NY State Senate Bill 2023-S1401

Senate Bill S1401

2023-2024 Legislative Session

Limits the transport of an arrested, detained or apprehended person in an unmarked police vehicle or concealed identity police vehicle

download bill text pdf

Current Bill Status - In Senate Committee Codes 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 03, 2024	referred to codes
Jan 11, 2023	referred to codes

2023-S1401 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §73-a, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:: S313

2023-S1401 (ACTIVE) - Summary

Prohibits the transport of a person in an unmarked police vehicle or concealed identity police vehicle after being arrested, detained or apprehended by a police officer or peace officer who is not wearing his or her uniform unless an officer in uniform is present for the duration of the transport; prohibits stops and searches by a police officer or peace officer who is not wearing his or her uniform using an unmarked police vehicle or a concealed identity police vehicle unless an officer in uniform is present for the duration of the stop and search.

2023-S1401 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1401

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the civil rights law, in relation to limiting the trans-
port of an arrested, detained or apprehended person in an unmarked
police vehicle or concealed identity police vehicle and the use of such
vehicles for stops and searches

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent non-uniformed police in unmarked vehicles from apprehending
or otherwise detaining person

 
JUSTIFICATION:

On. July 28th, 2020, NYPD officers in t-shirts and shorts tackled a
teenage protestor, forced her into an unmarked minivan, and drove away.
Videos of the incident taken by witnesses showed no visible markings
identifying the officers or the vehicle as law enforcement.  Some of the
witnesses described this as a "kidnapping".

This incident drew similarities to tactics used by law enforcement offi-
cers in Portland just days before, where protestors were forced into
unmarked vehicles by people in street clothes and driven away.  Report-
edly, those law enforcement officers did not identify themselves and
even threatened violence on anyone who followed after them.

Though the officers in the above NYPD case say they were following stan-
dard procedures, the common and continued usage of these tactics damage
the public trust in our police and our criminal justice procedure. It
should be the right of an individual to know, unambiguously, when
they're being apprehended by law enforcement, and they are not actually
being kidnapped by unknown persons. Also, as with traffic stops by
unmarked vehicles, the common usage of these unidentified "kidnap-
ping"-style apprehensions undermines public safety rather than enhances
it.  This bill seeks to limit the use of such apprehension tactics by
making it clear that the vehicle used to arrest or otherwise apprehend a
person must be a marked vehicle, or a uniformed officer must be in the
vehicle for the duration of the transport.

 
PRIOR LEGISLATIVE HISTORY:

Last Act: 01/05/22 REFERRED TO CODES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1401 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1401
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to limiting the trans-
   port of an arrested, detained or apprehended  person  in  an  unmarked
   police  vehicle  or  concealed  identity police vehicle and the use of
   such vehicles for stops and searches
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  civil  rights law is amended by adding a new section
 73-a to read as follows:
   § 73-A. USE OF UNMARKED POLICE VEHICLE FOR STOP AND SEARCH  OR  TRANS-
 PORT  OF ARRESTED, DETAINED OR APPREHENDED PERSON. 1. NO PERSON SHALL BE
 TRANSPORTED IN AN UNMARKED POLICE VEHICLE OR A CONCEALED IDENTITY POLICE
 VEHICLE AFTER BEING ARRESTED, DETAINED OR APPREHENDED BY A POLICE  OFFI-
 CER  OR PEACE OFFICER OF A GOVERNMENTAL ENTITY WHO IS NOT WEARING HIS OR
 HER POLICE UNIFORM UNLESS AN OFFICER IN UNIFORM FROM  THE  SAME  GOVERN-
 MENTAL ENTITY IS PRESENT FOR THE DURATION OF THE TRANSPORT.
   2.  NO  PERSON  SHALL  BE  STOPPED AND SEARCHED BY A POLICE OFFICER OR
 PEACE OFFICER OF A GOVERNMENTAL ENTITY WHO IS TRAVELLING IN AN  UNMARKED
 POLICE  VEHICLE OR A CONCEALED IDENTITY POLICE VEHICLE UNLESS SUCH OFFI-
 CER IS WEARING HIS OR HER POLICE UNIFORM OR IS ACCOMPANIED BY AN OFFICER
 IN UNIFORM FROM THE SAME GOVERNMENTAL ENTITY AND SUCH UNIFORMED  OFFICER
 IS PRESENT FOR THE DURATION OF THE STOP AND THE SEARCH.
   3. A POLICE VEHICLE SHALL BE DEEMED TO BE UNMARKED OR HAVE A CONCEALED
 IDENTITY UNLESS IT IS EQUIPPED WITH:
   (A)  LIGHTS  AS  AUTHORIZED  BY SUBDIVISION FORTY-ONE OF SECTION THREE
 HUNDRED SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, WHICH ARE DISPLAYED
 AND VISIBLE;
   (B) A HORN, SIREN, ELECTRONIC DEVICE, OR EXHAUST  WHISTLE  FROM  WHICH
 AUDIBLE SIGNALS ARE SOUNDED; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02959-01-3
 S. 1401                             2

 
   (C)  AN  INSIGNIA  IDENTIFYING  SUCH  VEHICLE  AS  A POLICE VEHICLE AS
 DEFINED BY THIS SECTION.
   4. UPON A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE
 ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A
 COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN
 INJUNCTION  AND,  UPON  AT  LEAST  FIVE DAYS NOTICE TO THE DEFENDANT, TO
 ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH  VIOLATIONS.  IF  IT  SHALL
 APPEAR  TO  THE  SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT
 HAS VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE  COURT  OR
 JUSTICE,  ENJOINING  AND  RESTRAINING  ANY  FURTHER  VIOLATIONS, WITHOUT
 REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
 THEREBY.  IN  ANY  SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE
 ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
 SECTION  EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES,
 AND DIRECT RESTITUTION. IN CONNECTION WITH ANY  SUCH  PROPOSED  APPLICA-
 TION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETER-
 MINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH
 THE CIVIL PRACTICE LAW AND RULES.
   5. FOR THE PURPOSES OF THIS SECTION:
   (A)  "GOVERNMENTAL  ENTITY"  MEANS  THE  STATE,  A PUBLIC AUTHORITY, A
 POLICE DISTRICT, A COUNTY, TOWN, CITY, OR VILLAGE;
   (B) "POLICE OFFICER" MEANS A POLICE OFFICER AS DEFINED IN  SUBDIVISION
 THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW;
   (C)  "PEACE  OFFICER" MEANS A PEACE OFFICER AS DEFINED IN SECTION 2.10
 OF THE CRIMINAL PROCEDURE LAW; AND
   (D) "POLICE VEHICLE" MEANS EVERY VEHICLE FOR WHICH THE STATE, A PUBLIC
 AUTHORITY, A POLICE DISTRICT, A COUNTY, TOWN, CITY, OR  VILLAGE  IS  THE
 OWNER  AND WHICH IS OPERATED BY THE POLICE DEPARTMENT OR LAW ENFORCEMENT
 AGENCY OF SUCH GOVERNMENTAL UNIT OR BY A CONSTABLE OR  POLICE  CONSTABLE
 OF A TOWN WHEN ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES.
   § 2. This act shall take effect immediately.

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