NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5249
SPONSOR: Reyes
 
TITLE OF BILL:
An act to amend the executive law, in relation to prohibiting members of
the state police, police officers, and peace officers from intentionally
covering their badges
 
PURPOSE OF BILL:
Prohibits members of the state police: police officers, and peace offi-
cers from intentionally covering their badges.
 
SUMMARY OF PROVISIONS:
Section 1 and 2 amends the executive law to prohibit state police
members that are acting in an official capacity froth intentionally
covering their badge identification. It also establishes a fine of $500
for each such violation. The bill also requires the 'superintendent to
create a telephone number, to be posted on the division of state
police's website, which individuals can call to report violators of this
law.
Section 3 provides the effective date.
 
JUSTIFICATION:
Recent Black Lives Matter demonstrations stemming from police brutality
have highlighted that many law enforcement agents have been covering
their age numbers and hiding their form of identification during inter-
actions with the public. As a result, inappropriate interactions with 1
w enforcement cannot readily be reported for review because the public .
is not able to identify the officer/s who is are involved in the inap-
propriate conduct. Clear identification is necessary to ensure the safe-
ty of civilians and that they are able to report any unwarranted brutal-
ity or harm. This bill will provide individuals with a civil remedy
should a law officer intentionally cover their badge while acting in an
official capacity and creates a direct complaint line to which such
actions can be reported. In addition, this legislation will serve as a
deterrent against law enforcement intentionally hiding their identifica-
tion to avoid accountability for their actions.
 
PRIOR LEGISLATIVE HISTORY:
2019-2020: A10697 (Simotas) /S8849 (Bailey) - Referred to Rules
2021-2022: A8016 (Pichardo)/S3701 (Bailey) - Referred to Codes
2022: A10721 (Reyes)/S3701 (Bailey) - Referred to Codes
2023-2024: A5626 (Reyes)/S2317 (Bailey) - Referred to Codes
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5249
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Codes
AN ACT to amend the executive law, in relation to prohibiting members of
the state police, police officers, and peace officers from inten-
tionally covering their badges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 214-j
2 to read as follows:
3 § 214-j. Display of badge. 1. No sworn member of the state police,
4 while acting in such member's official capacity as a sworn member of the
5 state police, shall intentionally cover such member's badge so that such
6 member's identification is not visible.
7 2. The division of state police shall impose a fine of five hundred
8 dollars upon any sworn member of the state police who is reported to
9 have violated the provisions of subdivision one of this section, for
10 each such violation.
11 3. The superintendent shall create a telephone number, which shall be
12 posted on the division's website, which citizens may call to report a
13 sworn member of the state police being in violation of subdivision one
14 of this section.
15 § 2. The executive law is amended by adding a new section 837-y to
16 read as follows:
17 § 837-y. Display of badge. 1. No police officer or peace officer,
18 while acting in such police officer's or peace officer's official capac-
19 ity as a police officer or peace officer, shall intentionally cover such
20 police officer's or peace officer's badge so that such police officer's
21 or peace officer's identification is not visible.
22 2. The division of criminal justice services shall impose a fine of
23 five hundred dollars upon any police officer or peace officer who is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08065-01-5
A. 5249 2
1 reported to have violated the provisions of subdivision one of this
2 section, for each such violation.
3 3. The commissioner shall create a telephone number, which shall be
4 posted on the division's website, which citizens may call to report a
5 police officer or peace officer being in violation of subdivision one of
6 this section.
7 § 3. This act shall take effect immediately.