follows: 3 § 73-a. Use of unmarked police vehicle for stop and search or trans- 4 port of arrested, detained or apprehended person. 1. No person shall be 5 transported in an unmarked police vehicle or a concealed identity police 6 vehicle after being arrested, detained or apprehended by a police offi- 7 cer or peace officer of a governmental entity who is not wearing such 8 officer's police uniform unless an officer in uniform from the same 9 governmental entity is present for the duration of the transport. 10 2. No person shall be stopped and searched by a police officer or 11 peace officer of a governmental entity who is traveling in an unmarked 12 police vehicle or a concealed identity police vehicle unless such offi- 13 cer is wearing such officer's police uniform or is accompanied by an 14 officer in uniform from the same governmental entity and such uniformed 15 officer is present for the duration of the stop and the search. 16 3. A police vehicle shall be deemed to be unmarked or have a concealed 17 identity unless it is equipped with: 18 (a) lights as authorized by subdivision forty-one of section three 19 hundred seventy-five of the vehicle and traffic law, which are displayed 20 and visible; 21 (b) a horn, siren, electronic device, or exhaust whistle from which 22 audible signals are sounded; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01671-01-5S. 425 2 1 (c) an insignia identifying such vehicle as a police vehicle as 2 defined by this section. 3 4. Upon a violation of this section, an application may be made by the 4 attorney general in the name of the people of the state of New York to a 5 court or justice having jurisdiction by a special proceeding to issue an 6 injunction and, upon at least five days notice to the defendant, to 7 enjoin and restrain the continuance of such violations. If it shall 8 appear to the satisfaction of the court or justice that the defendant 9 has violated this section, an injunction may be issued by the court or 10 justice, enjoining and restraining any further violations, without 11 requiring proof that any person has, in fact, been injured or damaged 12 thereby. In any such proceeding, the court may make allowances to the 13 attorney general as provided in paragraph six of subdivision (a) of 14 section eighty-three hundred three of the civil practice law and rules, 15 and direct restitution. In connection with any such proposed applica- 16 tion, the attorney general is authorized to take proof and make a deter- 17 mination of the relevant facts and to issue subpoenas in accordance with 18 the civil practice law and rules. 19 5. For the purposes of this section: 20 (a) "governmental entity" means the state, a public authority, a 21 police district, a county, town, city, or village; 22 (b) "police officer" means a police officer as defined in subdivision 23 thirty-four of section 1.20 of the criminal procedure law; 24 (c) "peace officer" means a peace officer as defined in section 2.10 25 of the criminal procedure law; and 26 (d) "police vehicle" means every vehicle for which the state, a public 27 authority, a police district, a county, town, city, or village is the 28 owner and which is operated by the police department or law enforcement 29 agency of such governmental unit or by a constable or police constable 30 of a town when acting pursuant to such person's special duties. 31 § 2. This act shall take effect immediately.
