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S05863 Summary:

BILL NOS05863
 
SAME ASNo Same As
 
SPONSORGOUNARDES
 
COSPNSRHOYLMAN-SIGAL, KRUEGER, SALAZAR
 
MLTSPNSR
 
Amd §§392-a & 402, V & T L
 
Directs municipalities to create a program for bystander reporting of stolen, false or fraudulent license plates.
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S05863 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5863
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      March 3, 2025
                                       ___________
 
        Introduced  by  Sens. GOUNARDES, HOYLMAN-SIGAL, KRUEGER, SALAZAR -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Transportation
 
        AN  ACT  to  amend the vehicle and traffic law, in relation to bystander
          reporting of stolen, false or fraudulent license plates

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 392-a of the vehicle and traffic law, as amended by
     2  chapter 307 of the laws of 1994, is amended to read as follows:
     3    § 392-a. Sale  or  purchase  of  stolen,  false or fraudulent license,
     4  identification card, certificate of registration, or number plate. 1.  A
     5  person  who knowingly sells or offers to sell or buys or offers to buy a
     6  false, fraudulent or stolen license, identification card, certificate of
     7  registration or number plate, shall be guilty  of  a  misdemeanor  as  a
     8  first  offense  and  a  class E felony as a second or subsequent offense
     9  committed within ten years of the prior offense.
    10    2. (a) For the purposes of this subdivision, the following definitions
    11  shall apply:
    12    (i) "Bystander" shall mean any natural person,  other  than  a  police
    13  officer or other governmental employee authorized to serve summons for a
    14  violation  of this section, who observes a number plate on a motor vehi-
    15  cle that such person believes to be stolen, false, and/or fraudulent and
    16  reports such believed  violation  to  the  local  enforcement  authority
    17  pursuant to the provisions of this section.
    18    (ii) "Local enforcement authority" shall mean any police department or
    19  other  governmental  entity  designated by a municipality to enforce the
    20  provisions of this chapter.
    21    (iii) "Municipality" shall mean a county outside the city of New York,
    22  or a city, town, or village.
    23    (b) Each municipality in this state shall create a program in which  a
    24  bystander  may  report to the local enforcement authority a number plate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07805-01-5

        S. 5863                             2
 
     1  that such person believes to be stolen, false, and/or  fraudulent  on  a
     2  form prescribed by such municipality. The municipality shall make avail-
     3  able and post online information describing such program and all details
     4  that  the  local  enforcement  authority deems necessary and relevant to
     5  include in a bystander report which may include, but not be limited  to,
     6  time and date verification, make, model, and color of the motor vehicle,
     7  license  plate number, and issuing state. Such information shall include
     8  guidance  on  gathering  supporting  documentation  and  shall   clearly
     9  describe  anticipated  timelines  for  the investigation of such alleged
    10  violation and issuance of fines.
    11    (c) Any bystander who has served a complaint upon a local  enforcement
    12  authority,  pursuant to paragraph (b) of this subdivision, shall receive
    13  twenty-five percent of the proceeds of any fine,  issued  under  article
    14  eighty  of  the penal law, for disclosure of information or evidence not
    15  in the possession  of  such  authority  prior  to  the  receipt  of  the
    16  bystander's  complaint  which  leads  to  a  conviction  of  the offense
    17  described in subdivision one of this section.
    18    (d) A municipality may enter into a joint service agreement,  consist-
    19  ent  with  section  one hundred nineteen-o of the general municipal law,
    20  with another municipality in order to effectuate the provisions of  this
    21  section.
    22    § 2. Section 402 of the vehicle and traffic law is amended by adding a
    23  new subdivision 9 to read as follows:
    24    9. (a) For the purposes of this subdivision, the following definitions
    25  shall apply:
    26    (i)  "Bystander"  shall  mean  any natural person, other than a police
    27  officer or other governmental employee authorized to serve summons for a
    28  violation of this section, who observes a number plate on a motor  vehi-
    29  cle that such person believes to violate the provisions of paragraph (b)
    30  of subdivision one of this section.
    31    (ii) "Local enforcement authority" shall mean any police department or
    32  other  governmental  entity  designated by a municipality to enforce the
    33  provisions of this chapter.
    34    (iii) "Municipality" shall mean a county outside the city of New York,
    35  or a city, town, or village.
    36    (b) All municipalities in this state shall create a program in which a
    37  bystander may report to the local enforcement authority a  number  plate
    38  that  such person believes to violate the provisions of paragraph (b) of
    39  subdivision one of this section in a form  prescribed  by  such  munici-
    40  pality.  The  municipality shall make available and post online informa-
    41  tion describing such program and all details that the local  enforcement
    42  authority deems necessary and relevant to include in a bystander report,
    43  which  may  include  but  not  be limited to time and date verification,
    44  make, model, and color of the motor vehicle, license plate  number,  and
    45  issuing  state.  Such  information  shall  include guidance on gathering
    46  supporting documentation and shall clearly  describe  anticipated  time-
    47  lines  for  the  investigation of such alleged violation and issuance of
    48  fines.
    49    (c) Any bystander who has served a complaint upon a local  enforcement
    50  authority,  pursuant to paragraph (b) of this subdivision, shall receive
    51  twenty-five percent of the proceeds of a fine imposed pursuant to subdi-
    52  vision eight of this section for disclosure of information  or  evidence
    53  not  in  the  possession  of  such authority prior to the receipt of the
    54  bystander's complaint which leads to a finding of  a  violation  of  the
    55  provisions of paragraph (b) of subdivision one of this section.

        S. 5863                             3
 
     1    (d)  A municipality may enter into a joint service agreement, consist-
     2  ent with section one hundred nineteen-o of the  general  municipal  law,
     3  with  another municipality in order to effectuate the provisions of this
     4  section.
     5    § 3. This act shall take effect on the one hundred eightieth day after
     6  it shall have become a law. On or before such effective date, each muni-
     7  cipality,  or  set  of  municipalities  if entering into a joint service
     8  agreement pursuant to section 119-o of the general municipal law,  shall
     9  publish   online  a  description  of  the  bystander  reporting  program
    10  described in this act, including information related to  best  practices
    11  for the filing of a report.
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