Bill Text: NY S02751 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to the development and implementation of an interface between the department of motor vehicles and the state police for the purpose of comparing information submitted by individuals engaging in in-person, mail or internet transactions with the department of motor vehicles to open criminal warrants.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2014-04-29 - REPORTED AND COMMITTED TO FINANCE [S02751 Detail]

Download: New_York-2013-S02751-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2751
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       Introduced by Sen. MARCHIONE -- 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 the develop-
         ment  and  implementation  of  an  interface between the department of
         motor vehicles and the state  police  for  the  purpose  of  comparing
         information  submitted  by  individuals engaging in in-person, mail or
         internet transactions with the department of motor  vehicles  to  open
         criminal warrants
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 399-p to read as follows:
    3    S  399-P.  POLICE  INFORMATION  INTERFACE.   1. THE COMMISSIONER SHALL
    4  ESTABLISH A PROGRAM TO ALLOW THE DEPARTMENT TO INTERFACE  WITH  THE  NEW
    5  YORK  STATE  POLICE  INFORMATION NETWORK (NYSPIN), SUCH THAT INFORMATION
    6  SUBMITTED BY INDIVIDUALS ENGAGING IN IN-PERSON, MAIL OR INTERNET  TRANS-
    7  ACTIONS WITH THE DEPARTMENT SHALL BE COMPARED TO OPEN CRIMINAL WARRANTS.
    8  THE  COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF STATE POLICE, THE
    9  DIVISION OF CRIMINAL JUSTICE SERVICES, AND  THE  OFFICE  FOR  TECHNOLOGY
   10  SHALL  DEVELOP  AND  IMPLEMENT SUCH INTERFACE, PURSUANT TO THE FOLLOWING
   11  STANDARDS.
   12    2. THE INTERFACE SHALL AUTOMATICALLY CONDUCT A REAL-TIME COMPARISON OF
   13  TRANSACTIONAL INFORMATION ENTERED INTO DEPARTMENT DATABASES AND  CURRENT
   14  WARRANT  INFORMATION  CONTAINED IN NYSPIN. WHEN SUCH COMPARISON YIELDS A
   15  CORRELATION SUFFICIENT TO BE CONSIDERED A MATCH, AS  DETERMINED  BY  THE
   16  DIVISION  OF  STATE  POLICE,  A  COMPUTERIZED SYSTEM SHALL AUTOMATICALLY
   17  TRANSMIT ALL DEPARTMENT INFORMATION PERTINENT TO THE WARRANT TO STATE OR
   18  LOCAL LAW ENFORCEMENT. THE COMPUTERIZED SYSTEM SHALL NOT, AT  ANY  TIME,
   19  ALERT  THE  DEPARTMENT  OR ITS EMPLOYEES OF THE RESULTS OF THE INTERFACE
   20  PROCESS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02812-01-3
       S. 2751                             2
    1    3. DEPARTMENT INFORMATION THAT SHALL BE TRANSMITTED TO LAW ENFORCEMENT
    2  AGENCIES MAY INCLUDE, BUT IS NOT LIMITED TO:  PHOTOGRAPHS  AND  PHYSICAL
    3  CHARACTERISTICS OF AN INDIVIDUAL, DESCRIPTIONS OF VEHICLES REGISTERED TO
    4  AND/OR OWNED BY AN INDIVIDUAL, THE LAST KNOWN ADDRESS AND CONTACT INFOR-
    5  MATION  OF AN INDIVIDUAL, THE PRESENT LOCATION OF AN INDIVIDUAL, AND THE
    6  DRIVER IDENTIFICATION AND SOCIAL SECURITY NUMBERS OF AN INDIVIDUAL. SUCH
    7  INFORMATION SHALL ONLY BE TRANSMITTED TO A LAW  ENFORCEMENT  AGENCY  FOR
    8  USE  IN  CARRYING  OUT  ITS  FUNCTIONS, PURSUANT TO THE FEDERAL DRIVER'S
    9  PRIVACY PROTECTION ACT (18 U.S.C. S 2721 ET. SEQ.).
   10    4. OPERATION AND MAINTENANCE OF THE INTERFACE  SHALL  BE  BY  A  JOINT
   11  EFFORT OF THE DEPARTMENT AND THE DIVISION OF STATE POLICE.
   12    5.  THE SUPERINTENDENT OF THE STATE POLICE SHALL DEVELOP PROTOCOLS AND
   13  IMPLEMENT TRAINING TO ENSURE THE SAFETY OF ALL DEPARTMENT EMPLOYEES  AND
   14  CUSTOMERS. SUCH PROTOCOLS AND TRAINING SHALL INCLUDE, BUT ARE NOT LIMIT-
   15  ED  TO,  PROCEDURES  FOR  THE  EXECUTION OF A WARRANT BY LAW ENFORCEMENT
   16  AGENTS WHEN A MATCH RESULTS FROM INFORMATION  YIELDED  BY  AN  IN-PERSON
   17  TRANSACTION.
   18    S  2.  Within  twelve  months  of  the effective date of this act, the
   19  commissioner of the department of motor  vehicles  shall  implement  the
   20  interface  described in section one of this act and shall promulgate all
   21  rules and regulations he or she deems necessary to implement the  utili-
   22  zation of the interface.
   23    S 3. This act shall take effect immediately.
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