S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6642

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 12, 2013
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the develop-
  ment  and  implementation  of  an  interface between the department of
  motor vehicles and the state  police  for  the  purpose  of  comparing
  information  submitted  by  individuals engaging in in-person, mail or
  internet transactions with the department of motor  vehicles  to  open
  criminal warrants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 399-p to read as follows:
  S  399-P.  POLICE  INFORMATION  INTERFACE.   1. THE COMMISSIONER SHALL
ESTABLISH A PROGRAM TO ALLOW THE DEPARTMENT TO INTERFACE  WITH  THE  NEW
YORK  STATE  POLICE  INFORMATION NETWORK (NYSPIN), SUCH THAT INFORMATION
SUBMITTED BY INDIVIDUALS ENGAGING IN IN-PERSON, MAIL OR INTERNET  TRANS-
ACTIONS WITH THE DEPARTMENT SHALL BE COMPARED TO OPEN CRIMINAL WARRANTS.
THE  COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF STATE POLICE, THE
DIVISION OF CRIMINAL JUSTICE SERVICES, AND  THE  OFFICE  FOR  TECHNOLOGY
SHALL  DEVELOP  AND  IMPLEMENT SUCH INTERFACE, PURSUANT TO THE FOLLOWING
STANDARDS.
  2. THE INTERFACE SHALL AUTOMATICALLY CONDUCT A REAL-TIME COMPARISON OF
TRANSACTIONAL INFORMATION ENTERED INTO DEPARTMENT DATABASES AND  CURRENT
WARRANT  INFORMATION  CONTAINED IN NYSPIN. WHEN SUCH COMPARISON YIELDS A
CORRELATION SUFFICIENT TO BE CONSIDERED A MATCH, AS  DETERMINED  BY  THE
DIVISION  OF  STATE  POLICE,  A  COMPUTERIZED SYSTEM SHALL AUTOMATICALLY
TRANSMIT ALL DEPARTMENT INFORMATION PERTINENT TO THE WARRANT TO STATE OR
LOCAL LAW ENFORCEMENT. THE COMPUTERIZED SYSTEM SHALL NOT, AT  ANY  TIME,
ALERT  THE  DEPARTMENT  OR ITS EMPLOYEES OF THE RESULTS OF THE INTERFACE
PROCESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02812-01-3

              

A. 6642                             2

  3. DEPARTMENT INFORMATION THAT SHALL BE TRANSMITTED TO LAW ENFORCEMENT
AGENCIES MAY INCLUDE, BUT IS NOT LIMITED TO:  PHOTOGRAPHS  AND  PHYSICAL
CHARACTERISTICS OF AN INDIVIDUAL, DESCRIPTIONS OF VEHICLES REGISTERED TO
AND/OR OWNED BY AN INDIVIDUAL, THE LAST KNOWN ADDRESS AND CONTACT INFOR-
MATION  OF AN INDIVIDUAL, THE PRESENT LOCATION OF AN INDIVIDUAL, AND THE
DRIVER IDENTIFICATION AND SOCIAL SECURITY NUMBERS OF AN INDIVIDUAL. SUCH
INFORMATION SHALL ONLY BE TRANSMITTED TO A LAW  ENFORCEMENT  AGENCY  FOR
USE  IN  CARRYING  OUT  ITS  FUNCTIONS, PURSUANT TO THE FEDERAL DRIVER'S
PRIVACY PROTECTION ACT (18 U.S.C. S 2721 ET. SEQ.).
  4. OPERATION AND MAINTENANCE OF THE INTERFACE  SHALL  BE  BY  A  JOINT
EFFORT OF THE DEPARTMENT AND THE DIVISION OF STATE POLICE.
  5.  THE SUPERINTENDENT OF THE STATE POLICE SHALL DEVELOP PROTOCOLS AND
IMPLEMENT TRAINING TO ENSURE THE SAFETY OF ALL DEPARTMENT EMPLOYEES  AND
CUSTOMERS. SUCH PROTOCOLS AND TRAINING SHALL INCLUDE, BUT ARE NOT LIMIT-
ED  TO,  PROCEDURES  FOR  THE  EXECUTION OF A WARRANT BY LAW ENFORCEMENT
AGENTS WHEN A MATCH RESULTS FROM INFORMATION  YIELDED  BY  AN  IN-PERSON
TRANSACTION.
  S  2.  Within  twelve  months  of  the effective date of this act, the
commissioner of the department of motor  vehicles  shall  implement  the
interface  described in section one of this act and shall promulgate all
rules and regulations he or she deems necessary to implement the  utili-
zation of the interface.
  S 3. This act shall take effect immediately.