S T A T E O F N E W Y O R K
________________________________________________________________________
9496
I N S E N A T E
July 5, 2022
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to bystander
reporting of stolen, false or fraudulent license plates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 392-a of the vehicle and traffic law, as amended by
chapter 307 of the laws of 1994, is amended to read as follows:
§ 392-a. Sale or purchase of stolen, false or fraudulent license,
identification card, certificate of registration, or number plate. 1. A
person who knowingly sells or offers to sell or buys or offers to buy a
false, fraudulent or stolen license, identification card, certificate of
registration or number plate, shall be guilty of a misdemeanor as a
first offense and a class E felony as a second or subsequent offense
committed within ten years of the prior offense.
2. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFINITIONS
SHALL APPLY:
(I) "BYSTANDER" SHALL MEAN ANY NATURAL PERSON, OTHER THAN A POLICE
OFFICER OR OTHER GOVERNMENTAL EMPLOYEE AUTHORIZED TO SERVE SUMMONS FOR A
VIOLATION OF THIS SECTION, WHO OBSERVES A NUMBER PLATE ON A MOTOR VEHI-
CLE THAT HE OR SHE BELIEVES TO BE STOLEN, FALSE, AND/OR FRAUDULENT AND
REPORTS SUCH BELIEVED VIOLATION TO THE LOCAL ENFORCEMENT AUTHORITY
PURSUANT TO THE PROVISIONS OF THIS SECTION.
(II) "LOCAL ENFORCEMENT AUTHORITY" SHALL MEAN ANY POLICE DEPARTMENT OR
OTHER GOVERNMENTAL ENTITY DESIGNATED BY A MUNICIPALITY TO ENFORCE THE
PROVISIONS OF THIS CHAPTER.
(III) "MUNICIPALITY" SHALL MEAN A COUNTY OUTSIDE THE CITY OF NEW YORK,
OR A CITY, TOWN, OR VILLAGE.
(B) EACH MUNICIPALITY IN THIS STATE SHALL CREATE A PROGRAM IN WHICH A
BYSTANDER MAY REPORT TO THE LOCAL ENFORCEMENT AUTHORITY A NUMBER PLATE
THAT HE OR SHE BELIEVES TO BE STOLEN, FALSE, AND/OR FRAUDULENT ON A FORM
PRESCRIBED BY SUCH MUNICIPALITY. THE MUNICIPALITY SHALL MAKE AVAILABLE
AND POST ONLINE INFORMATION DESCRIBING SUCH PROGRAM AND ALL DETAILS THAT
THE LOCAL ENFORCEMENT AUTHORITY DEEMS NECESSARY AND RELEVANT TO INCLUDE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16066-01-2
S. 9496 2
IN A BYSTANDER REPORT WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, TIME AND
DATE VERIFICATION, MAKE, MODEL, AND COLOR OF THE MOTOR VEHICLE, LICENSE
PLATE NUMBER, AND ISSUING STATE. SUCH INFORMATION SHALL INCLUDE GUIDANCE
ON GATHERING SUPPORTING DOCUMENTATION AND SHALL CLEARLY DESCRIBE ANTIC-
IPATED TIMELINES FOR THE INVESTIGATION OF SUCH ALLEGED VIOLATION AND
ISSUANCE OF FINES.
(C) ANY BYSTANDER WHO HAS SERVED A COMPLAINT UPON A LOCAL ENFORCEMENT
AUTHORITY, PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, SHALL RECEIVE
TWENTY-FIVE PERCENT OF THE PROCEEDS OF ANY FINE, ISSUED UNDER ARTICLE
EIGHTY OF THE PENAL LAW, FOR DISCLOSURE OF INFORMATION OR EVIDENCE NOT
IN THE POSSESSION OF SUCH AUTHORITY PRIOR TO THE RECEIPT OF THE
BYSTANDER'S COMPLAINT WHICH LEADS TO A CONVICTION OF THE OFFENSE
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION.
(D) A MUNICIPALITY MAY ENTER INTO A JOINT SERVICE AGREEMENT, CONSIST-
ENT WITH SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW,
WITH ANOTHER MUNICIPALITY IN ORDER TO EFFECTUATE THE PROVISIONS OF THIS
SECTION.
§ 2. Section 402 of the vehicle and traffic law is amended by adding a
new subdivision 9 to read as follows:
9. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING DEFINITIONS
SHALL APPLY:
(I) "BYSTANDER" SHALL MEAN ANY NATURAL PERSON, OTHER THAN A POLICE
OFFICER OR OTHER GOVERNMENTAL EMPLOYEE AUTHORIZED TO SERVE SUMMONS FOR A
VIOLATION OF THIS SECTION, WHO OBSERVES A NUMBER PLATE ON A MOTOR VEHI-
CLE THAT HE OR SHE BELIEVES TO VIOLATE THE PROVISIONS OF PARAGRAPH (B)
OF SUBDIVISION ONE OF THIS SECTION.
(II) "LOCAL ENFORCEMENT AUTHORITY" SHALL MEAN ANY POLICE DEPARTMENT OR
OTHER GOVERNMENTAL ENTITY DESIGNATED BY A MUNICIPALITY TO ENFORCE THE
PROVISIONS OF THIS CHAPTER.
(III) "MUNICIPALITY" SHALL MEAN A COUNTY OUTSIDE THE CITY OF NEW YORK,
OR A CITY, TOWN, OR VILLAGE.
(B) ALL MUNICIPALITIES IN THIS STATE SHALL CREATE A PROGRAM IN WHICH A
BYSTANDER MAY REPORT TO THE LOCAL ENFORCEMENT AUTHORITY A NUMBER PLATE
THAT HE OR SHE BELIEVES TO VIOLATE THE PROVISIONS OF PARAGRAPH (B) OF
SUBDIVISION ONE OF THIS SECTION IN A FORM PRESCRIBED BY SUCH MUNICI-
PALITY. THE MUNICIPALITY SHALL MAKE AVAILABLE AND POST ONLINE INFORMA-
TION DESCRIBING SUCH PROGRAM AND ALL DETAILS THAT THE LOCAL ENFORCEMENT
AUTHORITY DEEMS NECESSARY AND RELEVANT TO INCLUDE IN A BYSTANDER REPORT,
WHICH MAY INCLUDE BUT NOT BE LIMITED TO TIME AND DATE VERIFICATION,
MAKE, MODEL, AND COLOR OF THE MOTOR VEHICLE, LICENSE PLATE NUMBER, AND
ISSUING STATE. SUCH INFORMATION SHALL INCLUDE GUIDANCE ON GATHERING
SUPPORTING DOCUMENTATION AND SHALL CLEARLY DESCRIBE ANTICIPATED TIME-
LINES FOR THE INVESTIGATION OF SUCH ALLEGED VIOLATION AND ISSUANCE OF
FINES.
(C) ANY BYSTANDER WHO HAS SERVED A COMPLAINT UPON A LOCAL ENFORCEMENT
AUTHORITY, PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, SHALL RECEIVE
TWENTY-FIVE PERCENT OF THE PROCEEDS OF A FINE IMPOSED PURSUANT TO SUBDI-
VISION EIGHT OF THIS SECTION FOR DISCLOSURE OF INFORMATION OR EVIDENCE
NOT IN THE POSSESSION OF SUCH AUTHORITY PRIOR TO THE RECEIPT OF THE
BYSTANDER'S COMPLAINT WHICH LEADS TO A FINDING OF A VIOLATION OF THE
PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
(D) A MUNICIPALITY MAY ENTER INTO A JOINT SERVICE AGREEMENT, CONSIST-
ENT WITH SECTION ONE HUNDRED NINETEEN-O OF THE GENERAL MUNICIPAL LAW,
WITH ANOTHER MUNICIPALITY IN ORDER TO EFFECTUATE THE PROVISIONS OF THIS
SECTION.
S. 9496 3
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. On or before such effective date, each muni-
cipality, or set of municipalities if entering into a joint service
agreement pursuant to section 119-o of the general municipal law, shall
publish online a description of the bystander reporting program
described in this act, including information related to best practices
for the filing of a report.