Bill Text: NY S01401 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the transport of a person in an unmarked police vehicle or concealed identity police vehicle after being arrested, detained or apprehended by a police officer or peace officer who is not wearing his or her uniform unless an officer in uniform is present for the duration of the transport; prohibits stops and searches by a police officer or peace officer who is not wearing his or her uniform using an unmarked police vehicle or a concealed identity police vehicle unless an officer in uniform is present for the duration of the stop and search.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S01401 Detail]

Download: New_York-2023-S01401-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1401

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the civil rights law, in relation to limiting the trans-
          port of an arrested, detained or apprehended  person  in  an  unmarked
          police  vehicle  or  concealed  identity police vehicle and the use of
          such vehicles for stops and searches

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

     1    Section  1.  The  civil  rights law is amended by adding a new section
     2  73-a to read as follows:
     3    § 73-a. Use of unmarked police vehicle for stop and search  or  trans-
     4  port  of arrested, detained or apprehended person. 1. No person shall be
     5  transported in an unmarked police vehicle or a concealed identity police
     6  vehicle after being arrested, detained or apprehended by a police  offi-
     7  cer  or peace officer of a governmental entity who is not wearing his or
     8  her police uniform unless an officer in uniform from  the  same  govern-
     9  mental entity is present for the duration of the transport.
    10    2.  No  person  shall  be  stopped and searched by a police officer or
    11  peace officer of a governmental entity who is travelling in an  unmarked
    12  police  vehicle or a concealed identity police vehicle unless such offi-
    13  cer is wearing his or her police uniform or is accompanied by an officer
    14  in uniform from the same governmental entity and such uniformed  officer
    15  is present for the duration of the stop and the search.
    16    3. A police vehicle shall be deemed to be unmarked or have a concealed
    17  identity unless it is equipped with:
    18    (a)  lights  as  authorized  by subdivision forty-one of section three
    19  hundred seventy-five of the vehicle and traffic law, which are displayed
    20  and visible;
    21    (b) a horn, siren, electronic device, or exhaust  whistle  from  which
    22  audible signals are sounded; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02959-01-3
        S. 1401                             2

     1    (c)  an  insignia  identifying  such  vehicle  as  a police vehicle as
     2  defined by this section.
     3    4. Upon a violation of this section, an application may be made by the
     4  attorney general in the name of the people of the state of New York to a
     5  court or justice having jurisdiction by a special proceeding to issue an
     6  injunction  and,  upon  at  least  five days notice to the defendant, to
     7  enjoin and restrain the continuance of  such  violations.  If  it  shall
     8  appear  to  the  satisfaction of the court or justice that the defendant
     9  has violated this section, an injunction may be issued by the  court  or
    10  justice,  enjoining  and  restraining  any  further  violations, without
    11  requiring proof that any person has, in fact, been  injured  or  damaged
    12  thereby.  In  any  such proceeding, the court may make allowances to the
    13  attorney general as provided in paragraph  six  of  subdivision  (a)  of
    14  section  eighty-three hundred three of the civil practice law and rules,
    15  and direct restitution. In connection with any  such  proposed  applica-
    16  tion, the attorney general is authorized to take proof and make a deter-
    17  mination of the relevant facts and to issue subpoenas in accordance with
    18  the civil practice law and rules.
    19    5. For the purposes of this section:
    20    (a)  "governmental  entity"  means  the  state,  a public authority, a
    21  police district, a county, town, city, or village;
    22    (b) "police officer" means a police officer as defined in  subdivision
    23  thirty-four of section 1.20 of the criminal procedure law;
    24    (c)  "peace  officer" means a peace officer as defined in section 2.10
    25  of the criminal procedure law; and
    26    (d) "police vehicle" means every vehicle for which the state, a public
    27  authority, a police district, a county, town, city, or  village  is  the
    28  owner  and which is operated by the police department or law enforcement
    29  agency of such governmental unit or by a constable or  police  constable
    30  of a town when acting pursuant to his or her special duties.
    31    § 2. This act shall take effect immediately.