S T A T E O F N E W Y O R K
________________________________________________________________________
2992
2017-2018 Regular Sessions
I N A S S E M B L Y
January 23, 2017
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Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
tee on Governmental Operations
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.
§ 2. The executive law is amended by adding a new section 233 to read
as follows:
§ 233. IDENTIFICATION OF LAW ENFORCEMENT OFFICERS. 1. AS USED IN THIS
ARTICLE THE FOLLOWING WORDS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "LAW ENFORCEMENT ACTIVITY" SHALL MEAN ANY OF THE FOLLOWING ACTIV-
ITIES WHEN CONDUCTED BY LAW ENFORCEMENT OFFICERS:
(I) NONCUSTODIAL QUESTIONING OF INDIVIDUALS;
(II) PEDESTRIAN STOPS;
(III) FRISKS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02232-01-7
A. 2992 2
(IV) SEARCHES OF INDIVIDUALS' PERSONS, PROPERTY, OR POSSESSIONS
(INCLUDING VEHICLES);
(V) TRAFFIC STOPS;
(VI) ROADBLOCK OR CHECKPOINT STOPS;
(VII) HOME SEARCHES; AND
(VIII) CONTACT WITH POTENTIAL VICTIMS OF AND WITNESSES TO CRIMES.
(B) "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.
2. UPON INITIATION OF LAW ENFORCEMENT ACTIVITY, STATE AND LOCAL LAW
ENFORCEMENT OFFICERS 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, COMMAND OF THE
OFFICER AND A PHONE NUMBER THAT THE SUBJECT OF THE LAW ENFORCEMENT
ACTIVITY MAY USE TO SUBMIT COMMENTS OR COMPLAINTS ABOUT THE ENCOUNTER.
3. SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY WHERE A LAW
ENFORCEMENT OFFICER IS NOT IN UNIFORM AND IDENTIFICATION OF THE OFFICER
WOULD COMPROMISE THE IMMEDIATE SAFETY OF THE PUBLIC OR LAW ENFORCEMENT
OFFICERS OR WOULD SERIOUSLY COMPROMISE A SPECIFIC, ONGOING LAW ENFORCE-
MENT INVESTIGATION.
§ 3. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction 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.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.