Senate Bill S289

                            
                    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.
              

                                                           LBD00437-01-9

S. 289                              2

UANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION  OF
THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
TION.  IN  CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE  A  DETERMINATION  OF  THE
RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES.
  (C)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS: "GOVERNMENTAL ENTITY" SHALL MEAN  THE  STATE,  A
PUBLIC  AUTHORITY,  A POLICE DISTRICT, A COUNTY, TOWN, CITY, OR VILLAGE;
"POLICE OFFICER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;  AND  "POLICE
VEHICLE" SHALL MEAN EVERY VEHICLE FOR WHICH THE STATE, A PUBLIC AUTHORI-
TY, A POLICE DISTRICT, A COUNTY, TOWN, CITY, OR VILLAGE IS THE OWNER AND
WHICH  IS OPERATED BY THE POLICE DEPARTMENT OR LAW ENFORCEMENT AGENCY OF
SUCH GOVERNMENTAL UNIT OR BY A CONSTABLE OR POLICE CONSTABLE OF  A  TOWN
WHEN ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES.
  S 2. This act shall take effect immediately.