STATE OF NEW YORK
________________________________________________________________________
5223
2023-2024 Regular Sessions
IN SENATE
February 27, 2023
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to requiring state and
local law enforcement officers to identify themselves to the public
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Declaration of legislative intent and findings. The legis-
2 lature finds that the people of the state of New York are in great debt
3 to the hard work and dedication of police officers in their daily
4 duties. The legislature further finds that mistrust of law enforcement
5 officers based on real or perceived discrimination hinders law enforce-
6 ment efforts and is a threat to public safety. New York state and local
7 police policy already requires that officers wear shields and nameplates
8 at all times while in uniform, and that they provide their rank, name,
9 shield number and command when asked.
10 In adopting this act, it is the intent of the legislature to increase
11 transparency in police practices and to build trust between police offi-
12 cers and members of the public by providing the public with notice of
13 the reasons behind their encounters with the police, and a written
14 record of their interactions with the police in situations that do not
15 result in an arrest or summons.
16 § 2. The executive law is amended by adding a new article 13-B to read
17 as follows:
18 ARTICLE 13-B
19 IDENTIFICATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
20 Section 268. Definitions.
21 269. Identification of state and local law enforcement officers.
22 § 268. Definitions. As used in this article the following words shall
23 have the following meanings:
24 1. "Law enforcement activity" shall mean any of the following activ-
25 ities when conducted by law enforcement officers:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07216-01-3
S. 5223 2
1 a. noncustodial questioning of individuals;
2 b. pedestrian stops;
3 c. frisks;
4 d. searches of individuals' persons, property, or possessions (includ-
5 ing vehicles);
6 e. traffic stops;
7 f. roadblock or checkpoint stops;
8 g. home searches; and
9 h. contact with potential victims of and witnesses to crimes.
10 2. "Noncustodial questioning" shall mean both the routine, investiga-
11 tory questioning of individuals and the questioning of suspects where
12 such individuals or suspects have not been detained and are free to end
13 the encounter at will.
14 § 269. Identification of state and local law enforcement officers. 1.
15 Upon initiation of law enforcement activity, state and local law
16 enforcement officers, as defined in this article shall:
17 a. Identify themselves to the subject or subjects of the law enforce-
18 ment activity by providing their full name, rank and command; and
19 b. Provide the specific reason for the law enforcement activity.
20 c. At the conclusion of law enforcement activity that does not result
21 in an arrest or summons, the subject or subjects of the law enforcement
22 activity shall be provided with the law enforcement officer's business
23 card, which shall include, at a minimum the name, rank, and command of
24 the officer.
25 2. Paragraphs a, b, and c of subdivision one of this section shall not
26 apply where a law enforcement officer is not in uniform and identifica-
27 tion of the officer would compromise the immediate safety of the public
28 or law enforcement officers or would seriously compromise a specific,
29 ongoing law enforcement investigation.
30 § 3. Severability. If any clause, sentence, paragraph, section or
31 part of this act shall be adjudged by any court of competent jurisdic-
32 tion to be invalid, such judgment shall not affect, impair or invalidate
33 the remainder thereof, but shall be confined in its operation to the
34 clause, sentence, paragraph, section or part thereof directly involved
35 in the controversy in which such judgment shall have been rendered.
36 § 4. This act shall take effect on the ninetieth day after it shall
37 have become a law.
