STATE OF NEW YORK
________________________________________________________________________
2325
2023-2024 Regular Sessions
IN ASSEMBLY
January 25, 2023
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to allowing
disclosures in furtherance of the enforcement of state law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 12 of section 201 of the vehi-
2 cle and traffic law, as amended by section 1 of part YYY of chapter 58
3 of the laws of 2020, is amended to read as follows:
4 (a) Except as required for the commissioner to issue or renew a driv-
5 er's license or learner's permit that meets federal standards for iden-
6 tification, as necessary for an individual seeking acceptance into a
7 trusted traveler program, or to facilitate vehicle imports and/or
8 exports, the commissioner, and any agent or employee of the commission-
9 er, shall not disclose or make accessible in any manner records or
10 information that he or she maintains, to any agency that primarily
11 enforces immigration law or to any employee or agent of such agency,
12 unless: (i) the commissioner is presented with a lawful court order or
13 judicial warrant signed by a judge appointed pursuant to article III of
14 the United States constitution; or (ii) the employee or agent of such
15 agency is solely enforcing state law or federal criminal law and not
16 immigration law. Upon receiving a request for such records or informa-
17 tion from an agency that primarily enforces immigration law, the commis-
18 sioner shall, no later than three days after such request, notify the
19 individual about whom such information was requested, informing such
20 individual of the request and the identity of the agency that made such
21 request unless such notification would interfere with a federal criminal
22 investigation.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03932-01-3