S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1174
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Transportation
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03569-01-3
              

 A. 1174                             2
 
 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
 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,
 A. 1174                             3
 
 WITH ANOTHER MUNICIPALITY IN ORDER TO EFFECTUATE THE PROVISIONS OF  THIS
 SECTION.
   § 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.