Senate Bill S7111A

2023-2024 Legislative Session

Prohibits a law enforcement officer from initiating a traffic stop for certain violations of the vehicle and traffic law

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Transportation 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2023-S7111 - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add Art 23-A §§1106 - 1109, V & T L; add §60.77, CP L; amd §837, Exec L

2023-S7111 - Summary

Prohibits a law enforcement officer from stopping, arresting, or detaining the operator of a motor vehicle or bicycle, or a pedestrian for certain minor violations of the vehicle and traffic law or based on suspicion or probable cause to believe that the driver or any passenger in the vehicle has an outstanding warrant; provides for the suppression or exclusion of evidence obtained in violation of such provisions; relates to the duties of the division of criminal justice services.

2023-S7111 - Sponsor Memo

2023-S7111 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7111
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to limiting the
   frequency of traffic stops for  minor  violations  in  furtherance  of
   racial  equity  and public safety; and to amend the criminal procedure
   law, in relation to the basis for a  motion  to  suppress  or  exclude
   evidence
 
   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 1106 to read as follows;
   § 1106. RESTRICTION OF TRAFFIC STOPS FOR LIMITED REASONS. (A) WHERE NO
 OTHER  REASON FOR A MOTOR VEHICLE STOP EXISTS, A LAW ENFORCEMENT OFFICER
 MAY NOT INITIATE A  STOP  FOR  A  VIOLATION  OF  ANY  OF  THE  FOLLOWING
 PROVISIONS OF THIS CHAPTER:
   (1)  FAILURE TO DISPLAY CERTIFICATE OF INSPECTION PURSUANT TO SUBDIVI-
 SION (B) OF SECTION THREE HUNDRED SIX;
   (2) FAILURE TO EQUIP A MOTOR VEHICLE WITH TWO  WORKING  HEADLIGHTS  OR
 TAILLIGHTS  PURSUANT  TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVEN-
 TY-FIVE, EXCEPT THAT AN OFFICER MAY STOP A MOTOR  VEHICLE  DRIVEN  AFTER
 SUNSET  IF  IT  DOES NOT HAVE AT LEAST ONE FUNCTIONING HEADLIGHT AND ONE
 FUNCTIONING TAILLIGHT;
   (3) FAILURE TO EQUIP  MOTOR  VEHICLE  WITH  WHITE  LIGHT  ILLUMINATING
 NUMERALS  OF A NUMBER PLATE PURSUANT TO SUBDIVISION TWO OF SECTION THREE
 HUNDRED SEVENTY-FIVE, WHERE NUMBER ON NUMBER PLATE IS OTHERWISE DISCERN-
 IBLE;
   (4) DRIVING WITH A TINTED WINDSHIELD OR WINDOW PURSUANT TO SUBDIVISION
 TWELVE-A OF SECTION THREE HUNDRED SEVENTY-FIVE;
   (5) AFFIXING OBJECTS TO  WINDOWS  OR  HANGING  OBJECTS  FROM  REARVIEW
 MIRROR  PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED SEVENTY-
 FIVE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08933-01-3
              

co-Sponsors

2023-S7111A (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add Art 23-A §§1106 - 1109, V & T L; add §60.77, CP L; amd §837, Exec L

2023-S7111A (ACTIVE) - Summary

Prohibits a law enforcement officer from stopping, arresting, or detaining the operator of a motor vehicle or bicycle, or a pedestrian for certain minor violations of the vehicle and traffic law or based on suspicion or probable cause to believe that the driver or any passenger in the vehicle has an outstanding warrant; provides for the suppression or exclusion of evidence obtained in violation of such provisions; relates to the duties of the division of criminal justice services.

2023-S7111A (ACTIVE) - Sponsor Memo

2023-S7111A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7111--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation -- recommitted to the Committee on Transportation in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the vehicle and traffic law, in relation to limiting the
   frequency of traffic stops for minor violations; to amend the criminal
   procedure  law,  in  relation to the basis for a motion to suppress or
   exclude evidence; and to amend the executive law, in relation  to  the
   duties of the division of criminal justice services
 
   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
 article 23-A to read as follows:
                               ARTICLE 23-A
                     CERTAIN TRAFFIC STOPS RESTRICTED
 SECTION 1106. DEFINITIONS.
         1107. RESTRICTIONS ON TRAFFIC STOPS AND SEARCHES.
         1108. DATA COLLECTION.
         1109. EFFECT.
   §  1106.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PRIMARY VIOLATION" MEANS A VIOLATION OF THIS  CHAPTER  THAT  DOES
 NOT CONSTITUTE A SECONDARY VIOLATION.
   (B) "SECONDARY VIOLATION" MEANS ANY OF THE FOLLOWING:
   (1) THE FAILURE TO HAVE A VALID CERTIFICATE OF INSPECTION IN VIOLATION
 OF SECTION THREE HUNDRED SIX OF THIS CHAPTER;
   (2)  THE  FAILURE  TO  HAVE ADEQUATE WINDSHIELD WIPERS IN VIOLATION OF
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE  HUNDRED  SEVENTY-FIVE
 OF THIS CHAPTER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08933-02-4
 S. 7111--A                          2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.