A 7139: Relates to requiring state and local law enforcement officers to identify themselves to the public during law enforcement activities.

  
  STATE OF NEW YORK ________________________________________________________________________ 7139 2025-2026 Regular Sessions  IN ASSEMBLY March 20, 2025 ___________ Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to the Committee on Governmental Operations 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 Assem- bly, do enact as follows: 1 Section 1. Declaration of legislative intent and findings. The legis- 2 lature finds that the people of the state of New York are in great debt 3 to the hard work and dedication of police officers in their daily 4 duties. The legislature further finds that mistrust of law enforcement 5 officers based on real or perceived discrimination hinders law enforce- 6 ment efforts and is a threat to public safety. New York state and local 7 police policy already requires that officers wear shields and nameplates 8 at all times while in uniform, and that they provide their rank, name, 9 shield number and command when asked. 10 In adopting this act, it is the intent of the legislature to increase 11 transparency in police practices and to build trust between police offi- 12 cers and members of the public by providing the public with notice of 13 the reasons behind their encounters with the police, and a written 14 record of their interactions with the police in situations that do not 15 result in an arrest or summons. 16 § 2. The executive law is amended by adding a new section 236 to read 17 as follows: 18 § 236. Identification of law enforcement officers. 1. As used in this 19 article the following words shall have the following meanings: 20 (a) "Law enforcement activity" shall mean any of the following activ- 21 ities when conducted by law enforcement officers: 22 (i) noncustodial questioning of individuals; 23 (ii) pedestrian stops; 24 (iii) frisks; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02265-01-5 
 A. 7139 2 1 (iv) searches of individuals' persons, property, or possessions 2 (including vehicles); 3 (v) traffic stops; 4 (vi) roadblock or checkpoint stops; 5 (vii) home searches; and 6 (viii) contact with potential victims of and witnesses to crimes. 7 (b) "Noncustodial questioning" shall mean both the routine, investiga- 8 tory questioning of individuals and the questioning of suspects where 9 such individuals or suspects have not been detained and are free to end 10 the encounter at will. 11 2. Upon initiation of law enforcement activity, state and local law 12 enforcement officers shall: 13 (a) Identify themselves to the subject or subjects of the law enforce- 14 ment activity by providing their full name, rank and command; 15 (b) Provide the specific reason for the law enforcement activity; and 16 (c) At the conclusion of law enforcement activity that does not result 17 in an arrest or summons, the subject or subjects of the law enforcement 18 activity shall be provided with the law enforcement officer's business 19 card, which shall include, at a minimum, the name, rank, command of the 20 officer and a phone number that the subject of the law enforcement 21 activity may use to submit comments or complaints about the encounter. 22 3. Subdivision two of this section shall not apply where a law 23 enforcement officer is not in uniform and identification of the officer 24 would compromise the immediate safety of the public or law enforcement 25 officers or would seriously compromise a specific, ongoing law enforce- 26 ment investigation. 27 § 3. Severability. If any clause, sentence, paragraph, section or part 28 of this act shall be adjudged by any court of competent jurisdiction to 29 be invalid, such judgment shall not affect, impair or invalidate the 30 remainder thereof, but shall be confined in its operation to the clause, 31 sentence, paragraph, section or part thereof directly involved in the 32 controversy in which such judgment shall have been rendered. 33 § 4. This act shall take effect on the ninetieth day after it shall 34 have become a law.