Bill Text: NY S04424 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires state and local law enforcement officers to identify themselves to the public upon initiation of law enforcement activity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S04424 Detail]

Download: New_York-2021-S04424-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4424

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 4, 2021
                                       ___________

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

        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 article 13-B to read
    17  as follows:
    18                                ARTICLE 13-B
    19         IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
    20  Section 268. Definitions.
    21          269. Identification of state and local law enforcement officers.
    22    §  268. Definitions. As used in this article the following words shall
    23  have the following meanings:
    24    1.  "Law enforcement activity" shall mean any of the following  activ-
    25  ities when conducted by law enforcement officers:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09177-01-1
        S. 4424                             2

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