S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    425
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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 SUCH
 OFFICER'S POLICE UNIFORM UNLESS AN OFFICER  IN  UNIFORM  FROM  THE  SAME
 GOVERNMENTAL 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 TRAVELING IN  AN  UNMARKED
 POLICE  VEHICLE OR A CONCEALED IDENTITY POLICE VEHICLE UNLESS SUCH OFFI-
 CER IS WEARING SUCH OFFICER'S 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.
              

                                                            LBD01671-01-5
 S. 425                              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 SUCH PERSON'S SPECIAL DUTIES.
   § 2. This act shall take effect immediately.