Authorizes the dissemination of driver license photos to police agencies.
Ayes (53): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (9): Adams, Espaillat, Gipson, Hoylman, Montgomery, Parker, Perkins, Squadron, Tkaczyk
Excused (1): Sanders
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to allowing photo images on driver's licenses to be available to police agencies
PURPOSE: To allow police officers and investigators to utilize photo images on a driver's license or driver's permit to compare it to the picture on record of the operator of a vehicle or while investigating individuals.
SUMMARY OF PROVISIONS: This bill would amend section 504(3) of the Vehicle and Traffic Law to permit police departments to have available the photo image of an individual licensed to drive a vehicle in the State of New York. The image could then be transmitted to computers operated by officers and investigators in the field to provide them a useful investigative tool in conducting law enforcement duties and investigations.
EXISTING LAW: VTL section 504 does not require such photos be provided to law enforcement.
JUSTIFICATION: With improving technology and better access to the records of the Department of Motor Vehicles, a licensee's photo is readily available. Police officers and investigators can easily access this photo image during the performance of their duties which can be a useful investigative device for multiple purposes
Last Year, Governor Cuomo recognized the importance of this matter and announced a new data sharing initiative that gave law enforcement agencies greater and instantaneous access to information housed by the Department of Motor Vehicles (DMV) through a secure internet portal. This information included photos of all New York State drivers and non-drivers, vehicle registrations, drivers' lifetime driving histories, as well as real-time notifications of traffic violations and other changes to a driver's record.
This legislation would statutorily give police officers access to photo images
LEGISLATIVE HISTORY: 2011-2012: Passed Senate (S.4070/A.5662) 2007: Passed Senate (S.3573)
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 772 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. FUSCHILLO, GALLIVAN, MAZIARZ, O'MARA -- 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 allowing photo images on driver's licenses to be available to police agencies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 504 of the vehicle and traffic law, as amended by chapter 173 of the laws of 1990, is amended to read as follows: 3. Notwithstanding any other provision of law, any photo image taken as part of the application procedure for a learner's permit or an original, duplicate, renewal or amended driver's license shall not be a public record, EXCEPT THE PHOTO IMAGE WILL BE AVAILABLE TO A POLICE AGENCY. S 2. The commissioner of motor vehicles shall promulgate regulations to implement the technology so that the photo image of a driver's license shall be available to police agencies who may transmit such image to police officers effectuating their duties. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01341-01-3