NY State Senate Bill 2025-S3662A

Senate Bill S3662A

2025-2026 Legislative Session

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

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2025	print number 3662a
Feb 06, 2025	amend (t) and recommit to transportation
Jan 29, 2025	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S3662 - Details

See Assembly Version of this Bill:: A6631
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
Versions Introduced in 2023-2024 Legislative Session:: S7111

2025-S3662 - Summary

Restricts a law enforcement officer from initiating a traffic stop for certain violations of the vehicle and traffic law; 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 making certain information pertaining to traffic stops public.

2025-S3662 - Sponsor Memo

                                 
BILL NUMBER: S3662

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To prohibit a law enforcement officer from initiating a traffic stop for
certain violations of the vehicle and traffic law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 1106 to the vehicle and traffic
law restricting traffic stops for certain violations.

Section 2 of the bill adds a new subdivision 8 to section 710.20 of the
criminal procedure law adding evidence obtained in violation of the

newly created section 1106 of the vehicle and traffic law as the basis
for a motion to suppress or exclude evidence in a criminal proceeding.

Section 3 of the bill establishes the effective date.

 
JUSTIFICATION:

While many traffic stops address critical issues of traffic safety, such
as reckless driving, or running a red light, there are additional
violations that pose no risk of harm to people outside of the vehicle.
These violations allow police to pull over drivers under the pretext of
a traffic violation, when the objective may be to search people and
vehicles for an unrelated crime, such as weapons charges. However,
studies have shown that non-traffic safety stops lead to the recovery of
weapons less than 1 percent of the time.

Numerous studies have found that law enforcement officers stop motorists
of color at a disproportionate rate compared with their white counter-
parts. A 2020 study of Stanford Open Policing Project data from nearly
100 million traffic stops across the United States found that Black
drivers are 20 percent more likely to be pulled over, and up to twice as
likely to be searched, by police compared to white drivers.

Biased traffic stops, often for non-safety reasons, combined with the
reality that Black people are disproportionately likely to be killed by
police, result in a landscape of discrimination and danger that rarely
serves a public safety purpose. The deaths of Sandra Bland, Tyre
Nichols, and Philando Castile brought national attention to the discri-
minatory, and sometimes fatal, threat routine traffic stops pose to
Black and brown people. Unfortunately, their deaths were not outliers.
Police officers in the U.S. have killed nearly 600 people in traffic
stops since 2017 according to data compiled by the nonprofit research
group Mapping Police Violence.

This legislation would protect the safety and constitutional rights of
people in this state by curtailing traffic stops for minor violations of
the vehicle and traffic law that pose no risk of harm to people outside
of the vehicle. Law enforcement would instead issue a warning letter
through license plate identification to violators of these non-safety
traffic violations, reducing unnecessary interactions between motorists
and police for offenses that do not threaten lives, public safety, or
private property and improve relationships between law enforcement and
the communities they serve.

 
LEGISLATIVE HISTORY:

S.7111 of 2023-2024 (Hoylman-Sigal): Died in Transportation

 
EFFECTIVE DATE:
This act shall take on the first of January next succeeding the date
upon which it shall have become law.

2025-S3662 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3662
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05359-01-5
 S. 3662                             2

   (5)  AFFIXING  OBJECTS  TO  WINDOWS  OR  HANGING OBJECTS FROM REARVIEW
 MIRROR PURSUANT TO SUBDIVISION THIRTY OF SECTION THREE HUNDRED  SEVENTY-
 FIVE;
   (5)  DRIVING WITH A MISSING OR BROKEN BRAKE LIGHT PURSUANT TO SUBDIVI-
 SION FORTY OF SECTION THREE HUNDRED SEVENTY-FIVE;
   (6) FAILURE TO DISPLAY CERTIFICATE OF REGISTRATION OR DRIVING WITH  AN
 EXPIRED REGISTRATION PURSUANT TO SECTION FOUR HUNDRED ONE;
   (7) FAILURE TO PROPERLY DISPLAY LICENSE PLATES PURSUANT TO SUBDIVISION
 ONE  OF  SECTION FOUR HUNDRED TWO, WHERE NUMBER ON REAR LICENSE PLATE IS
 DISCERNIBLE; OR
   (8) FAILURE TO SIGNAL WHEN MAKING A TURN OR SWITCHING  LANES  PURSUANT
 TO SECTION ELEVEN HUNDRED SIXTY-THREE.
   (B)  A LAW ENFORCEMENT OFFICER WHO WITNESSES A VIOLATION OF ONE OF THE
 ABOVE PROVISIONS MAY MAIL A WARNING LETTER TO THE  OWNER  OF  THE  MOTOR
 VEHICLE AT ISSUE NOTIFYING THEM OF THE VIOLATION AND DATE OF ITS COMMIS-
 SION.
   (C)  EVIDENCE OBTAINED IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION
 ABOVE IS INADMISSIBLE AT ANY CRIMINAL PROCEEDING PURSUANT TO SUBDIVISION
 EIGHT OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW.
   (D) EVIDENCE OBTAINED PURSUANT TO VIOLATIONS OF  OTHER  PROVISIONS  OF
 THIS  CHAPTER  IS  INADMISSIBLE  AT  ANY CRIMINAL PROCEEDING PURSUANT TO
 SUBDIVISION EIGHT OF SECTION 710.20 OF THE CRIMINAL PROCEDURE LAW UNLESS
 THE LAWFULNESS OF THE ENCOUNTER IS CORROBORATED BY VIDEO RECORDING OR BY
 EVIDENCE OTHER THAN LAW ENFORCEMENT TESTIMONY.
   § 2. Section 710.20 of the criminal procedure law is amended by adding
 a new subdivision 8 to read as follows:
   8. CONSISTS OF  EVIDENCE  OBTAINED  IN  VIOLATION  OF  SECTION  ELEVEN
 HUNDRED SIX OF THE VEHICLE AND TRAFFIC LAW.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.

co-Sponsors

2025-S3662A (ACTIVE) - Details

See Assembly Version of this Bill:: A6631
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
Versions Introduced in 2023-2024 Legislative Session:: S7111

2025-S3662A (ACTIVE) - Summary

2025-S3662A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3662A        REVISED 3/7/2025

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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; 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

 
PURPOSE:

To reduce racial disparities in policing and increase road and community
safety through 1) reallocation of law enforcement resources by prohibit-
ing a law enforcement officer from initiating a traffic stop based sole-
ly on certain violations of the vehicle and traffic law and certain
low-level warrants, 2) providing a procedure for criminal defendants to
challenge admissibility of evidence obtained as a result of racial
profiling, 3) adding procedural protections to ensure consent searches
of vehicles are the product of consent, and 4) requiring the collection,
analysis and transparency of data for evaluation of racial disparities

in traffic enforcement and further remedies to address them.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new article 23-A to the Vehicle and Traffic
Law titled "Certain Traffic Stops Restricted" containing sections 1106-
1109.

New section 1106 defines the terms primary violation, secondary
violation, and officer.

New section 1107 prohibits officers from stopping, arresting, or detain-
ing a pedestrian or operator of a motor vehicle or bicycle for a second-
ary violation as defined in section 1106 or for a suspicion of an
outstanding warrant for failure to pay fines or fees or appear in court
for a violation-level (noncriminal) offense, except in certain circum-
stances. Section 1107 also prohibits stops based on racial profiling and
establishes certain requirements for officers searching vehicles.

New section 1108 directs law enforcement agencies to collect data and
produce reports on all traffic stops.

New section 1109 provides that evidence recovered from stops, arrests,
or detentions made in violation of section 1107(A)(3) are subject to
section 60.77 of the criminal procedure law and clarifies preemption and
supersession.

Section 2 of the bill adds a new section 60.77 to the Criminal Procedure
Law restricting the admissibility of evidence derived from a stop of a
motor vehicle, bicyclist, or pedestrian based primarily on an individ-
ual's membership in a protected class as set forth in the statute.

Section 3 of the bill adds a new subdivision 24 to Section 837 of the
Executive Law to direct DCJS to accept and publish reports from law
enforcement agencies pursuant to new article 23-A, new section 1108.

Section 4 of the bill establishes the effective date.

 
JUSTIFICATION:

While many traffic stops address critical issues of traffic safety, such
as reckless driving, or running a red light, there are additional
violations that pose no risk of harm to people outside of the vehicle.
These violations are used to pull over drivers under the pretext of a
traffic violation, when the objective may be to search people and vehi-
cles for an unrelated crime, such as weapons charges, or racial profil-
ing. However, studies have shown that these non-safety traffic stops are
an ineffective technique for the recovery of weapons.  Restricting these
stops can free up resources in police departments to t increase road and
public safety while lowering the risk of confrontations between civil-
ians and police officers that too often cause harm to both.

Numerous studies have found that law enforcement officers stop motorists
of color at a disproportionate rate compared with their white counter-
parts, despite similar driving behavior. A 2020 study of nearly 100
million traffic stops across the United States found that Black drivers
were 20 percent more likely to be pulled over and up to twice as likely
to be searched by police compared to white drivers, despite being less
likely to have contraband. This is consistent with Black drivers being
searched at a lower threshold of suspicion.

Biased traffic stops, often for non-safety reasons, combined with the
reality that Black people are disproportionately likely to be killed by
police, result in a landscape of discrimination and danger that rarely
serves a public safety purpose. The deaths of Sandra Bland, Tyre
Nichols, and Philando Castile brought national attention to the discri-
minatory and sometimes fatal threat routine traffic stops pose to Black
and brown people. Unfortunately, their deaths were not outliers. Over
600 people were killed by law enforcement officers during traffic stops
between 2017 and 2023 according to data compiled by the nonprofit
research group Mapping Police Violence. Traffic stops can also lead to
injuries and deaths of police officers, including from roadside crashes.
The fifth most common cause of line of duty deaths for law enforcement
officers is being hit by a passing car during a traffic stop.

This legislation would clarify that the specified non-safety-related
infractions are not appropriately enforced through detention by an armed
law enforcement, and thereby protect the safety and constitutional
rights of New Yorkers who pose no risk of harm to people outside of the
vehicle, and improve relationships between law enforcement and the
communities they serve by reducing unnecessary interactions for offenses
that do not threaten lives, public safety, or private property.

 
LEGISLATIVE HISTORY:

S.7111 of 2023-2024 (Hoylman-Sigal): Died in Transportation

 
EFFECTIVE DATE:
This act shall take on the first of January next succeeding the date
upon which it shall have become law.

2025-S3662A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3662--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation  -- 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  in  furtherance  of
   racial  equity and public safety; 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 divi-
   sion 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.
                                                            LBD05359-02-5
 S. 3662--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-FIVE 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. 3662--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 THIRTY-SIX 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 VIOLATION LEVEL 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.
   (4) EVIDENCE DERIVED FROM A STOP BASED SOLELY ON A SECONDARY VIOLATION
 SHALL BE INADMISSIBLE IN COURT.
   (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.
 S. 3662--A                          4
 
   (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
 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-SIX, 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-SEVEN, 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;
 S. 3662--A                          5
 
   (VII)  WHETHER  THE  OFFICER  POINTED  A FIREARM OR A CONDUCTED ENERGY
 DEVICE AT ANY PERSON;
   (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)  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO
 PREEMPT OR LIMIT EXISTING REMEDIES OR CAUSES OF ACTION THAT MAY BE TRIG-
 GERED 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
 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-
 S. 3662--A                          6
 
 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.

Comments

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Ryan_Harrigan

1 month ago

I am concerned about this bill and how it will tie the hands of law enforcement to proactively police beyond a simple traffic ticket. I also believe that it will make our roads more unsafe. Failure to enforce NYS safety inspections will keep unsafe motor vehicles on our roadways with bad brakes, unsafe frames, etc without any consequences. I truly believe this will increase motor vehicle accidents.

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Senate Bill S3662A

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

Julia Salazar

2025-S3662 - Details

2025-S3662 - Summary

2025-S3662 - Sponsor Memo

2025-S3662 - Bill Text download pdf

co-Sponsors

Julia Salazar

2025-S3662A (ACTIVE) - Details

2025-S3662A (ACTIVE) - Summary

2025-S3662A (ACTIVE) - Sponsor Memo

2025-S3662A (ACTIVE) - Bill Text download pdf

Comments