STATE OF NEW YORK
        ________________________________________________________________________

                                         7111--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL,  SALAZAR -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation -- recommitted to the Committee on Transportation in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law, in relation to limiting the
          frequency of traffic stops for minor violations; to amend the criminal
          procedure  law,  in  relation to the basis for a motion to suppress or
          exclude evidence; and to amend the executive law, in relation  to  the
          duties of the division of criminal justice services

          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  article 23-A to read as follows:
     3                                ARTICLE 23-A
     4                      CERTAIN TRAFFIC STOPS RESTRICTED
     5  Section 1106. Definitions.
     6          1107. Restrictions on traffic stops and searches.
     7          1108. Data collection.
     8          1109. Effect.
     9    §  1106.  Definitions. For the purposes of this article, the following
    10  terms shall have the following meanings:
    11    (a) "Primary violation" means a violation of this  chapter  that  does
    12  not constitute a secondary violation.
    13    (b) "Secondary violation" means any of the following:
    14    (1) the failure to have a valid certificate of inspection in violation
    15  of section three hundred six of this chapter;
    16    (2)  the  failure  to  have adequate windshield wipers in violation of
    17  paragraph (b) of subdivision one of section three  hundred  seventy-five
    18  of this chapter;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08933-02-4

        S. 7111--A                          2

     1    (3) the failure to have two lighted headlamps, in violation of subpar-
     2  agraph  one of paragraph (a) of subdivision two of section three hundred
     3  seventy-five of this chapter if the vehicle has one lighted headlamp;
     4    (4) the failure to have two lighted lamps on the rear, in violation of
     5  subparagraph  three of paragraph (a) of subdivision two of section three
     6  hundred seventy-five of this chapter if the vehicle has one lighted rear
     7  lamp;
     8    (5) the failure to have a light that illuminates the license plate, in
     9  violation of subparagraph four of paragraph (a) of  subdivision  two  of
    10  section three hundred seventy-five of this chapter;
    11    (6)  improper alignment or height of headlights, in violation of para-
    12  graph (b) of subdivision two of section three  hundred  seventy-five  of
    13  this chapter;
    14    (7)  excessively  bright  headlights, in violation of paragraph (c) of
    15  subdivision two of section three hundred seventy-five of this chapter;
    16    (8) obstructed view from a rearview mirror due  to  an  item  dangling
    17  from  the  mirror  in  violation  of paragraph (a) of subdivision ten of
    18  section three hundred seventy-five of this chapter, unless the  driver's
    19  view  is  so  obstructed  or  compromised  as to create a condition that
    20  increases the likelihood of injury or death;
    21    (9) obstructed view from an item on the front windshield in  violation
    22  of paragraph (a) of subdivision twelve-a of section three hundred seven-
    23  ty-five  of  this  chapter  unless the driver's view is so obstructed or
    24  compromised as to create a condition that increases  the  likelihood  of
    25  injury or death;
    26    (10)  excessive  tint  in violation of subparagraph one, two, three or
    27  four of paragraph (b) of subdivision twelve-a of section  three  hundred
    28  seventy-five of this chapter;
    29    (11) obstructed view from an item on the front windshield in violation
    30  of  subdivision  thirty  of  section  three hundred seventy-five of this
    31  chapter unless the driver's view is so obstructed or compromised  as  to
    32  create a condition that increases the likelihood of injury or death;
    33    (12) the failure to have two stop lamps, in violation of paragraph (b)
    34  of subdivision forty of section three hundred seventy-five of this chap-
    35  ter if the vehicle has one working stop lamp;
    36    (13)  excessive  noise  in  violation  of paragraph (a) of subdivision
    37  three of section three hundred eighty-six of this chapter;
    38    (14) expired motor vehicle registration or failure to properly display
    39  registration tags, in violation of section  four  hundred  one  of  this
    40  chapter;
    41    (15)  the failure of a pedestrian to obey a traffic control device, in
    42  violation of paragraph  three  of  subdivision  (b)  of  section  eleven
    43  hundred eleven of this title;
    44    (16)  the failure of a pedestrian to obey a traffic control device, in
    45  violation of paragraph four of subdivision (d) of section eleven hundred
    46  eleven of this title;
    47    (17) the failure of a pedestrian to obey a traffic control device,  in
    48  violation  of subdivision (b) or (c) of section eleven hundred twelve of
    49  this title;
    50    (18) crossing the street in a diagonal, in  violation  of  subdivision
    51  (c) of section eleven hundred fifty-two of this title;
    52    (19)  the failure to use the right side of the crosswalk, in violation
    53  of section eleven hundred fifty-two of this title;
    54    (20) the failure of a pedestrian to use the sidewalk or  walk  on  the
    55  left  side of the road, in violation of section eleven hundred fifty-six
    56  of this title;

        S. 7111--A                          3

     1    (21) the failure to signal a turn one hundred feet prior  to  turning,
     2  if  such  driver  has  signaled  a turn at any time prior to turning, in
     3  violation of subdivision (b) of section eleven  hundred  sixty-three  of
     4  this title;
     5    (22) any parking infraction in violation of section twelve hundred two
     6  of  this  title. Nothing in this provision shall prevent an officer from
     7  asking a driver unlawfully parked, or unlawfully obstructing traffic  or
     8  a fire hydrant, to move their car;
     9    (23)  littering, unless an object is thrown from a vehicle in a manner
    10  that creates a condition that increases  the  likelihood  of  injury  or
    11  death, in violation of section twelve hundred twenty of this title; or
    12    (24)  riding a bicycle without the proper lamp, bell, reflective tires
    13  or reflective devices, in violation of subdivisions (a), (b),  (c),  (d)
    14  and  (e)  of  section twelve hundred fifty-two of this title, unless the
    15  ability to view the bicycle or cyclist is so compromised as to create  a
    16  condition  that  substantially  increases  the  likelihood  of injury or
    17  death.
    18    (c) "Officer" means either a police officer as defined in  subdivision
    19  thirty-four  of  section  1.20  of the criminal procedure law or a peace
    20  officer as defined in section 2.10 of the criminal procedure law.
    21    § 1107. Restrictions on traffic stops and searches. (a) (1) Except  as
    22  provided  in  paragraph  two  of  this subdivision, an officer shall not
    23  stop, arrest, or detain the operator of a motor vehicle or bicycle, or a
    24  pedestrian:
    25    (i) for a secondary violation or suspicion of a secondary violation as
    26  defined in section eleven hundred six of this article; or
    27    (ii) based on suspicion or probable cause to believe that  the  driver
    28  or any passenger in the vehicle has an outstanding warrant for a failure
    29  to  pay  an  outstanding fine or fee or for a failure to appear in court
    30  for any offense.
    31    (2) An officer may stop, arrest, or detain the  operator  of  a  motor
    32  vehicle or bicycle or a pedestrian for a secondary violation if:
    33    (i) the officer lawfully stopped or detained the operator or pedestri-
    34  an for a primary violation or other offense not enumerated in this chap-
    35  ter; or
    36    (ii) the operator is driving a commercial vehicle.
    37    (3)  Notwithstanding  paragraph  two  of  this subdivision, an officer
    38  shall not stop, detain, or arrest the operator or passenger of  a  motor
    39  vehicle  or  bicycle,  or  a  pedestrian when the primary reason for the
    40  stop, detention, or arrest is the person's race, creed, color,  national
    41  origin, or other protected status under the human rights law.
    42    (b)  (1)  Prior  to asking for consent to search a vehicle, an officer
    43  shall advise an individual of their right  to  refuse  the  search.  The
    44  officer  shall provide the driver or passenger with a form setting forth
    45  the right to refuse the search, and the driver or passenger must sign  a
    46  form stating that the driver or passenger has been informed of the right
    47  to  refuse  the  search, and waives that right. The information and form
    48  must be provided to the driver or  passenger  in  that  person's  native
    49  language.
    50    (2)  Following  a  stop  for  a violation of this chapter, any officer
    51  equipped with a body-worn camera must activate the camera.  Prior to any
    52  search of an individual or their property following  such  a  stop,  the
    53  officer  must state the reason for any search of an individual's person,
    54  property or vehicle on the body-worn camera.
    55    (3) In any stop other than those based  on  an  alleged  violation  of
    56  subdivision  four or four-a of section eleven hundred ninety-two of this

        S. 7111--A                          4

     1  title, or paragraph (e) of subdivision two of  section  forty-nine-a  of
     2  the navigation law, or paragraph (d) of subdivision one of section 25.24
     3  of  the  parks,  recreation  and historic preservation law, an officer's
     4  perception  of the odor of cannabis shall not serve as a basis to search
     5  a motor vehicle, or to search the  driver,  occupants,  or  any  of  the
     6  contents of a motor vehicle.
     7    (4)  An officer may not use a drug-detection canine on a stopped motor
     8  vehicle unless the officer has probable cause to believe either that the
     9  motor vehicle contains illegal narcotics (other than cannabis), or  that
    10  a driver or an occupant of the motor vehicle possesses illegal narcotics
    11  (other than cannabis).
    12    § 1108. Data collection. (a) No later than January first, two thousand
    13  twenty-five,  each  law  enforcement agency subject to the provisions of
    14  this article shall begin collecting incident-level data on  all  traffic
    15  stops  conducted  by  officers  employed  by the law enforcement agency,
    16  including all information described in subdivision (c) of this section.
    17    (b) No later than January first, two  thousand  twenty-six,  each  law
    18  enforcement  agency  collecting  information as provided in this section
    19  shall furnish annually to the division of criminal justice services,  in
    20  a  manner  defined and prescribed by the division, a report of all stops
    21  conducted in the prior year by officers employed by the agency.
    22    (c) Each report required under subdivision (b) of this  section  shall
    23  include,  at  a  minimum,  the  following  information  for each stop or
    24  arrest:
    25    (1) the time, date, duration, and location of the stop;
    26    (2) the reason for the stop including the penal statute  or  provision
    27  of this chapter alleged to have been violated, if any;
    28    (3)  the year, make, model, registration number and state of registra-
    29  tion of the vehicle;
    30    (4) the result of the stop, such  as  no  action,  warning,  citation,
    31  search,  use  of  physical  force,  entry  of  information  into  a data
    32  collection database, or arrest;
    33    (5) the perceived race or ethnicity, gender, and age  of  each  person
    34  stopped;
    35    (6) whether the person stopped appeared to be experiencing a mental or
    36  other behavioral crisis;
    37    (7)  actions  taken by the officer during the stop, including, but not
    38  limited to, the following:
    39    (i) whether the officer searched any person, vehicle, or any property,
    40  and, if so, the type of search  (e.g.,  pat-down),  the  basis  for  the
    41  search, and the type of contraband or evidence discovered, if any;
    42    (ii) whether the officer asked for consent to search the person or any
    43  property, and, if so, whether consent was provided;
    44    (iii)   whether  the  officer  seized  any  property  and,  if  so,  a
    45  description of all property seized and the basis for the seizure;
    46    (iv) if weapons,  marijuana  or  controlled  substances  were  seized,
    47  detailed  descriptions of such items including weight of any substances,
    48  and make and model of any weapons;
    49    (v) whether the officer used physical force against any person and, if
    50  so, the type of force used, including whether any weapon was used;
    51    (vi)  if  anyone,  whether  officer  or  civilian,  was   injured,   a
    52  description  of  all  injuries  to  each  person,  whether treatment was
    53  provided, and the facility, if any, at which treatment was provided;
    54    (vii) whether the officer pointed a  firearm  or  a  conducted  energy
    55  device at any person;

        S. 7111--A                          5

     1    (viii)  whether a police dog performed a sniff, and if so, whether the
     2  dog alerted to the presence of contraband;
     3    (ix) whether the officer ordered any person to exit the vehicle and if
     4  so, where such person was detained;
     5    (x)  whether the officer handcuffed or otherwise physically restrained
     6  any person during the stop, such as by placing  a  person  in  a  police
     7  vehicle; and
     8    (xi)  whether the officer checked, or asked dispatch to check, for any
     9  outstanding warrants for the person;
    10    (8) if a traffic summons  or  ticket  was  issued,  the  violation  or
    11  violations alleged;
    12    (9) if an arrest was made, the offense or offenses charged;
    13    (10) the following information about the officer conducting the stop:
    14    (i) the officer's unique identification number; and
    15    (ii) the nature of the officer's assignment;
    16    (11) whether anyone died as a result of the encounter;
    17    (12) whether there was a motor vehicle accident; and
    18    (13)  whether  the  stop resulted in the seizure and/or impoundment of
    19  the vehicle, and the basis for such seizure.
    20    (d) Law enforcement agencies subject to this section shall not  report
    21  or make publicly available the address, social security number, or other
    22  unique   personal   identifying  information  of  the  persons  stopped,
    23  searched, or subjected to a property seizure. Law  enforcement  agencies
    24  are  solely  responsible for ensuring that restricted information of the
    25  individual stopped is not transmitted  to  the  department  of  criminal
    26  justice or otherwise released to the public.
    27    (e)  Each law enforcement agency covered by this section shall develop
    28  and make publicly available a policy governing review  and  auditing  of
    29  stop  data  collected to ensure officer compliance with the requirements
    30  of this article.
    31    § 1109. Effect. (a) Any evidence recovered from or  derived  during  a
    32  stop, arrest, detention, or search made in violation of this article, or
    33  recovered as a result of such a stop, arrest, detention, or search shall
    34  be  subject to the provisions of section 60.77 of the criminal procedure
    35  law. Nothing in this section shall be  construed  to  preempt  or  limit
    36  existing  remedies  or  causes  of  action  that  may  be  triggered  by
    37  violations of this article.
    38    (b) (1) This article shall supercede any local law or  ordinance  that
    39  would expand the bases for an officer to engage in a stop, search, cita-
    40  tion,  detention,  arrest,  or  questioning  beyond  those  specifically
    41  enumerated in this article, or otherwise conflict with or frustrate  the
    42  purpose of any provision of this article.
    43    (2)  This  article  shall  not  preempt local laws that would restrict
    44  further the role of law enforcement  officers  in  traffic  enforcement,
    45  including by:
    46    (i) assigning certain traffic enforcement functions to local officials
    47  or  personnel  who  are  authorized to conduct such functions instead of
    48  sworn law enforcement officers; or
    49    (ii) placing additional  limits  on  officer  conduct  or  questioning
    50  during traffic stops.
    51    §  2.  The  criminal  procedure law is amended by adding a new section
    52  60.77 to read as follows:
    53  § 60.77 Rules of evidence; admissibility of evidence  derived  from  the
    54            unlawful stop of a motor vehicle, bicyclist or pedestrian.
    55    1.  Evidence  derived from the unlawful stop of a motor vehicle, bicy-
    56  clist or pedestrian by a law  enforcement  officer  that  was  primarily

        S. 7111--A                          6

     1  based on a person's race, creed, color, national origin, or other status
     2  protected  under the human rights law, shall be inadmissible in a crimi-
     3  nal action against such person or any  other  person  whose  freedom  of
     4  movement was affected by the stop.
     5    2. For purposes of this section a stop is unlawful when, notwithstand-
     6  ing the existence of probable cause or reasonable suspicion to believe a
     7  person  has committed a traffic infraction or a petty offense defined in
     8  any city, town or village code, the law enforcement  officer  would  not
     9  have  initiated the stop but for a person's race, creed, color, national
    10  origin or other status protected under the human rights law.
    11    3. A motion to exclude evidence pursuant to this section shall be made
    12  and determined in the same manner as  a  pre-trial  motion  to  suppress
    13  evidence  pursuant to article seven hundred ten of this chapter, and the
    14  defendant shall bear the burden of proving by  a  preponderance  of  the
    15  evidence  that the stop was unlawful within the meaning of this section.
    16  In evaluating the motion to exclude, the court shall consider the nature
    17  of the traffic infraction or offense giving rise to the  stop,  the  law
    18  enforcement  officer's  usual  duties with respect to enforcement of the
    19  vehicle and traffic law or city, town or  village  code  provision,  any
    20  evidence  of  a pattern of discriminatory enforcement of such law within
    21  the jurisdiction, and any other evidence that may prove or disprove that
    22  such law was a pretext for an unlawful stop within the meaning  of  this
    23  section.
    24    4.  An  order  granting  a motion to exclude evidence pursuant to this
    25  section shall be appealable by the people in the same manner as an order
    26  suppressing evidence pursuant to subdivision eight of section 450.20  of
    27  this  chapter,  and an order denying a motion shall be appealable by the
    28  defendant pursuant to section 450.10 of this chapter.
    29    § 3. Section 837 of the executive law  is  amended  by  adding  a  new
    30  subdivision 24 to read as follows:
    31    24.  Accept  information  from  law  enforcement  agencies pursuant to
    32  subdivision (c) of section eleven hundred eight of the vehicle and traf-
    33  fic law and make the information, including  the  unique  identification
    34  number  of  the  officer making the stop, publicly available online in a
    35  manner that is clear, understandable, analyzable, and accessible to  the
    36  public.
    37    §  4. This act shall take effect on the first of January next succeed-
    38  ing the date upon which it shall have become a law.