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
              

 
   (3) THE FAILURE TO HAVE TWO LIGHTED HEADLAMPS, IN VIOLATION OF SUBPAR-
 AGRAPH  ONE OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION THREE HUNDRED
 SEVENTY-FIVE OF THIS CHAPTER IF THE VEHICLE HAS ONE LIGHTED HEADLAMP;
   (4) THE FAILURE TO HAVE TWO LIGHTED LAMPS ON THE REAR, IN VIOLATION OF
 SUBPARAGRAPH  THREE OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION THREE
 HUNDRED SEVENTY-FIVE OF THIS CHAPTER IF THE VEHICLE HAS ONE LIGHTED REAR
 LAMP;
   (5) THE FAILURE TO HAVE A LIGHT THAT ILLUMINATES THE LICENSE PLATE, IN
 VIOLATION OF SUBPARAGRAPH FOUR OF PARAGRAPH (A) OF  SUBDIVISION  TWO  OF
 SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER;
   (6)  IMPROPER ALIGNMENT OR HEIGHT OF HEADLIGHTS, IN VIOLATION OF PARA-
 GRAPH (B) OF SUBDIVISION TWO OF SECTION THREE  HUNDRED  SEVENTY-FIVE  OF
 THIS CHAPTER;
   (7)  EXCESSIVELY  BRIGHT  HEADLIGHTS, IN VIOLATION OF PARAGRAPH (C) OF
 SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER;
   (8) OBSTRUCTED VIEW FROM A REARVIEW MIRROR DUE  TO  AN  ITEM  DANGLING
 FROM  THE  MIRROR  IN  VIOLATION  OF PARAGRAPH (A) OF SUBDIVISION TEN OF
 SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, UNLESS THE  DRIVER'S
 VIEW  IS  SO  OBSTRUCTED  OR  COMPROMISED  AS TO CREATE A CONDITION THAT
 INCREASES THE LIKELIHOOD OF INJURY OR DEATH;
   (9) OBSTRUCTED VIEW FROM AN ITEM ON THE FRONT WINDSHIELD IN  VIOLATION
 OF PARAGRAPH (A) OF SUBDIVISION TWELVE-A OF SECTION THREE HUNDRED SEVEN-
 TY-FIVE  OF  THIS  CHAPTER  UNLESS THE DRIVER'S VIEW IS SO OBSTRUCTED OR
 COMPROMISED AS TO CREATE A CONDITION THAT INCREASES  THE  LIKELIHOOD  OF
 INJURY OR DEATH;
   (10)  EXCESSIVE  TINT  IN VIOLATION OF SUBPARAGRAPH ONE, TWO, THREE OR
 FOUR OF PARAGRAPH (B) OF SUBDIVISION TWELVE-A OF SECTION  THREE  HUNDRED
 SEVENTY-FIVE OF THIS CHAPTER;
   (11) OBSTRUCTED VIEW FROM AN ITEM ON THE FRONT WINDSHIELD IN VIOLATION
 OF  SUBDIVISION  THIRTY  OF  SECTION  THREE HUNDRED SEVENTY-FIVE OF THIS
 CHAPTER UNLESS THE DRIVER'S VIEW IS SO OBSTRUCTED OR COMPROMISED  AS  TO
 CREATE A CONDITION THAT INCREASES THE LIKELIHOOD OF INJURY OR DEATH;
   (12) THE FAILURE TO HAVE TWO STOP LAMPS, IN VIOLATION OF PARAGRAPH (B)
 OF SUBDIVISION FORTY OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAP-
 TER IF THE VEHICLE HAS ONE WORKING STOP LAMP;
   (13)  EXCESSIVE  NOISE  IN  VIOLATION  OF PARAGRAPH (A) OF SUBDIVISION
 THREE OF SECTION THREE HUNDRED EIGHTY-SIX OF THIS CHAPTER;
   (14) EXPIRED MOTOR VEHICLE REGISTRATION OR FAILURE TO PROPERLY DISPLAY
 REGISTRATION TAGS, IN VIOLATION OF SECTION  FOUR  HUNDRED  ONE  OF  THIS
 CHAPTER;
   (15)  THE FAILURE OF A PEDESTRIAN TO OBEY A TRAFFIC CONTROL DEVICE, IN
 VIOLATION OF PARAGRAPH  THREE  OF  SUBDIVISION  (B)  OF  SECTION  ELEVEN
 HUNDRED ELEVEN OF THIS TITLE;
   (16)  THE FAILURE OF A PEDESTRIAN TO OBEY A TRAFFIC CONTROL DEVICE, IN
 VIOLATION OF PARAGRAPH FOUR OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
 ELEVEN OF THIS TITLE;
   (17) THE FAILURE OF A PEDESTRIAN TO OBEY A TRAFFIC CONTROL DEVICE,  IN
 VIOLATION  OF SUBDIVISION (B) OR (C) OF SECTION ELEVEN HUNDRED TWELVE OF
 THIS TITLE;
   (18) CROSSING THE STREET IN A DIAGONAL, IN  VIOLATION  OF  SUBDIVISION
 (C) OF SECTION ELEVEN HUNDRED FIFTY-TWO OF THIS TITLE;
   (19)  THE FAILURE TO USE THE RIGHT SIDE OF THE CROSSWALK, IN VIOLATION
 OF SECTION ELEVEN HUNDRED FIFTY-TWO OF THIS TITLE;
   (20) THE FAILURE OF A PEDESTRIAN TO USE THE SIDEWALK OR  WALK  ON  THE
 LEFT  SIDE OF THE ROAD, IN VIOLATION OF SECTION ELEVEN HUNDRED FIFTY-SIX
 OF THIS TITLE;
 S. 7111--A                          3
 
   (21) THE FAILURE TO SIGNAL A TURN ONE HUNDRED FEET PRIOR  TO  TURNING,
 IF  SUCH  DRIVER  HAS  SIGNALED  A TURN AT ANY TIME PRIOR TO TURNING, IN
 VIOLATION OF SUBDIVISION (B) OF SECTION ELEVEN  HUNDRED  SIXTY-THREE  OF
 THIS TITLE;
   (22) ANY PARKING INFRACTION IN VIOLATION OF SECTION TWELVE HUNDRED TWO
 OF  THIS  TITLE. NOTHING IN THIS PROVISION SHALL PREVENT AN OFFICER FROM
 ASKING A DRIVER UNLAWFULLY PARKED, OR UNLAWFULLY OBSTRUCTING TRAFFIC  OR
 A FIRE HYDRANT, TO MOVE THEIR CAR;
   (23)  LITTERING, UNLESS AN OBJECT IS THROWN FROM A VEHICLE IN A MANNER
 THAT CREATES A CONDITION THAT INCREASES  THE  LIKELIHOOD  OF  INJURY  OR
 DEATH, IN VIOLATION OF SECTION TWELVE HUNDRED TWENTY OF THIS TITLE; OR
   (24)  RIDING A BICYCLE WITHOUT THE PROPER LAMP, BELL, REFLECTIVE TIRES
 OR REFLECTIVE DEVICES, IN VIOLATION OF SUBDIVISIONS (A), (B),  (C),  (D)
 AND  (E)  OF  SECTION TWELVE HUNDRED FIFTY-TWO OF THIS TITLE, UNLESS THE
 ABILITY TO VIEW THE BICYCLE OR CYCLIST IS SO COMPROMISED AS TO CREATE  A
 CONDITION  THAT  SUBSTANTIALLY  INCREASES  THE  LIKELIHOOD  OF INJURY OR
 DEATH.
   (C) "OFFICER" MEANS EITHER A POLICE OFFICER AS DEFINED IN  SUBDIVISION
 THIRTY-FOUR  OF  SECTION  1.20  OF THE CRIMINAL PROCEDURE LAW OR A PEACE
 OFFICER AS DEFINED IN SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW.
   § 1107. RESTRICTIONS ON TRAFFIC STOPS AND SEARCHES. (A) (1) EXCEPT  AS
 PROVIDED  IN  PARAGRAPH  TWO  OF  THIS SUBDIVISION, AN OFFICER SHALL NOT
 STOP, ARREST, OR DETAIN THE OPERATOR OF A MOTOR VEHICLE OR BICYCLE, OR A
 PEDESTRIAN:
   (I) FOR A SECONDARY VIOLATION OR SUSPICION OF A SECONDARY VIOLATION AS
 DEFINED IN SECTION ELEVEN HUNDRED SIX OF THIS ARTICLE; OR
   (II) BASED ON SUSPICION OR PROBABLE CAUSE TO BELIEVE THAT  THE  DRIVER
 OR ANY PASSENGER IN THE VEHICLE HAS AN OUTSTANDING WARRANT FOR A FAILURE
 TO  PAY  AN  OUTSTANDING FINE OR FEE OR FOR A FAILURE TO APPEAR IN COURT
 FOR ANY OFFENSE.
   (2) AN OFFICER MAY STOP, ARREST, OR DETAIN THE  OPERATOR  OF  A  MOTOR
 VEHICLE OR BICYCLE OR A PEDESTRIAN FOR A SECONDARY VIOLATION IF:
   (I) THE OFFICER LAWFULLY STOPPED OR DETAINED THE OPERATOR OR PEDESTRI-
 AN FOR A PRIMARY VIOLATION OR OTHER OFFENSE NOT ENUMERATED IN THIS CHAP-
 TER; OR
   (II) THE OPERATOR IS DRIVING A COMMERCIAL VEHICLE.
   (3)  NOTWITHSTANDING  PARAGRAPH  TWO  OF  THIS SUBDIVISION, AN OFFICER
 SHALL NOT STOP, DETAIN, OR ARREST THE OPERATOR OR PASSENGER OF  A  MOTOR
 VEHICLE  OR  BICYCLE,  OR  A  PEDESTRIAN WHEN THE PRIMARY REASON FOR THE
 STOP, DETENTION, OR ARREST IS THE PERSON'S RACE, CREED, COLOR,  NATIONAL
 ORIGIN, OR OTHER PROTECTED STATUS UNDER THE HUMAN RIGHTS LAW.
   (B)  (1)  PRIOR  TO ASKING FOR CONSENT TO SEARCH A VEHICLE, AN OFFICER
 SHALL ADVISE AN INDIVIDUAL OF THEIR RIGHT  TO  REFUSE  THE  SEARCH.  THE
 OFFICER  SHALL PROVIDE THE DRIVER OR PASSENGER WITH A FORM SETTING FORTH
 THE RIGHT TO REFUSE THE SEARCH, AND THE DRIVER OR PASSENGER MUST SIGN  A
 FORM STATING THAT THE DRIVER OR PASSENGER HAS BEEN INFORMED OF THE RIGHT
 TO  REFUSE  THE  SEARCH, AND WAIVES THAT RIGHT. THE INFORMATION AND FORM
 MUST BE PROVIDED TO THE DRIVER OR  PASSENGER  IN  THAT  PERSON'S  NATIVE
 LANGUAGE.
   (2)  FOLLOWING  A  STOP  FOR  A VIOLATION OF THIS CHAPTER, ANY OFFICER
 EQUIPPED WITH A BODY-WORN CAMERA MUST ACTIVATE THE CAMERA.  PRIOR TO ANY
 SEARCH OF AN INDIVIDUAL OR THEIR PROPERTY FOLLOWING  SUCH  A  STOP,  THE
 OFFICER  MUST STATE THE REASON FOR ANY SEARCH OF AN INDIVIDUAL'S PERSON,
 PROPERTY OR VEHICLE ON THE BODY-WORN CAMERA.
   (3) IN ANY STOP OTHER THAN THOSE BASED  ON  AN  ALLEGED  VIOLATION  OF
 SUBDIVISION  FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
 S. 7111--A                          4
 
 TITLE, OR PARAGRAPH (E) OF SUBDIVISION TWO OF  SECTION  FORTY-NINE-A  OF
 THE NAVIGATION LAW, OR PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION 25.24
 OF  THE  PARKS,  RECREATION  AND HISTORIC PRESERVATION LAW, AN OFFICER'S
 PERCEPTION  OF THE ODOR OF CANNABIS SHALL NOT SERVE AS A BASIS TO SEARCH
 A MOTOR VEHICLE, OR TO SEARCH THE  DRIVER,  OCCUPANTS,  OR  ANY  OF  THE
 CONTENTS OF A MOTOR VEHICLE.
   (4)  AN OFFICER MAY NOT USE A DRUG-DETECTION CANINE ON A STOPPED MOTOR
 VEHICLE UNLESS THE OFFICER HAS PROBABLE CAUSE TO BELIEVE EITHER THAT THE
 MOTOR VEHICLE CONTAINS ILLEGAL NARCOTICS (OTHER THAN CANNABIS), OR  THAT
 A DRIVER OR AN OCCUPANT OF THE MOTOR VEHICLE POSSESSES ILLEGAL NARCOTICS
 (OTHER THAN CANNABIS).
   § 1108. DATA COLLECTION. (A) NO LATER THAN JANUARY FIRST, TWO THOUSAND
 TWENTY-FIVE,  EACH  LAW  ENFORCEMENT AGENCY SUBJECT TO THE PROVISIONS OF
 THIS ARTICLE SHALL BEGIN COLLECTING INCIDENT-LEVEL DATA ON  ALL  TRAFFIC
 STOPS  CONDUCTED  BY  OFFICERS  EMPLOYED  BY THE LAW ENFORCEMENT AGENCY,
 INCLUDING ALL INFORMATION DESCRIBED IN SUBDIVISION (C) OF THIS SECTION.
   (B) NO LATER THAN JANUARY FIRST, TWO  THOUSAND  TWENTY-SIX,  EACH  LAW
 ENFORCEMENT  AGENCY  COLLECTING  INFORMATION AS PROVIDED IN THIS SECTION
 SHALL FURNISH ANNUALLY TO THE DIVISION OF CRIMINAL JUSTICE SERVICES,  IN
 A  MANNER  DEFINED AND PRESCRIBED BY THE DIVISION, A REPORT OF ALL STOPS
 CONDUCTED IN THE PRIOR YEAR BY OFFICERS EMPLOYED BY THE AGENCY.
   (C) EACH REPORT REQUIRED UNDER SUBDIVISION (B) OF THIS  SECTION  SHALL
 INCLUDE,  AT  A  MINIMUM,  THE  FOLLOWING  INFORMATION  FOR EACH STOP OR
 ARREST:
   (1) THE TIME, DATE, DURATION, AND LOCATION OF THE STOP;
   (2) THE REASON FOR THE STOP INCLUDING THE PENAL STATUTE  OR  PROVISION
 OF THIS CHAPTER ALLEGED TO HAVE BEEN VIOLATED, IF ANY;
   (3)  THE YEAR, MAKE, MODEL, REGISTRATION NUMBER AND STATE OF REGISTRA-
 TION OF THE VEHICLE;
   (4) THE RESULT OF THE STOP, SUCH  AS  NO  ACTION,  WARNING,  CITATION,
 SEARCH,  USE  OF  PHYSICAL  FORCE,  ENTRY  OF  INFORMATION  INTO  A DATA
 COLLECTION DATABASE, OR ARREST;
   (5) THE PERCEIVED RACE OR ETHNICITY, GENDER, AND AGE  OF  EACH  PERSON
 STOPPED;
   (6) WHETHER THE PERSON STOPPED APPEARED TO BE EXPERIENCING A MENTAL OR
 OTHER BEHAVIORAL CRISIS;
   (7)  ACTIONS  TAKEN BY THE OFFICER DURING THE STOP, INCLUDING, BUT NOT
 LIMITED TO, THE FOLLOWING:
   (I) WHETHER THE OFFICER SEARCHED ANY PERSON, VEHICLE, OR ANY PROPERTY,
 AND, IF SO, THE TYPE OF SEARCH  (E.G.,  PAT-DOWN),  THE  BASIS  FOR  THE
 SEARCH, AND THE TYPE OF CONTRABAND OR EVIDENCE DISCOVERED, IF ANY;
   (II) WHETHER THE OFFICER ASKED FOR CONSENT TO SEARCH THE PERSON OR ANY
 PROPERTY, AND, IF SO, WHETHER CONSENT WAS PROVIDED;
   (III)   WHETHER  THE  OFFICER  SEIZED  ANY  PROPERTY  AND,  IF  SO,  A
 DESCRIPTION OF ALL PROPERTY SEIZED AND THE BASIS FOR THE SEIZURE;
   (IV) IF WEAPONS,  MARIJUANA  OR  CONTROLLED  SUBSTANCES  WERE  SEIZED,
 DETAILED  DESCRIPTIONS OF SUCH ITEMS INCLUDING WEIGHT OF ANY SUBSTANCES,
 AND MAKE AND MODEL OF ANY WEAPONS;
   (V) WHETHER THE OFFICER USED PHYSICAL FORCE AGAINST ANY PERSON AND, IF
 SO, THE TYPE OF FORCE USED, INCLUDING WHETHER ANY WEAPON WAS USED;
   (VI)  IF  ANYONE,  WHETHER  OFFICER  OR  CIVILIAN,  WAS   INJURED,   A
 DESCRIPTION  OF  ALL  INJURIES  TO  EACH  PERSON,  WHETHER TREATMENT WAS
 PROVIDED, AND THE FACILITY, IF ANY, AT WHICH TREATMENT WAS PROVIDED;
   (VII) WHETHER THE OFFICER POINTED A  FIREARM  OR  A  CONDUCTED  ENERGY
 DEVICE AT ANY PERSON;
 S. 7111--A                          5
 
   (VIII)  WHETHER A POLICE DOG PERFORMED A SNIFF, AND IF SO, WHETHER THE
 DOG ALERTED TO THE PRESENCE OF CONTRABAND;
   (IX) WHETHER THE OFFICER ORDERED ANY PERSON TO EXIT THE VEHICLE AND IF
 SO, WHERE SUCH PERSON WAS DETAINED;
   (X)  WHETHER THE OFFICER HANDCUFFED OR OTHERWISE PHYSICALLY RESTRAINED
 ANY PERSON DURING THE STOP, SUCH AS BY PLACING  A  PERSON  IN  A  POLICE
 VEHICLE; AND
   (XI)  WHETHER THE OFFICER CHECKED, OR ASKED DISPATCH TO CHECK, FOR ANY
 OUTSTANDING WARRANTS FOR THE PERSON;
   (8) IF A TRAFFIC SUMMONS  OR  TICKET  WAS  ISSUED,  THE  VIOLATION  OR
 VIOLATIONS ALLEGED;
   (9) IF AN ARREST WAS MADE, THE OFFENSE OR OFFENSES CHARGED;
   (10) THE FOLLOWING INFORMATION ABOUT THE OFFICER CONDUCTING THE STOP:
   (I) THE OFFICER'S UNIQUE IDENTIFICATION NUMBER; AND
   (II) THE NATURE OF THE OFFICER'S ASSIGNMENT;
   (11) WHETHER ANYONE DIED AS A RESULT OF THE ENCOUNTER;
   (12) WHETHER THERE WAS A MOTOR VEHICLE ACCIDENT; AND
   (13)  WHETHER  THE  STOP RESULTED IN THE SEIZURE AND/OR IMPOUNDMENT OF
 THE VEHICLE, AND THE BASIS FOR SUCH SEIZURE.
   (D) LAW ENFORCEMENT AGENCIES SUBJECT TO THIS SECTION SHALL NOT  REPORT
 OR MAKE PUBLICLY AVAILABLE THE ADDRESS, SOCIAL SECURITY NUMBER, OR OTHER
 UNIQUE   PERSONAL   IDENTIFYING  INFORMATION  OF  THE  PERSONS  STOPPED,
 SEARCHED, OR SUBJECTED TO A PROPERTY SEIZURE. LAW  ENFORCEMENT  AGENCIES
 ARE  SOLELY  RESPONSIBLE FOR ENSURING THAT RESTRICTED INFORMATION OF THE
 INDIVIDUAL STOPPED IS NOT TRANSMITTED  TO  THE  DEPARTMENT  OF  CRIMINAL
 JUSTICE OR OTHERWISE RELEASED TO THE PUBLIC.
   (E)  EACH LAW ENFORCEMENT AGENCY COVERED BY THIS SECTION SHALL DEVELOP
 AND MAKE PUBLICLY AVAILABLE A POLICY GOVERNING REVIEW  AND  AUDITING  OF
 STOP  DATA  COLLECTED TO ENSURE OFFICER COMPLIANCE WITH THE REQUIREMENTS
 OF THIS ARTICLE.
   § 1109. EFFECT. (A) ANY EVIDENCE RECOVERED FROM OR  DERIVED  DURING  A
 STOP, ARREST, DETENTION, OR SEARCH MADE IN VIOLATION OF THIS ARTICLE, OR
 RECOVERED AS A RESULT OF SUCH A STOP, ARREST, DETENTION, OR SEARCH SHALL
 BE  SUBJECT TO THE PROVISIONS OF SECTION 60.77 OF THE CRIMINAL PROCEDURE
 LAW. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  PREEMPT  OR  LIMIT
 EXISTING  REMEDIES  OR  CAUSES  OF  ACTION  THAT  MAY  BE  TRIGGERED  BY
 VIOLATIONS OF THIS ARTICLE.
   (B) (1) THIS ARTICLE SHALL SUPERCEDE ANY LOCAL LAW OR  ORDINANCE  THAT
 WOULD EXPAND THE BASES FOR AN OFFICER TO ENGAGE IN A STOP, SEARCH, CITA-
 TION,  DETENTION,  ARREST,  OR  QUESTIONING  BEYOND  THOSE  SPECIFICALLY
 ENUMERATED IN THIS ARTICLE, OR OTHERWISE CONFLICT WITH OR FRUSTRATE  THE
 PURPOSE OF ANY PROVISION OF THIS ARTICLE.
   (2)  THIS  ARTICLE  SHALL  NOT  PREEMPT LOCAL LAWS THAT WOULD RESTRICT
 FURTHER THE ROLE OF LAW ENFORCEMENT  OFFICERS  IN  TRAFFIC  ENFORCEMENT,
 INCLUDING BY:
   (I) ASSIGNING CERTAIN TRAFFIC ENFORCEMENT FUNCTIONS TO LOCAL OFFICIALS
 OR  PERSONNEL  WHO  ARE  AUTHORIZED TO CONDUCT SUCH FUNCTIONS INSTEAD OF
 SWORN LAW ENFORCEMENT OFFICERS; OR
   (II) PLACING ADDITIONAL  LIMITS  ON  OFFICER  CONDUCT  OR  QUESTIONING
 DURING TRAFFIC STOPS.
   §  2.  The  criminal  procedure law is amended by adding a new section
 60.77 to read as follows:
 § 60.77 RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE  DERIVED  FROM  THE
           UNLAWFUL STOP OF A MOTOR VEHICLE, BICYCLIST OR PEDESTRIAN.
   1.  EVIDENCE  DERIVED FROM THE UNLAWFUL STOP OF A MOTOR VEHICLE, BICY-
 CLIST OR PEDESTRIAN BY A LAW  ENFORCEMENT  OFFICER  THAT  WAS  PRIMARILY
 S. 7111--A                          6
 
 BASED ON A PERSON'S RACE, CREED, COLOR, NATIONAL ORIGIN, OR OTHER STATUS
 PROTECTED  UNDER THE HUMAN RIGHTS LAW, SHALL BE INADMISSIBLE IN A CRIMI-
 NAL ACTION AGAINST SUCH PERSON OR ANY  OTHER  PERSON  WHOSE  FREEDOM  OF
 MOVEMENT WAS AFFECTED BY THE STOP.
   2. FOR PURPOSES OF THIS SECTION A STOP IS UNLAWFUL WHEN, NOTWITHSTAND-
 ING THE EXISTENCE OF PROBABLE CAUSE OR REASONABLE SUSPICION TO BELIEVE A
 PERSON  HAS COMMITTED A TRAFFIC INFRACTION OR A PETTY OFFENSE DEFINED IN
 ANY CITY, TOWN OR VILLAGE CODE, THE LAW ENFORCEMENT  OFFICER  WOULD  NOT
 HAVE  INITIATED THE STOP BUT FOR A PERSON'S RACE, CREED, COLOR, NATIONAL
 ORIGIN OR OTHER STATUS PROTECTED UNDER THE HUMAN RIGHTS LAW.
   3. A MOTION TO EXCLUDE EVIDENCE PURSUANT TO THIS SECTION SHALL BE MADE
 AND DETERMINED IN THE SAME MANNER AS  A  PRE-TRIAL  MOTION  TO  SUPPRESS
 EVIDENCE  PURSUANT TO ARTICLE SEVEN HUNDRED TEN OF THIS CHAPTER, AND THE
 DEFENDANT SHALL BEAR THE BURDEN OF PROVING BY  A  PREPONDERANCE  OF  THE
 EVIDENCE  THAT THE STOP WAS UNLAWFUL WITHIN THE MEANING OF THIS SECTION.
 IN EVALUATING THE MOTION TO EXCLUDE, THE COURT SHALL CONSIDER THE NATURE
 OF THE TRAFFIC INFRACTION OR OFFENSE GIVING RISE TO THE  STOP,  THE  LAW
 ENFORCEMENT  OFFICER'S  USUAL  DUTIES WITH RESPECT TO ENFORCEMENT OF THE
 VEHICLE AND TRAFFIC LAW OR CITY, TOWN OR  VILLAGE  CODE  PROVISION,  ANY
 EVIDENCE  OF  A PATTERN OF DISCRIMINATORY ENFORCEMENT OF SUCH LAW WITHIN
 THE JURISDICTION, AND ANY OTHER EVIDENCE THAT MAY PROVE OR DISPROVE THAT
 SUCH LAW WAS A PRETEXT FOR AN UNLAWFUL STOP WITHIN THE MEANING  OF  THIS
 SECTION.
   4.  AN  ORDER  GRANTING  A MOTION TO EXCLUDE EVIDENCE PURSUANT TO THIS
 SECTION SHALL BE APPEALABLE BY THE PEOPLE IN THE SAME MANNER AS AN ORDER
 SUPPRESSING EVIDENCE PURSUANT TO SUBDIVISION EIGHT OF SECTION 450.20  OF
 THIS  CHAPTER,  AND AN ORDER DENYING A MOTION SHALL BE APPEALABLE BY THE
 DEFENDANT PURSUANT TO SECTION 450.10 OF THIS CHAPTER.
   § 3. Section 837 of the executive law  is  amended  by  adding  a  new
 subdivision 24 to read as follows:
   24.  ACCEPT  INFORMATION  FROM  LAW  ENFORCEMENT  AGENCIES PURSUANT TO
 SUBDIVISION (C) OF SECTION ELEVEN HUNDRED EIGHT OF THE VEHICLE AND TRAF-
 FIC LAW AND MAKE THE INFORMATION, INCLUDING  THE  UNIQUE  IDENTIFICATION
 NUMBER  OF  THE  OFFICER MAKING THE STOP, PUBLICLY AVAILABLE ONLINE IN A
 MANNER THAT IS CLEAR, UNDERSTANDABLE, ANALYZABLE, AND ACCESSIBLE TO  THE
 PUBLIC.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.