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.
BILL NUMBER: S289
TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to prohibiting the use of unmarked police vehicles
PURPOSE : To prevent motorists from being victimized by criminals impersonating police officers by providing that only marked police vehicles may be used to pull over motorists for alleged violations of the vehicle and traffic law.
SUMMARY OF PROVISIONS : Section 1 adds a new §1102-a to the vehicle and traffic law to prohibit the use of unmarked police cars to routinely stop or apprehend operators of motor vehicles for certain violations.
Section 2 contains the effective date.
JUSTIFICATION : On April 17, 1996, Governor Pataki issued Executive Order 35 providing that unmarked police vehicles of the State of New York could no longer be used for the routine stopping of motorists in connection with traffic violations. The Governor's Executive Order referred to the incidence of motorists being "victimized by criminals driving private vehicles falsely impersonating police officers on patrol."
This bill simply seeks to extend the logic of the Governor's Executive Order to local police fleets. The compelling public safety concerns behind the Governor's decision to bar unmarked State police vehicles from pulling over motorists for alleged traffic violations apply equally well to unmarked local and municipal police vehicles. The bill explicitly states that it applies only to attempted stops made in connection with traffic violations; unmarked police cars may still be used for traffic surveillance and to pull over motorists for alleged penal law violations. Furthermore, the bill makes clear that the use of an unmarked police car to pull over a motorist for a traffic violation shall not mitigate or invalidate an otherwise legal stop.
LEGISLATIVE. HISTORY :
2007/08: S.5111 Transportation; A.6088 Transportation 2005/06: S.4910-A Transportation; A.1268 Transportation
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 289 2009-2010 Regular Sessions IN SENATE (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: Section 1. The vehicle and traffic law is amended by adding a new section 1102-a to read as follows: S 1102-A. USE OF UNMARKED POLICE VEHICLES PROHIBITED. (A) NOTWITH- STANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, NO UNMARKED OR CONCEALED IDENTITY POLICE VEHICLE SHALL BE USED BY ANY POLICE OFFICER TO ROUTINELY STOP OR APPREHEND OPERATORS OF MOTOR VEHICLES FOR VIOLATIONS OF THIS CHAPTER, AND NO GOVERNMENTAL ENTITY SHALL REQUIRE OR PERMIT THE USE OF SUCH VEHICLES FOR SUCH PURPOSE, ON AND AFTER NOVEMBER FIRST, TWO THOUSAND TEN; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE USE OF SUCH VEHICLES TO STOP OR APPREHEND OPERATORS OF MOTOR VEHICLES FOR SUCH OFFENSES, BUT ONLY UNDER CIRCUMSTANCES WHICH ARE EXCEPTIONAL, NECESSARY, AND WHICH PRESENT A SUBSTANTIAL THREAT TO PUBLIC SAFETY. A POLICE VEHICLE SHALL BE DEEMED TO BE UNMARKED OR HAVE A CONCEALED IDENTITY UNLESS IT IS EQUIPPED WITH: (I) LIGHTS AS AUTHORIZED BY SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, WHICH ARE DISPLAYED AND VISIBLE; (II) A HORN, SIREN, ELECTRONIC DEVICE, OR EXHAUST WHISTLE FROM WHICH AUDIBLE SIGNALS ARE SOUNDED; AND (III) AN INSIGNIA IDENTIFYING SUCH VEHICLE AS A POLICE VEHICLE AS DEFINED BY THIS SECTION. (B) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICA- TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION AND, UPON NOTICE TO THE 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
UANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC- TICE LAW AND RULES. (C) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: "GOVERNMENTAL ENTITY" SHALL MEAN THE STATE, A PUBLIC AUTHORITY, A POLICE DISTRICT, A COUNTY, TOWN, CITY, OR VILLAGE; "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND "POLICE VEHICLE" SHALL MEAN EVERY VEHICLE FOR WHICH THE STATE, A PUBLIC AUTHORI- TY, A POLICE DISTRICT, A COUNTY, TOWN, CITY, OR VILLAGE IS THE OWNER AND WHICH IS OPERATED BY THE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY OF SUCH GOVERNMENTAL UNIT OR BY A CONSTABLE OR POLICE CONSTABLE OF A TOWN WHEN ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES. S 2. This act shall take effect immediately.