Bill Text: NY A06798 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to requiring state and local law enforcement officers to identify themselves to the public during law enforcement activities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A06798 Detail]

Download: New_York-2021-A06798-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6798

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      April 8, 2021
                                       ___________

        Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  BARRON  -- read once and
          referred to the Committee on Governmental Operations

        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:

     1    Section 1. Declaration of legislative intent and findings. The  legis-
     2  lature  finds that the people of the state of New York are in great debt
     3  to the hard work and  dedication  of  police  officers  in  their  daily
     4  duties.  The  legislature further finds that mistrust of law enforcement
     5  officers based on real or perceived discrimination hinders law  enforce-
     6  ment efforts and is a threat to public safety.  New York state and local
     7  police policy already requires that officers wear shields and nameplates
     8  at  all  times while in uniform, and that they provide their rank, name,
     9  shield number and command when asked.
    10    In adopting this act, it is the intent of the legislature to  increase
    11  transparency in police practices and to build trust between police offi-
    12  cers  and  members  of the public by providing the public with notice of
    13  the reasons behind their encounters  with  the  police,  and  a  written
    14  record  of  their interactions with the police in situations that do not
    15  result in an arrest or summons.
    16    § 2. The executive law is amended by adding a new section 235 to  read
    17  as follows:
    18    §  235. Identification of law enforcement officers. 1. As used in this
    19  article the following words shall have the following meanings:
    20    (a) "Law enforcement activity" shall mean any of the following  activ-
    21  ities when conducted by law enforcement officers:
    22    (i) noncustodial questioning of individuals;
    23    (ii) pedestrian stops;
    24    (iii) frisks;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06225-01-1
        A. 6798                             2

     1    (iv)  searches  of  individuals'  persons,  property,  or  possessions
     2  (including vehicles);
     3    (v) traffic stops;
     4    (vi) roadblock or checkpoint stops;
     5    (vii) home searches; and
     6    (viii) contact with potential victims of and witnesses to crimes.
     7    (b) "Noncustodial questioning" shall mean both the routine, investiga-
     8  tory  questioning  of  individuals and the questioning of suspects where
     9  such individuals or suspects have not been detained and are free to  end
    10  the encounter at will.
    11    2.  Upon  initiation  of law enforcement activity, state and local law
    12  enforcement officers shall:
    13    (a) Identify themselves to the subject or subjects of the law enforce-
    14  ment activity by providing their full name, rank and command; and
    15    (b) Provide the specific reason for the law enforcement activity.
    16    (c) At the conclusion of law enforcement activity that does not result
    17  in an arrest or summons, the subject or subjects of the law  enforcement
    18  activity  shall  be provided with the law enforcement officer's business
    19  card, which shall include, at a minimum the name, rank, command  of  the
    20  officer  and  a  phone  number  that  the subject of the law enforcement
    21  activity may use to submit comments or complaints about the encounter.
    22    3. Subdivision two of  this  section  shall  not  apply  where  a  law
    23  enforcement  officer is not in uniform and identification of the officer
    24  would compromise the immediate safety of the public or  law  enforcement
    25  officers  or would seriously compromise a specific, ongoing law enforce-
    26  ment investigation.
    27    § 3. Severability. If any clause, sentence, paragraph, section or part
    28  of this act shall be adjudged by any court of competent jurisdiction  to
    29  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    30  remainder thereof, but shall be confined in its operation to the clause,
    31  sentence, paragraph, section or part thereof directly  involved  in  the
    32  controversy in which such judgment shall have been rendered.
    33    §  4.  This  act shall take effect on the ninetieth day after it shall
    34  have become a law.