S T A T E O F N E W Y O R K
________________________________________________________________________
830
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE -- Multi-Sponsored by -- M. of A. ROBIN-
SON, WEISENBERG -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to requiring identification
for anyone over sixteen years of age to be on their person at all
times
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 190.22 to
read as follows:
S 190.22 REQUIRED IDENTIFICATION.
1. ANYONE OVER SIXTEEN YEARS OF AGE SHALL HAVE APPROVED NEW YORK STATE
PHOTO IDENTIFICATION ON THEIR PERSON AT ALL TIMES.
2. A PERSON FOUND IN VIOLATION OF THIS SECTION SHALL BE CHARGED A FINE
NOT TO EXCEED TWO HUNDRED DOLLARS. THE POLICE OFFICER MUST BE IN
PERFORMANCE OF HIS OR HER DUTIES TO ASK FOR PHOTO IDENTIFICATION, SUCH
AS, BUT NOT LIMITED TO, A TRAFFIC STOP, INVESTIGATION OF A SUSPICIOUS
PERSON OR INVESTIGATION OF CRIMINAL ACTIVITY. THERE SHALL BE NO JAIL
TIME ASSOCIATED WITH THIS VIOLATION.
3. APPROVED FORMS OF PHOTO IDENTIFICATION REQUIRED IN SUBDIVISION ONE
OF THIS SECTION SHALL INCLUDE A DRIVER'S LICENSE OR LEARNER'S PERMIT
ISSUED PURSUANT TO ARTICLE NINETEEN OF THE VEHICLE AND TRAFFIC LAW, A
RESTRICTED USE LICENSE ISSUED PURSUANT TO SECTION FIVE HUNDRED THIRTY OF
THE VEHICLE AND TRAFFIC LAW, A NON-DRIVER IDENTIFICATION CARD ISSUED
PURSUANT TO ARTICLE SEVENTEEN-A OF THE VEHICLE AND TRAFFIC LAW, A NEW
YORK STATE BENEFIT CARD, AN OUT-OF-STATE DRIVER'S LICENSE, MILITARY
IDENTIFICATION, OR SCHOOL/COLLEGE IDENTIFICATION.
S 2. This act shall take effect the first of November next succeeding
the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01210-01-9