S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9139

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced  by  M.  of  A.  CANESTRARI  -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the develop-
  ment and implementation of an  interface  between  the  department  of
  motor  vehicles  and  the  state  police  for the purpose of comparing
  information submitted by individuals engaging in  in-person,  mail  or
  internet  transactions  with  the department of motor vehicles to open
  criminal warrants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 399-p to read as follows:
  S 399-P. POLICE INFORMATION INTERFACE.    1.  THE  COMMISSIONER  SHALL
ESTABLISH  A  PROGRAM  TO ALLOW THE DEPARTMENT TO INTERFACE WITH THE NEW
YORK STATE POLICE INFORMATION NETWORK (NYSPIN),  SUCH  THAT  INFORMATION
SUBMITTED  BY INDIVIDUALS ENGAGING IN IN-PERSON, MAIL OR INTERNET TRANS-
ACTIONS WITH THE DEPARTMENT SHALL BE COMPARED TO OPEN CRIMINAL WARRANTS.
THE COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF STATE POLICE,  THE
DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, AND THE OFFICE FOR TECHNOLOGY
SHALL DEVELOP AND IMPLEMENT SUCH INTERFACE, PURSUANT  TO  THE  FOLLOWING
STANDARDS.
  2. THE INTERFACE SHALL AUTOMATICALLY CONDUCT A REAL-TIME COMPARISON OF
TRANSACTIONAL  INFORMATION ENTERED INTO DEPARTMENT DATABASES AND CURRENT
WARRANT INFORMATION CONTAINED IN NYSPIN. WHEN SUCH COMPARISON  YIELDS  A
CORRELATION  SUFFICIENT  TO  BE CONSIDERED A MATCH, AS DETERMINED BY THE
DIVISION OF STATE POLICE,  A  COMPUTERIZED  SYSTEM  SHALL  AUTOMATICALLY
TRANSMIT ALL DEPARTMENT INFORMATION PERTINENT TO THE WARRANT TO STATE OR
LOCAL  LAW  ENFORCEMENT. THE COMPUTERIZED SYSTEM SHALL NOT, AT ANY TIME,
ALERT THE DEPARTMENT OR ITS EMPLOYEES OF THE RESULTS  OF  THE  INTERFACE
PROCESS.
  3. DEPARTMENT INFORMATION THAT SHALL BE TRANSMITTED TO LAW ENFORCEMENT
AGENCIES  MAY  INCLUDE,  BUT IS NOT LIMITED TO: PHOTOGRAPHS AND PHYSICAL
CHARACTERISTICS OF AN INDIVIDUAL, DESCRIPTIONS OF VEHICLES REGISTERED TO
AND/OR OWNED BY AN INDIVIDUAL, THE LAST KNOWN ADDRESS AND CONTACT INFOR-

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

                                                           LBD11024-01-1

A. 9139                             2

MATION OF AN INDIVIDUAL, THE PRESENT LOCATION OF AN INDIVIDUAL, AND  THE
DRIVER IDENTIFICATION AND SOCIAL SECURITY NUMBERS OF AN INDIVIDUAL. SUCH
INFORMATION  SHALL  ONLY  BE TRANSMITTED TO A LAW ENFORCEMENT AGENCY FOR
USE  IN  CARRYING  OUT  ITS  FUNCTIONS, PURSUANT TO THE FEDERAL DRIVER'S
PRIVACY PROTECTION ACT (18 U.S.C. S 2721 ET. SEQ.).
  4. OPERATION AND MAINTENANCE OF THE INTERFACE  SHALL  BE  BY  A  JOINT
EFFORT OF THE DEPARTMENT AND THE DIVISION OF STATE POLICE.
  5.  THE SUPERINTENDENT OF THE STATE POLICE SHALL DEVELOP PROTOCOLS AND
IMPLEMENT TRAINING TO ENSURE THE SAFETY OF ALL DEPARTMENT EMPLOYEES  AND
CUSTOMERS. SUCH PROTOCOLS AND TRAINING SHALL INCLUDE, BUT ARE NOT LIMIT-
ED  TO,  PROCEDURES  FOR  THE  EXECUTION OF A WARRANT BY LAW ENFORCEMENT
AGENTS WHEN A MATCH RESULTS FROM INFORMATION  YIELDED  BY  AN  IN-PERSON
TRANSACTION.
  S  2.  Within  twelve  months  of  the effective date of this act, the
commissioner of the department of motor  vehicles  shall  implement  the
interface  described in section one of this act and shall promulgate all
rules and regulations he or she deems necessary to implement the  utili-
zation of the interface.
  S 3. This act shall take effect immediately.