S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3231
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. BICHOTTE, MOSLEY, BARRON, ORTIZ -- read once and
   referred to the Committee 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.
                                                            LBD00184-01-9
              

 A. 3231                             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.