NY State Senate Bill 2025-S3662

Senate Bill S3662

2025-2026 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

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2025	referred to transportation

co-Sponsors

2025-S3662 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1106, V & T L; amd §710.20, CP L
Versions Introduced in 2023-2024 Legislative Session:: S7111

2025-S3662 (ACTIVE) - Summary

Prohibits 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.

2025-S3662 (ACTIVE) - 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 (ACTIVE) - 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.

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.

Joelle_Bence

2 days ago

Limiting law enforcement traffic and violation abilities would further endanger New York State.

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.

Senate Bill S3662

Share this bill

Sponsored By

Brad Hoylman-Sigal