Senate Bill S7308A

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

                                 7308--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the executive law, in relation to requiring state and
  local law enforcement officers to identify themselves to the public

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

  Section  1. Declaration of legislative intent and findings. The legis-
lature finds that the people of the state of New York are in great  debt
to  the  hard  work  and  dedication  of  police officers in their daily
duties. The legislature further finds that mistrust of  law  enforcement
officers  based on real or perceived discrimination hinders law enforce-
ment efforts and is a threat to public safety. New York state and  local
police policy already requires that officers wear shields and nameplates
at  all  times while in uniform, and that they provide their rank, name,
shield number and command when asked.
  In adopting this act, it is the intent of the legislature to  increase
transparency in police practices and to build trust between police offi-
cers  and  members  of the public by providing the public with notice of
the reasons behind their encounters  with  the  police,  and  a  written
record  of  their interactions with the police in situations that do not
result in an arrest or summons.
  S 2. The executive law is amended by adding a new article 13-B to read
as follows:
                              ARTICLE 13-B
       IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
SECTION 268. DEFINITIONS.
        269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
  S 268. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING WORDS  SHALL
HAVE THE FOLLOWING MEANINGS:
  1.   "LAW ENFORCEMENT ACTIVITY" SHALL MEAN ANY OF THE FOLLOWING ACTIV-
ITIES WHEN CONDUCTED BY LAW ENFORCEMENT OFFICERS:
  A. NONCUSTODIAL QUESTIONING OF INDIVIDUALS;

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

                                                           LBD15613-02-2

S. 7308--A                          2

  B. PEDESTRIAN STOPS;
  C. FRISKS;
  D. SEARCHES OF INDIVIDUALS' PERSONS, PROPERTY, OR POSSESSIONS (INCLUD-
ING VEHICLES);
  E. TRAFFIC STOPS;
  F. ROADBLOCK OR CHECKPOINT STOPS;
  G. HOME SEARCHES; AND
  H. CONTACT WITH POTENTIAL VICTIMS OF AND WITNESSES TO CRIMES.
  2.  "NONCUSTODIAL QUESTIONING" SHALL MEAN BOTH THE ROUTINE, INVESTIGA-
TORY QUESTIONING OF INDIVIDUALS AND THE QUESTIONING  OF  SUSPECTS  WHERE
SUCH  INDIVIDUALS OR SUSPECTS HAVE NOT BEEN DETAINED AND ARE FREE TO END
THE ENCOUNTER AT WILL.
  S 269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.  1.
UPON  INITIATION  OF  LAW  ENFORCEMENT  ACTIVITY,  STATE  AND  LOCAL LAW
ENFORCEMENT OFFICERS, AS DEFINED IN THIS ARTICLE SHALL:
  A. IDENTIFY THEMSELVES TO THE SUBJECT OR SUBJECTS OF THE LAW  ENFORCE-
MENT ACTIVITY BY PROVIDING THEIR FULL NAME, RANK AND COMMAND; AND
  B. PROVIDE THE SPECIFIC REASON FOR THE LAW ENFORCEMENT ACTIVITY.
  C.  AT THE CONCLUSION OF LAW ENFORCEMENT ACTIVITY THAT DOES NOT RESULT
IN AN ARREST OR SUMMONS, THE SUBJECT OR SUBJECTS OF THE LAW  ENFORCEMENT
ACTIVITY  SHALL  BE PROVIDED WITH THE LAW ENFORCEMENT OFFICER'S BUSINESS
CARD, WHICH SHALL INCLUDE, AT A MINIMUM THE NAME, RANK, AND  COMMAND  OF
THE OFFICER.
  2. PARAGRAPHS A, B, AND C OF SUBDIVISION ONE OF THIS SECTION SHALL NOT
APPLY  WHERE A LAW ENFORCEMENT OFFICER IS NOT IN UNIFORM AND IDENTIFICA-
TION OF THE OFFICER WOULD COMPROMISE THE IMMEDIATE SAFETY OF THE  PUBLIC
OR  LAW  ENFORCEMENT  OFFICERS OR WOULD SERIOUSLY COMPROMISE A SPECIFIC,
ONGOING LAW ENFORCEMENT INVESTIGATION.
  S 3. Severability.   If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.