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S8577Senate2019-2020 SessionSame asA3231

Require Police to Identify Themselves

Official title

“Relates to requiring state and local law enforcement officers to identify themselves to the public”

Sponsor Luis R. SepúlvedaSD-32+1 co-sponsor
Status
In Senate Committee
Rules
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill requires state and local law enforcement officers to identify themselves and provide a reason during certain public encounters, with exceptions for safety or ongoing investigations.

Why it matters

  1. Expands circumstances. under which officers must proactively identify themselves, including not just stops and searches but also noncustodial questioning and interactions with potential victims or witnesses—broadening transparency beyond traditional law enforcement encounters.

  2. Requires officers to state a specific reason. for the encounter, ensuring that the public is immediately informed of the justification for police actions, which could deter arbitrary or discriminatory stops and improve community relations.

  3. Mandates distribution of business cards. after encounters that do not result in arrest or summons, providing individuals with direct contact information to submit comments or complaints—potentially increasing accountability and making it easier for people to follow up on police conduct.

  4. Includes exceptions for officer and public safety. as well as ongoing investigations, reflecting an attempt to balance transparency with legitimate law enforcement operational concerns, but these exceptions could also create ambiguity about when identification requirements can be set aside.

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Who cares

Headline styles

Require Police to Identify Themselves

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Luis R. Sepúlveda

Senator · Senate District 32

Chair, Crime Victims, Crime And Correction

1 Co-sponsor

History

  1. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A3231Assembly

Make Police Show ID

In Assembly Committee · Governmental Operations · Sponsor Rodneyse Bichotte Hermelyn

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8577

IN SENATE

June 16, 2020

Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

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 Assembly, do enact as follows:

Section 1. Declaration of legislative intent and findings. The legislature finds that the people of the state of New York are in great debt to the hard work and dedication of police officers in their daily duties. The legislature further finds that mistrust of law enforcement officers based on real or perceived discrimination hinders law enforcement efforts and is a threat to public safety. New York state and local police policy already requires that officers wear shields and nameplates at all times while in uniform, and that they provide their rank, name, shield number and command when asked.

In adopting this act, it is the intent of the legislature to increase transparency in police practices and to build trust between police officers and members of the public by providing the public with notice of the reasons behind their encounters with the police, and a written record of their interactions with the police in situations that do not result in an arrest or summons.

§ 2. The executive law is amended by adding a new section 233 to read as follows:

§ 233. Identification of law enforcement officers. 1. As used in this article the following words shall have the following meanings:

(a) "Law enforcement activity" shall mean any of the following activities when conducted by law enforcement officers:

(i) noncustodial questioning of individuals;

(ii) pedestrian stops;

(iii) frisks;

(iv) searches of individuals' persons, property, or possessions (including vehicles);

(v) traffic stops;

(vi) roadblock or checkpoint stops;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00184-01-9

S. 8577 2

(vii) home searches; and

(viii) contact with potential victims of and witnesses to crimes.

(b) "Noncustodial questioning" shall mean both the routine, investigatory questioning of individuals and the questioning of suspects where such individuals or suspects have not been detained and are free to end the encounter at will.

2. Upon initiation of law enforcement activity, state and local law enforcement officers shall:

(a) Identify themselves to the subject or subjects of the law enforcement activity by providing their full name, rank and command; and

(b) Provide the specific reason for the law enforcement activity.

(c) At the conclusion of law enforcement activity that does not result in an arrest or summons, the subject or subjects of the law enforcement activity shall be provided with the law enforcement officer's business card, which shall include, at a minimum the name, rank, command of the officer and a phone number that the subject of the law enforcement activity may use to submit comments or complaints about the encounter.

3. Subdivision two of this section shall not apply where a law enforcement officer is not in uniform and identification of the officer would compromise the immediate safety of the public or law enforcement officers or would seriously compromise a specific, ongoing law enforcement investigation.

§ 3. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 4. This act shall take effect on the ninetieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the executive law, in relation to requiring state and local law enforcement officers to identify themselves to the public

Purpose or general idea of bill

Relates to requiring state and local law enforcement officers to identi- fy themselves to the public

Summary of specific provisions

In adopting this act, it is the intent of the legislature to increase transparency in police practices and to build trust between police offi- cers and members of the public. Law enforcement activity means all but not limited to the following; pedestrian stops, frisks, noncustodial questioning of individuals, traffic stops, and home searches.

Justification

The legislature finds that the people of the state of New York are in great debt to the hard work and dedication of police officers in their daily duties. The legislature finds that mistrust of law enforcement officers based on real or perceived discrimination hinders law enforce- ment efforts and is a threat to public safety. New York state and local police policy already requires that officers wear shields and nameplates at all times while in uniform, and that they provide their rank, name, shield number and command when asked.

Prior legislative history

2017-18: A2992; Referred to Government Operations

Fiscal implications

Undetermined

Effective date

This act shall take effect on the ninetieth day after it shall become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.