NY State Senate Bill 2019-S4123

Senate Bill S4123

2019-2020 Legislative Session

Relates to requiring state and local law enforcement officers to identify themselves to the public

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Mar 01, 2019	referred to finance

2019-S4123 (ACTIVE) - Details

See Assembly Version of this Bill:: A4998
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 13-B §§268 & 269, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7308
2013-2014: S2833
2015-2016: S1753, A5363
2017-2018: S3100, A1824
2021-2022: S4424
2023-2024: S5223

2019-S4123 (ACTIVE) - Summary

Requires state and local law enforcement officers to identify themselves to the public upon initiation of law enforcement activity.

2019-S4123 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4123

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the executive law, in relation to
requiring state and local law enforcement officers to identify them-
selves to the public

 
PURPOSE OR GENERAL IDEA OF BILL:

To increase transparency in police practices and rebuild trust between
police officers and members of the public.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Legislative intent.

Section 2: Adds Article 13-B to the executive law concerning the iden-
tification of state and local law enforcement officers.

Adds section 268 to the executive law - definitions Law enforcement
activity - noncustodial questioning, pedestrian stops, frisks, searches

of individuals persons, Property, or possessions, traffic stops, road-
block or checkpoint stops, home search and contact with potential
victims of and witnesses to crimes.

Noncustodial questioning - the routine, investigatory questioning of
individuals and the questions of suspects where such individuals or
suspects haven to be detained.

Adds section 269 to the executive law - Identification of state and
local law enforcement officers. Upon initiation of law enforcement
activity the state or local law enforcement officers shall provide their
full name, rank and command and provide the specific reason for the law
enforcement activity.

Should the law enforcement activity not result in an arrest or summons,
the subject or subjects of the activity shall be provided with the offi-
cer's business care which shall include at minimum the name, rank, and
command of the officer.

Nothing in this section shall apply where a law enforcement officer is
not in uniform and the identification would compromise officer safety or
an ongoing investigation.

Section 3: Severability clause

Section 4: This act shall take effect the 90th day after it shall have
become law.

 
JUSTIFICATION:

The mistrust of law enforcement officers based on real or perceived
discrimination hinders law enforcement efforts and has become a threat
to our Public safety. The intent of this legislation is increase trans-
parency in police practices and rebuild the public trust by ensuring
that there is full disclosure by an officer upon initiation of a law
enforcement activity. This legislation will protect the officers and the
public from misunderstandings that can lead to safety risks and rebuild
the public's trust.
 
PRIOR LEGISLATIVE HISTORY:

2017-18: 5.3100 - REFERRED TO FINANCE
2015-16: 5.1753 - Referred to Finance
2013-14: S.2833 - Referred to Finance
2012: 5.7308A - Referred to Finance

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become
law.

2019-S4123 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4123
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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 article 13-B to read
 as follows:
                               ARTICLE 13-B
        IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
 SECTION 268. DEFINITIONS.
         269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
   §  268. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING WORDS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "LAW ENFORCEMENT ACTIVITY" SHALL MEAN ANY OF THE FOLLOWING  ACTIV-
 ITIES WHEN CONDUCTED BY LAW ENFORCEMENT OFFICERS:

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

                                                            LBD09436-01-9

 S. 4123                             2
 
   A. NONCUSTODIAL QUESTIONING OF INDIVIDUALS;
   B. PEDESTRIAN STOPS;
   C. FRISKS;
   D. SEARCHES OF INDIVIDUALS' PERSONS, PROPERTY, OR POSSESSIONS (INCLUD-
 ING VEHICLES);
   E. TRAFFIC STOPS;
   F. ROADBLOCK OR CHECKPOINT STOPS;
   G. HOME SEARCHES; AND
   H. CONTACT WITH POTENTIAL VICTIMS OF AND WITNESSES TO CRIMES.
   2.  "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.
   § 269. IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS.  1.
 UPON  INITIATION  OF  LAW  ENFORCEMENT  ACTIVITY,  STATE  AND  LOCAL LAW
 ENFORCEMENT OFFICERS, AS DEFINED IN THIS ARTICLE 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, AND  COMMAND  OF
 THE OFFICER.
   2. PARAGRAPHS A, B, AND C OF SUBDIVISION ONE OF THIS SECTION SHALL NOT
 APPLY  WHERE A LAW ENFORCEMENT OFFICER IS NOT IN UNIFORM AND IDENTIFICA-
 TION OF THE OFFICER WOULD COMPROMISE THE IMMEDIATE SAFETY OF THE  PUBLIC
 OR  LAW  ENFORCEMENT  OFFICERS OR WOULD SERIOUSLY COMPROMISE A SPECIFIC,
 ONGOING LAW ENFORCEMENT INVESTIGATION.
   § 3. Severability.   If any clause, sentence,  paragraph,  section  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion 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.

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