Bill Text: NY A03890 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits motor vehicle stops for secondary violations, including certain violations relating to vehicle registration, equipment, and inspection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to transportation [A03890 Detail]

Download: New_York-2023-A03890-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3890

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 8, 2023
                                       ___________

        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Transportation

        AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
          motor vehicle stops for certain violations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1210-a to read as follows:
     3    § 1210-a. Motor vehicle stops by a police officer. 1. For the purposes
     4  of this section:
     5    (a)  "Primary  violation"  means  a violation of a provision of law of
     6  this chapter that does not constitute a secondary violation.
     7    (b) "Secondary violation" means the following provisions:
     8    (i) section four hundred one of this chapter,  when  the  vehicle  had
     9  been  previously  registered  within  the state within sixty days of the
    10  observed violation;
    11    (ii) section 21.2 of title fifteen of the New York state codes, rules,
    12  and regulations, where the violation is related to the location  of  the
    13  permit but the permit is otherwise clearly displayed;
    14    (iii)  section  four  hundred two of this chapter, where the violation
    15  pertains to a plate not securely fastened to the vehicle but such  plate
    16  is otherwise clearly displayed;
    17    (iv)  subdivision  two  of  section three hundred seventy-five of this
    18  chapter, where the violation for lighting equipment not illuminating  is
    19  limited  to a single brake light, head light, or running light; a single
    20  bulb in a larger light of the same; or any other single light or bulb of
    21  a vehicle light;
    22    (v) subdivision thirty of section three hundred seventy-five  of  this
    23  chapter;
    24    (vi)  subdivision forty-eight of section three hundred seventy-five of
    25  this chapter; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07185-01-3
        A. 3890                             2

     1    (vii) section three hundred one of this chapter or  section  174.3  of
     2  title fifteen of the New York state codes, rules, and regulations.
     3    2.  A  police  officer or law enforcement officer may initiate a motor
     4  vehicle stop and, at their discretion, cite a driver for a violation  of
     5  a primary violation without observing any other violation of the laws of
     6  this chapter.
     7    3.  A  police  officer or other law enforcement officer may initiate a
     8  motor vehicle stop for a secondary violation observed only  where  there
     9  is  a simultaneously-observed primary violation for which an officer, at
    10  their discretion, could issue a citation.
    11    § 2. This act shall take effect immediately.