S T A T E O F N E W Y O R K
________________________________________________________________________
3102--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
Introduced by M. of A. McDONALD, MOSLEY, BROOK-KRASNY, STECK, LAWRENCE
-- Multi-Sponsored by -- M. of A. RAMOS -- read once and referred to
the Committee on Transportation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 OF INFORMATION
TECHNOLOGY SERVICES 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,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02467-03-5
A. 3102--A 2
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-
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, provided, however, that
the amendments to article 12-C of title 3 of the vehicle and traffic law
made by section one of this act shall not affect the repeal of such
article and shall be deemed repealed therewith.