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.
STATE OF NEW YORK
________________________________________________________________________
9318
IN ASSEMBLY
February 29, 2024
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Transportation
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:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1106 to read as follows;
3 § 1106. Restriction of traffic stops for limited reasons. (a) Where no
4 other reason for a motor vehicle stop exists, a law enforcement officer
5 may not initiate a stop for a violation of any of the following
6 provisions of this chapter:
7 (1) failure to display certificate of inspection pursuant to subdivi-
8 sion (b) of section three hundred six;
9 (2) failure to equip a motor vehicle with two working headlights or
10 taillights pursuant to subdivision two of section three hundred seven-
11 ty-five, except that an officer may stop a motor vehicle driven after
12 sunset if it does not have at least one functioning headlight and one
13 functioning taillight;
14 (3) failure to equip motor vehicle with white light illuminating
15 numerals of a number plate pursuant to subdivision two of section three
16 hundred seventy-five, where number on number plate is otherwise discern-
17 ible;
18 (4) driving with a tinted windshield or window pursuant to subdivision
19 twelve-a of section three hundred seventy-five;
20 (5) affixing objects to windows or hanging objects from rearview
21 mirror pursuant to subdivision thirty of section three hundred seventy-
22 five;
23 (5) driving with a missing or broken brake light pursuant to subdivi-
24 sion forty of section three hundred seventy-five;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08933-01-3
A. 9318 2
1 (6) failure to display certificate of registration or driving with an
2 expired registration pursuant to section four hundred one;
3 (7) failure to properly display license plates pursuant to subdivision
4 one of section four hundred two, where number on rear license plate is
5 discernible; or
6 (8) failure to signal when making a turn or switching lanes pursuant
7 to section eleven hundred sixty-three.
8 (b) A law enforcement officer who witnesses a violation of one of the
9 above provisions may mail a warning letter to the owner of the motor
10 vehicle at issue notifying them of the violation and date of its commis-
11 sion.
12 (c) Evidence obtained in violation of subdivision one of this section
13 above is inadmissible at any criminal proceeding pursuant to subdivision
14 eight of section 710.20 of the criminal procedure law.
15 (d) Evidence obtained pursuant to violations of other provisions of
16 this chapter is inadmissible at any criminal proceeding pursuant to
17 subdivision eight of section 710.20 of the criminal procedure law unless
18 the lawfulness of the encounter is corroborated by video recording or by
19 evidence other than law enforcement testimony.
20 § 2. Section 710.20 of the criminal procedure law is amended by adding
21 a new subdivision 8 to read as follows:
22 8. Consists of evidence obtained in violation of section eleven
23 hundred six of the vehicle and traffic law.
24 § 3. This act shall take effect on the first of January next succeed-
25 ing the date upon which it shall have become a law.
