senate Bill S289

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to transportation
Jan 07, 2009 referred to transportation

S289 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1102-a, V & T L

S289 (ACTIVE) - Summary

Prohibits the use of unmarked police vehicles to routinely stop motorists for vehicle and traffic law violations, with exceptions; further provides a definition of a marked vehicle; provides for enforcement by the attorney general.

S289 (ACTIVE) - Sponsor Memo

S289 (ACTIVE) - Bill Text download pdf

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

                                   289

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- 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  prohibiting
  the use of unmarked police vehicles

  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 1102-a to read as follows:
  S  1102-A.  USE  OF  UNMARKED POLICE VEHICLES PROHIBITED. (A) NOTWITH-
STANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, NO UNMARKED
OR CONCEALED IDENTITY POLICE VEHICLE SHALL BE USED BY ANY POLICE OFFICER
TO  ROUTINELY  STOP  OR  APPREHEND  OPERATORS  OF  MOTOR  VEHICLES   FOR
VIOLATIONS  OF THIS CHAPTER, AND NO GOVERNMENTAL ENTITY SHALL REQUIRE OR
PERMIT THE USE OF SUCH VEHICLES FOR SUCH PURPOSE, ON AND AFTER  NOVEMBER
FIRST,  TWO  THOUSAND  TEN; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN
THIS SECTION SHALL BE DEEMED TO PROHIBIT THE USE  OF  SUCH  VEHICLES  TO
STOP  OR  APPREHEND  OPERATORS  OF MOTOR VEHICLES FOR SUCH OFFENSES, BUT
ONLY UNDER CIRCUMSTANCES WHICH ARE  EXCEPTIONAL,  NECESSARY,  AND  WHICH
PRESENT A SUBSTANTIAL THREAT TO PUBLIC SAFETY. A POLICE VEHICLE SHALL BE
DEEMED TO BE UNMARKED OR HAVE A CONCEALED IDENTITY UNLESS IT IS EQUIPPED
WITH: (I) LIGHTS AS AUTHORIZED BY SUBDIVISION FORTY-ONE OF SECTION THREE
HUNDRED  SEVENTY-FIVE  OF THIS CHAPTER, WHICH ARE DISPLAYED AND VISIBLE;
(II) A HORN, SIREN, ELECTRONIC DEVICE, OR  EXHAUST  WHISTLE  FROM  WHICH
AUDIBLE  SIGNALS  ARE  SOUNDED;  AND  (III) AN INSIGNIA IDENTIFYING SUCH
VEHICLE AS A POLICE VEHICLE AS DEFINED BY THIS SECTION.
  (B) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,  AN  APPLICA-
TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDICTION  BY  A
SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION  AND,  UPON NOTICE TO THE
DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-

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

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