Provides for the creation of a system of uniform identification cards for police and peace officers by the state director of homeland security; details information to be included in such ID cards.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the executive law, in relation to the creation of a system of uniform identification cards for police and peace officers
PURPOSE: To create a system of uniform identification cards for police and peace officers and to establish a statewide database for the purpose of creating, distributing, and monitoring uniform identification cards for police and peace officers.
SUMMARY OF PROVISIONS: Section One - Amends the executive law by creating a new section 718. This section establishes a centralized database to coordinate the creation, distribution, and monitoring of uniform identification cards which shall be done in coordination with the Division of Criminal Justice Services and the databases they currently maintain pursuant to sections 845 and 845A of the executive law. This section provides standards that the uniform identification cards must meet.
Section One - Directs the Commissioner, in conjunction with the division of criminal justice services, develop and distribute uniform identification cards to all police and peace officers with a personal identification number, person's badge number, height, weight, eye color, sex and race. Also, the identification cards will include the town, village, city, county, department, district, division, agency or municipality that the person is a volunteer with or employed for.
Also, this section provides the Commissioner will promulgate the rules and regulations necessary to obtain the information necessary to implement this database.
Section Two - This act shall take effect on the sixtieth day after it shall have become law.
JUSTIFICATION: The necessity of a uniform identification card and a statewide database for all police and peace officers stems from the desire to make New York safer and more equipped to mitigate the effects of a natural or man-made disaster. On August 27, 2004 the President issued Homeland Security Directive number 12 which outlined the necessity to develop and implement policy that would create a common or uniform identification standard for Federal employees and contractors. This directive spawned a new Federal Information Processing Standard (FIPS) number 201; which, specifies the architecture and technical requirements for a common identification standard for Federal employees and contractors. The overall goal is to achieve appropriate security assurance for multiple applications by efficiently verifying the claimed identity of individuals seeking physical access to Federally controlled government facilities and electronic access to government information systems. According to a Department of Homeland Security Information Bulletin,
terrorist groups view the theft or other illegal acquisition of official identification, uniforms, or vehicles as an effective way to increase access and decrease scrutiny in furtherance of their planning and operations.
Terrorist groups have utilized police or military uniforms to mask their identities and achieve closer access to their targets without arousing suspicion. This was illustrated in the December 2002 suicide bombings that targeted the Chechen Government Headquarters in Groznyy, Russia. Terrorists in South America, the Philippines and Pakistan have stolen emergency medical services uniforms to facilitate the execution of their attacks on key facilities.
A report released on April 7, 2006 by the Heritage Foundation and George Washington University Homeland Security Policy Institute Task Force, Empowering America: A Proposal for Enhancing Regional Preparedness, found that the Jack of a uniform identification system hobbles interagency coordination. There are a number of professions and capacities that people serve in that are critical to an effective response to an emergency; because of this, the verification of identification, affiliation, and expertise cannot be accomplished rapidly during a crisis unless there is some uniform identification system. This legislation will allow emergency planners and law enforcement officials to better understand the specific human resources on hand at any given time and in any region so that we can fortify our plans and better manage our assets. This seamless identification for all police and peace officers will be utilized in many situations, such as: when officers are deployed to areas outside of their normal geographical area for national security and special events (e.g. The Republican National Convention); during mutual assistance across counties, natural and man-made disasters, and for multi-agency coordination centers (MACC).
LEGISLATIVE HISTORY: 2006 - S.7681-A Passed Senate
FISCAL IMPLICATIONS: According to the Division of Criminal Justice Services there were 65,942 sworn law enforcement officers across New York in 2004. At about $6.50 for each identification card, this legislation would cost the state $428,623, much of which could be offset by Federal funding sources.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5267 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law, in relation to the creation of a system of uniform identification cards for police and peace officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 718 to read as follows: S 718. UNIFORM IDENTIFICATION CARDS FOR POLICE AND PEACE OFFICERS. 1. THE COMMISSIONER SHALL ESTABLISH AND MAINTAIN A STATEWIDE DATABASE FOR THE PURPOSE OF CREATING, DISTRIBUTING AND MONITORING UNIFORM IDENTIFICA- TION CARDS FOR ALL POLICE AND PEACE OFFICERS IN THE STATE AS SUCH OFFI- CERS ARE DEFINED IN SECTIONS 1.20 AND 2.10 OF THE CRIMINAL PROCEDURE LAW. THE COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL PROVIDE FOR THE TRANSMISSION OF INFORMATION CONTAINED IN THE REGISTRIES MAINTAINED PURSUANT TO SECTION EIGHT HUNDRED FORTY-FIVE OF THIS CHAPTER. THE COMMISSIONER MAY REQUIRE THE TRANS- MISSION OF SUCH INFORMATION AS HE DEEMS NECESSARY TO COMPLY WITH THE PROVISIONS OF THIS SECTION. 2. THE COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL DEVELOP AND DISTRIBUTE UNIFORM IDENTIFICATION CARDS TO ALL POLICE AND PEACE OFFICERS IN THIS STATE WHICH SHALL CONTAIN ALL THE FOLLOWING INFORMATION: (A) A PERSONAL IDENTIFICATION NUMBER AND THE PERSON'S BADGE NUMBER, IF APPLICABLE; (B) THE INDIVIDUAL'S HEIGHT, WEIGHT, EYE COLOR, SEX AND RACE; (C) THE TOWN, VILLAGE, CITY, COUNTY, DEPARTMENT, DISTRICT, DIVISION, AGENCY OR MUNICIPALITY THAT THE PERSON IS A VOLUNTEER WITH OR EMPLOYED FOR;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11290-01-1 S. 5267 2
(D) A DIGITIZED PHOTOGRAPH OF THE PERSON THAT SHALL BE THE PERSON'S DRIVER'S LICENSE PHOTOGRAPH AND SHALL BE OBTAINED FROM THE DEPARTMENT OF MOTOR VEHICLES; (E) A DISTINCTIVE MARK OR SYMBOL WHICH DESIGNATES THE PERSON'S SPECIAL EXPERTISE, TRAINING AND RANK, IF APPLICABLE; (F) THE NEW YORK STATE SEAL; (G) ANY OTHER INFORMATION THE DIRECTOR DEEMS APPROPRIATE. 3. THE COMMISSIONER SHALL ESTABLISH PROCEDURES FOR DIRECTING THE RETURN OF IDENTIFICATION CARDS WHEN A PERSON'S EMPLOYMENT OR ASSOCIATION WITH THE TOWN, VILLAGE, CITY, COUNTY, DEPARTMENT, DISTRICT, DIVISION, AGENCY OR MUNICIPALITY FOR WHICH THEY VOLUNTEER WITH OR WORK FOR HAS ENDED AND FOR PLACING AN ALERT IN THE DATABASE WHERE A CARD HAS BEEN LOST OR STOLEN AND ANY ACTION THE COMMISSIONER DEEMS NECESSARY UNDER SUCH CIRCUMSTANCES. 4. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO OBTAIN THE INFORMATION NECESSARY TO IMPLEMENT THE DATABASE REQUIRED BY THIS SECTION, ISSUE UNIFORM IDENTIFICATION CARDS, ENSURE THAT DIGI- TIZED PHOTOGRAPHS ARE RECENT AND ESTABLISH PROGRAMS OR INITIATIVES TO SUPPLEMENT SUCH SYSTEM FOR THE PURPOSE OF IMPROVING LAW ENFORCEMENT SECURITY. THE COMMISSIONER SHALL CONSULT AND COMPLY WITH ANY FEDERAL LAWS, RULES, REGULATIONS OR STANDARDS PERTAINING TO THE ISSUANCE OF UNIFORM LAW ENFORCEMENT IDENTIFICATION CARDS. S 2. This act shall take effect on the sixtieth day after it shall have become a law.