senate Bill S289

Prohibits the use of unmarked police vehicles to routinely stop motorists for vehicle and traffic law violations, with exceptions

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO TRANSPORTATION
  • 06 / Jan / 2010
    • REFERRED TO TRANSPORTATION

Summary

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Bill Details

Versions:
S289
Legislative Cycle:
2009-2010
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law

Sponsor Memo

BILL NUMBER: S289

TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to
prohibiting the use of unmarked police vehicles


PURPOSE :
To prevent motorists from being victimized by criminals impersonating
police officers by providing that only marked police vehicles may be
used to pull over motorists for alleged violations of the vehicle and
traffic law.

SUMMARY OF PROVISIONS :
Section 1 adds a new ยง1102-a to the vehicle and traffic law to
prohibit the use of unmarked police cars to routinely stop or
apprehend operators of motor vehicles for certain violations.

Section 2 contains the effective date.

JUSTIFICATION :
On April 17, 1996, Governor Pataki issued Executive Order
35 providing that unmarked police vehicles of the State of New York
could no longer be used for the routine stopping of motorists in
connection with traffic violations. The Governor's Executive Order
referred to the incidence of motorists being "victimized by criminals
driving private vehicles falsely impersonating police officers on
patrol."

This bill simply seeks to extend the logic of the Governor's Executive
Order to local police fleets. The compelling public safety concerns
behind the Governor's decision to bar unmarked State police vehicles
from pulling over motorists for alleged traffic violations apply
equally well to unmarked local and municipal police vehicles. The bill
explicitly states that it applies only to attempted stops made in
connection with traffic violations; unmarked police cars may still be
used for traffic surveillance and to pull over motorists for alleged
penal law violations. Furthermore, the bill makes clear that the use
of an unmarked police car to pull over a motorist for a traffic
violation shall not mitigate or invalidate an otherwise legal stop.

LEGISLATIVE. HISTORY :

2007/08: S.5111 Transportation; A.6088 Transportation
2005/06: S.4910-A Transportation; A.1268 Transportation

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect immediately.
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