BILL NUMBER: S6429

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring persons with
tinted windows lower such motor vehicle's tinted windows during a traf-
fic stop

 
PURPOSE:

Authorizes police officers the ability to request a person who is driv-
ing a motor vehicle with tinted windows to roll down all windows to
protect such officer's health or safety.

 
SUMMARY OF PROVISIONS:

The executive law is amended by adding a new section 837-Y to read as
follows:

§ 837-y. Tinted windows during traffic stops. Where any officer has a
reasonable belief that the tinted windows of a motor vehicle during a
              

traffic stop pose a potential threat to the health or safety of such
officer, such officer may be allowed to require the driver of the motor
vehicle to lower all windows of the motor vehicle until such officer
determines there is no danger to such officer's health or safety. For
the purposes of this section, the term "tinted windows" shall mean
windows that have a light transmittance of less than seventy percent in
violation of subdivision twelve-a of section three hundred seventy-five
of the vehicle and traffic law.

 
EXISTING LAW:

Amendment to § 837-Y of the Executive Law

 
JUSTIFICATION:

During a recent traffic stop in Sullivan County, the officer observed
the back passenger windows had higher degree window tinting. Due to the
lack of visibility into the back seat, the officer asked the driver to
lower the back passenger windows. Reluctantly the driver lowered the
back passenger windows and at that time, the officer realized the poten-
tial threat to his safety when he observed a duffle bag and pistol on
the backseat. The officer feared for his safety during this stop.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately