Bill Text: NY S07111 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 7111

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Prohibits a law enforcement officer from stopping, arresting, or detaining the operator of a motor vehicle or bicycle, or a pedestrian for certain minor violations of the vehicle and traffic law or based on suspicion or probable cause to believe that the driver or any passenger in the vehicle has an outstanding warrant; provides for the suppression or exclusion of evidence obtained in violation of such provisions; relates to the duties of the division of criminal justice services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-03-26 - PRINT NUMBER 7111A [S07111 Detail]

Download: New_York-2023-S07111-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          7111

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- 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 limiting the
          frequency of traffic stops for  minor  violations  in  furtherance  of
          racial  equity  and public safety; and to amend the criminal procedure
          law, in relation to the basis for a  motion  to  suppress  or  exclude
          evidence

          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 1106 to read as follows;
     3    § 1106. Restriction of traffic stops for limited reasons. (a) Where no
     4  other  reason for a motor vehicle stop exists, a law enforcement officer
     5  may not initiate a  stop  for  a  violation  of  any  of  the  following
     6  provisions of this chapter:
     7    (1)  failure to display certificate of inspection pursuant to subdivi-
     8  sion (b) of section three hundred six;
     9    (2) failure to equip a motor vehicle with two  working  headlights  or
    10  taillights  pursuant  to subdivision two of section three hundred seven-
    11  ty-five, except that an officer may stop a motor  vehicle  driven  after
    12  sunset  if  it  does not have at least one functioning headlight and one
    13  functioning taillight;
    14    (3) failure to equip  motor  vehicle  with  white  light  illuminating
    15  numerals  of a number plate pursuant to subdivision two of section three
    16  hundred seventy-five, where number on number plate is otherwise discern-
    17  ible;
    18    (4) driving with a tinted windshield or window pursuant to subdivision
    19  twelve-a of section three hundred seventy-five;
    20    (5) affixing objects to  windows  or  hanging  objects  from  rearview
    21  mirror  pursuant to subdivision thirty of section three hundred seventy-
    22  five;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08933-01-3

        S. 7111                             2

     1    (5) driving with a missing or broken brake light pursuant to  subdivi-
     2  sion forty of section three hundred seventy-five;
     3    (6)  failure to display certificate of registration or driving with an
     4  expired registration pursuant to section four hundred one;
     5    (7) failure to properly display license plates pursuant to subdivision
     6  one of section four hundred two, where number on rear license  plate  is
     7  discernible; or
     8    (8)  failure  to signal when making a turn or switching lanes pursuant
     9  to section eleven hundred sixty-three.
    10    (b) A law enforcement officer who witnesses a violation of one of  the
    11  above  provisions  may  mail  a warning letter to the owner of the motor
    12  vehicle at issue notifying them of the violation and date of its commis-
    13  sion.
    14    (c) Evidence obtained in violation of subdivision one of this  section
    15  above is inadmissible at any criminal proceeding pursuant to subdivision
    16  eight of section 710.20 of the criminal procedure law.
    17    (d)  Evidence  obtained  pursuant to violations of other provisions of
    18  this chapter is inadmissible at  any  criminal  proceeding  pursuant  to
    19  subdivision eight of section 710.20 of the criminal procedure law unless
    20  the lawfulness of the encounter is corroborated by video recording or by
    21  evidence other than law enforcement testimony.
    22    § 2. Section 710.20 of the criminal procedure law is amended by adding
    23  a new subdivision 8 to read as follows:
    24    8.  Consists  of  evidence  obtained  in  violation  of section eleven
    25  hundred six of the vehicle and traffic law.
    26    § 3. This act shall take effect on the first of January next  succeed-
    27  ing the date upon which it shall have become a law.