NY State Senate Bill 2013-S2833

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to finance
Jan 24, 2013	referred to finance

2013-S2833 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 13-B §§268 & 269, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7308
2015-2016: S1753
2017-2018: S3100
2019-2020: S4123
2021-2022: S4424
2023-2024: S5223

2013-S2833 (ACTIVE) - Summary

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

2013-S2833 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2833

TITLE OF BILL:
An act
to amend the executive law, in relation to requiring state and local
law
enforcement officers to identify themselves to the public

PURPOSE OR GENERAL IDEA OF BILL:
To increase transparency in police practices and rebuild trust between
police officers and members of the public.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Legislative intent.

Section 2: Adds Article 13-B to the executive law concerning the
identification of state and local law enforcement officers.

Adds section 268 to the executive law - definitions Law enforcement
activity - noncustodial questioning, pedestrian stops, frisks,
searches of individuals persons, Property, or possessions, traffic
stops, roadblock or checkpoint stops, home search and contact with
potential victims of and witnesses to crimes.

Noncustodial questioning - the routine, investigatory questioning of

individuals and the questions of suspects where such individuals or
suspects haven to be detained.

Adds section 269 to the executive law - Identification of state and
local law enforcement officers. Upon initiation of law enforcement
activity the state or local law enforcement officers shall provide
their full name, rank and command and provide the specific reason for
the law
enforcement activity.

Should the law enforcement activity not result in an arrest or
summons, the subject or subjects of the activity shall be provided
with the officer's business care which shall include at minimum the
name, rank, and command of the officer.

Nothing in this section shall apply where a law enforcement officer is
not in uniform and the identification would compromise officer safety
or an ongoing investigation.

Section 3: Severability clause

Section 4: This act shall take effect the 90th day after it shall have
become law.

JUSTIFICATION:
The mistrust of law enforcement officers based on real or perceived
discrimination hinders law enforcement efforts and has become a
threat to our Public safety. The intent of this legislation is
increase transparency in police practices and rebuild the public
trust by ensuring that there is full disclosure by an officer upon


initiation of a law enforcement activity. This legislation will
protect the officers and the public from misunderstandings that can
lead to safety risks and rebuild the public's trust.

PRIOR LEGISLATIVE HISTORY:
2012: S.7308-A - Finance

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become
law.

2013-S2833 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2833

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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:

  Section 1. Declaration of legislative intent and findings. The  legis-
lature  finds that the people of the state of New York are in great debt
to the hard work and  dedication  of  police  officers  in  their  daily
duties.  The  legislature further finds that mistrust of law enforcement
officers based on real or perceived discrimination hinders law  enforce-
ment  efforts and is a threat to public safety. New York state and local
police policy already requires that officers wear shields and nameplates
at all times while in uniform, and that they provide their  rank,  name,
shield number and command when asked.
  In  adopting this act, it is the intent of the legislature to increase
transparency in police practices and to build trust between police offi-
cers and members of the public by providing the public  with  notice  of
the  reasons  behind  their  encounters  with  the police, and a written
record of their interactions with the police in situations that  do  not
result in an arrest or summons.
  S 2. The executive law is amended by adding a new article 13-B to read
as follows:
                              ARTICLE 13-B
       IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
SECTION 268. DEFINITIONS.
        269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
  S  268. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING WORDS SHALL
HAVE THE FOLLOWING MEANINGS:
  1.  "LAW ENFORCEMENT ACTIVITY" SHALL MEAN ANY OF THE FOLLOWING  ACTIV-
ITIES WHEN CONDUCTED BY LAW ENFORCEMENT OFFICERS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07094-01-3

S. 2833                             2

  A. NONCUSTODIAL QUESTIONING OF INDIVIDUALS;
  B. PEDESTRIAN STOPS;
  C. FRISKS;
  D. SEARCHES OF INDIVIDUALS' PERSONS, PROPERTY, OR POSSESSIONS (INCLUD-
ING VEHICLES);
  E. TRAFFIC STOPS;
  F. ROADBLOCK OR CHECKPOINT STOPS;
  G. HOME SEARCHES; AND
  H. CONTACT WITH POTENTIAL VICTIMS OF AND WITNESSES TO CRIMES.
  2.  "NONCUSTODIAL QUESTIONING" SHALL MEAN BOTH THE ROUTINE, INVESTIGA-
TORY QUESTIONING OF INDIVIDUALS AND THE QUESTIONING  OF  SUSPECTS  WHERE
SUCH  INDIVIDUALS OR SUSPECTS HAVE NOT BEEN DETAINED AND ARE FREE TO END
THE ENCOUNTER AT WILL.
  S 269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.  1.
UPON  INITIATION  OF  LAW  ENFORCEMENT  ACTIVITY,  STATE  AND  LOCAL LAW
ENFORCEMENT OFFICERS, AS DEFINED IN THIS ARTICLE SHALL:
  A. IDENTIFY THEMSELVES TO THE SUBJECT OR SUBJECTS OF THE LAW  ENFORCE-
MENT ACTIVITY BY PROVIDING THEIR FULL NAME, RANK AND COMMAND; AND
  B. PROVIDE THE SPECIFIC REASON FOR THE LAW ENFORCEMENT ACTIVITY.
  C.  AT THE CONCLUSION OF LAW ENFORCEMENT ACTIVITY THAT DOES NOT RESULT
IN AN ARREST OR SUMMONS, THE SUBJECT OR SUBJECTS OF THE LAW  ENFORCEMENT
ACTIVITY  SHALL  BE PROVIDED WITH THE LAW ENFORCEMENT OFFICER'S BUSINESS
CARD, WHICH SHALL INCLUDE, AT A MINIMUM THE NAME, RANK, AND  COMMAND  OF
THE OFFICER.
  2. PARAGRAPHS A, B, AND C OF SUBDIVISION ONE OF THIS SECTION SHALL NOT
APPLY  WHERE A LAW ENFORCEMENT OFFICER IS NOT IN UNIFORM AND IDENTIFICA-
TION OF THE OFFICER WOULD COMPROMISE THE IMMEDIATE SAFETY OF THE  PUBLIC
OR  LAW  ENFORCEMENT  OFFICERS OR WOULD SERIOUSLY COMPROMISE A SPECIFIC,
ONGOING LAW ENFORCEMENT INVESTIGATION.
  S 3. Severability.   If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S2833

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2013-S2833 (ACTIVE) - Details

2013-S2833 (ACTIVE) - Summary

2013-S2833 (ACTIVE) - Sponsor Memo

2013-S2833 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2833

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Finance Committee

2013-S2833 (ACTIVE) - Details

2013-S2833 (ACTIVE) - Summary

2013-S2833 (ACTIVE) - Sponsor Memo

2013-S2833 (ACTIVE) - Bill Text download pdf

Comments