S T A T E O F N E W Y O R K ________________________________________________________________________ 289 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. LITTLE -- 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 prohibiting the use of unmarked police vehicles THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 1102-a to read as follows: S 1102-A. USE OF UNMARKED POLICE VEHICLES PROHIBITED. (A) NOTWITH- STANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, NO UNMARKED OR CONCEALED IDENTITY POLICE VEHICLE SHALL BE USED BY ANY POLICE OFFICER TO ROUTINELY STOP OR APPREHEND OPERATORS OF MOTOR VEHICLES FOR VIOLATIONS OF THIS CHAPTER, AND NO GOVERNMENTAL ENTITY SHALL REQUIRE OR PERMIT THE USE OF SUCH VEHICLES FOR SUCH PURPOSE, ON AND AFTER NOVEMBER FIRST, TWO THOUSAND TEN; PROVIDED, HOWEVER, THAT NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE USE OF SUCH VEHICLES TO STOP OR APPREHEND OPERATORS OF MOTOR VEHICLES FOR SUCH OFFENSES, BUT ONLY UNDER CIRCUMSTANCES WHICH ARE EXCEPTIONAL, NECESSARY, AND WHICH PRESENT A SUBSTANTIAL THREAT TO PUBLIC SAFETY. A POLICE VEHICLE SHALL BE DEEMED TO BE UNMARKED OR HAVE A CONCEALED IDENTITY UNLESS IT IS EQUIPPED WITH: (I) LIGHTS AS AUTHORIZED BY SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, WHICH ARE DISPLAYED AND VISIBLE; (II) A HORN, SIREN, ELECTRONIC DEVICE, OR EXHAUST WHISTLE FROM WHICH AUDIBLE SIGNALS ARE SOUNDED; AND (III) AN INSIGNIA IDENTIFYING SUCH VEHICLE AS A POLICE VEHICLE AS DEFINED BY THIS SECTION. (B) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICA- TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION AND, UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.