S 5863: Directs municipalities to create a program for bystander reporting of stolen, false or fraudulent license plates.

  
  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.