NY State Senate Bill S7353

Archive: Last Bill Status Via A7599 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2022	signed chap.751
Dec 12, 2022	delivered to governor
May 18, 2022	returned to assembly passed senate 3rd reading cal.417 substituted for s7353
May 18, 2022	substituted by a7599
Feb 03, 2022	advanced to third reading
Feb 02, 2022	2nd report cal.
Feb 01, 2022	1st report cal.417
Jan 05, 2022	referred to transportation
Aug 27, 2021	referred to rules

Votes

view votes

May 18, 2022 - floor Vote

A7599

floor

Aye

Nay

Absent

Excused

Abstained

Feb 1, 2022 - Transportation committee Vote

S7353

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S7353 (ACTIVE) - Details

See Assembly Version of this Bill:: A7599
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §375, V & T L

S7353 (ACTIVE) - Summary

Relates to the secondary enforcement of certain motor vehicle equipment violations; prohibits enforcement of such violations in absence of reasonable cause to believe the operator of such motor vehicle has violated another provision of law.

S7353 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7353

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the second-
ary enforcement of certain motor vehicle equipment violations

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide for the secondary enforcement of laws relating to certain
equipment violations on motor vehicles.

 
SUMMARY OF PROVISIONS:

Section one amends subparagraph (i) of paragraph (b) of subdivision 1 of
section 375 of the vehicle and traffic law to provide that a summons for
operating a motor vehicle in violation of the prohibition on the use or
placing of posters or stickers on motor vehicle windshields or rear
windows other than those authorized by the Commissioner of Motor Vehi-
cles could only be issued when there is reasonable cause to believe that

the motor vehicle operator has committed a violation of the laws of this
state, other than a violation of this provision.

Section two amends subdivision 30 of section 375 of the vehicle and
traffic law to provide that a summons for operating a motor vehicle with
any object placed or hung in or upon the vehicle, except required or
permitted equipment of the vehicle, in such a manner that obstructs or
interferes with the view of the operator could only be issued when there
is reasonable cause to believe that the motor vehicle operator has
committed a violation of the laws of this state, other than a violation
of this provision.

Section three provides the effective date.

 
JUSTIFICATION:

One of the most common interactions that people have with law enforce-
ment occurs during traffic stops. Often, however, there is a disparity
in who is being stopped, especially for minor violations.  According to
2020 research published by The Stanford Open Policing Project, of a
dataset of nearly 100 million traffic stops carried out across the
United States, black drivers were about 20 percent more likely to be
stopped than white drivers relative to their share of the residential
population. The study also found that once stopped, black drivers were
searched about 1.5 to 2 times as often as white drivers. As has been
painfully demonstrated over the past few years in the news, these stops
for minor violations have led to motorists dying at the hands of the
police. This bill is intended to reduce the number of traffic stops for
minor, non-moving violations such as stickers on vehicle windows and
objects placed or suspended in or on the vehicle, thereby reducing the
possibility of a tragic outcome from such traffic stops.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S7353 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7353
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 27, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 the  second-
   ary enforcement of certain motor vehicle equipment violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (b)  of  subdivision  1  of
 section 375 of the vehicle and traffic law, as amended by chapter 624 of
 the laws of 2005, is amended to read as follows:
   (i)  The  use or placing of posters or stickers on windshields or rear
 windows of motor vehicles other than those authorized by the commission-
 er, is hereby prohibited.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
 SUMMONS FOR OPERATING A MOTOR VEHICLE IN VIOLATION OF THIS  SUBPARAGRAPH
 SHALL  ONLY BE ISSUED WHEN THERE IS REASONABLE CAUSE TO BELIEVE THAT THE
 PERSON OPERATING SUCH MOTOR VEHICLE HAS COMMITTED  A  VIOLATION  OF  THE
 LAWS OF THIS STATE OTHER THAN A VIOLATION OF THIS SUBPARAGRAPH.
   (I-A)  The attaching to windshields and windshield wipers of handbills
 and other forms of advertisements, is hereby prohibited.
   § 2. Subdivision 30 of section 375 of the vehicle and traffic  law  is
 amended to read as follows:
   30.  It  shall  be  unlawful for any person to operate a motor vehicle
 with any object placed or hung in or upon the vehicle,  except  required
 or  permitted  equipment of the vehicle, in such a manner as to obstruct
 or interfere with the view of the operator through the windshield, or to
 prevent him from having a clear and full view of the road and  condition
 of  traffic behind such vehicle.  NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, A SUMMONS FOR OPERATING A MOTOR VEHICLE IN VIOLATION OF THIS SUBDI-
 VISION SHALL ONLY BE ISSUED WHEN THERE IS REASONABLE  CAUSE  TO  BELIEVE
 THAT  THE  PERSON OPERATING SUCH MOTOR VEHICLE HAS COMMITTED A VIOLATION
 OF THE LAWS OF THIS STATE OTHER THAN A VIOLATION OF THIS SUBDIVISION.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11366-02-1

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The New York State Senate

senate Bill S7353

Sponsored By

Archive: Last Bill Status Via A7599 - Signed by Governor

Your Voice

Actions

Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

Feb 1, 2022 - Transportation committee Vote

Transportation Committee Vote: Feb 1, 2022

S7353 (ACTIVE) - Details

S7353 (ACTIVE) - Summary

S7353 (ACTIVE) - Sponsor Memo

S7353 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7353

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status Via A7599 - Signed by Governor

Your Voice

Actions

Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

Feb 1, 2022 - Transportation committee Vote

Transportation Committee Vote: Feb 1, 2022

S7353 (ACTIVE) - Details

S7353 (ACTIVE) - Summary

S7353 (ACTIVE) - Sponsor Memo

S7353 (ACTIVE) - Bill Text download pdf

Comments