What's happening
This bill makes driver’s license and learner’s permit photos available to police agencies.
Why it matters
Statewide access. Police agencies across New York would gain access to photos collected through driver’s license and learner’s permit applications.
Limited disclosure. The bill creates a police-access exception while keeping these photos from becoming public records.
Technology requirements. The motor vehicles commissioner must issue regulations implementing technology for license-photo access. Police agencies could transmit those images to officers performing their duties.
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Who cares
Police agencies and officers
Agencies could obtain license photos and transmit them to officers performing their duties.
Department of Motor Vehicles
The commissioner would have to issue regulations implementing the technology for police access.
Drivers and learner’s permit holders
Their application photos would become available to police agencies while remaining closed to the general public.
Headline styles
Give Police Driver Photo Access
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3788
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. PHILLIPS -- 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 allowing photo images on driver's licenses to be available to police agencies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 504 of the vehicle and traffic law, as amended by chapter 173 of the laws of 1990, is amended to read as follows:
3. Notwithstanding any other provision of law, any photo image taken as part of the application procedure for a learner's permit or an original, duplicate, renewal or amended driver's license shall not be a public record, except the photo image will be available to a police agency.
§ 2. The commissioner of motor vehicles shall promulgate regulations to implement the technology so that the photo image of a driver's license shall be available to police agencies who may transmit such image to police officers effectuating their duties.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06740-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to allowing photo images on driver's licenses to be available to police agencies
Purpose
To allow police officers and investigators to utilize photo images on a driver's license or driver's permit to compare it to the picture on record of the operator of a vehicle or while investigating individuals.
Summary of provisions
This bill would amend subdivision 3 of section 504 of the Vehicle and Traffic Law to permit police departments to have available the photo image of an individual licensed to drive a vehicle in the State of New York. The image could then be transmitted to computers operated by officers and investigators in the field to provide them a useful investigative tool in conducting law enforcement duties and investigations.
Existing law
Vehicle and Traffic Law section 504 does not require such photos be provided to law enforcement.
Justification
With improving technology and better access to the records of the Department of Motor Vehicles, a licensee's photo is readily available. Police officers and investigators can easily access this photo image during the performance of their duties which can be a useful investigative device for multiple purposes.
In 2012 Governor Cuomo recognized the importance of this matter and announced a new data sharing initiative that gave law enforcement agencies greater and instantaneous access to information housed by the Department of Motor Vehicles (DMV) through a secure internet portal. This information included photos of all New York State drivers and non-drivers, vehicle registrations, drivers' lifetime driving histories, as well as real-time notifications of traffic violations and other changes to a driver's record.
This legislation would statutorily give police officers access to photo Images.
Legislative history
2016: (S.3176) 2014: (S.6262/A.2722) 2012 (S.4070/A.5662) 2007: (S.3573)
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.