A02328 Summary:

BILL NOA02328B
 
SAME ASSAME AS S03076-B
 
SPONSORReyes
 
COSPNSRRosenthal L, Rodriguez, Weprin, Epstein, Carroll, Simon, Taylor, Quart, Forrest, Steck, Cruz, Burgos, Anderson, Mitaynes, O'Donnell, Dinowitz, Clark, Kelles, Gallagher, Otis, Gonzalez-Rojas, Pretlow, Seawright, Mamdani, Jacobson, Hevesi, Vanel, Burdick, Lavine, Gottfried, Meeks, Jackson, Thiele, Perry, Davila, Ramos, Walker, Fernandez, Niou, Jean-Pierre, Glick, Joyner, Paulin, Tapia, Solages, Bronson, Lunsford, Fahy, De Los Santos, Dickens, Cunningham, Rivera J, Hyndman, Kim, Rivera JD
 
MLTSPNSRCook
 
Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art 19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L
 
Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status.
Go to top    

A02328 Actions:

BILL NOA02328B
 
01/14/2021referred to codes
03/09/2021reported referred to ways and means
04/28/2021amend and recommit to ways and means
04/28/2021print number 2328a
06/01/2021reported referred to rules
01/05/2022referred to ways and means
05/27/2022amend and recommit to ways and means
05/27/2022print number 2328b
Go to top

A02328 Committee Votes:

CODES Chair:Dinowitz DATE:03/09/2021AYE/NAY:16/6 Action: Favorable refer to committee Ways and Means
DinowitzAyeMorinelloNay
PretlowAyeGiglioNay
CookAyeMontesanoNay
CymbrowitzAyeReillyNay
O'DonnellAyeMikulinNay
LavineAyeTannousisNay
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

WAYS AND MEANS Chair:Weinstein DATE:06/01/2021AYE/NAY:24/10 Action: Favorable refer to committee Rules
WeinsteinAyeRaNay
GlickAyeFitzpatrickNay
NolanExcusedHawleyNay
PretlowAyeMontesanoNay
PerryAyeBlankenbushNay
ColtonAyeNorrisNay
CookAyeBrabenecNay
CahillAyePalmesanoNay
AubryAyeByrneNay
CusickAyeAshbyNay
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye

Go to top

A02328 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A02328 Memo:

Memo not available
Go to top

A02328 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2328--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by  M.  of A. REYES, L. ROSENTHAL, WEPRIN, EPSTEIN, CARROLL,
          SIMON,  TAYLOR,  QUART,  FORREST,  STECK,  CRUZ,   BURGOS,   ANDERSON,
          MITAYNES,  O'DONNELL, DINOWITZ, CLARK, KELLES, GALLAGHER, OTIS, GONZA-
          LEZ-ROJAS,  PRETLOW,  SEAWRIGHT,  MAMDANI,  JACOBSON,  HEVESI,  VANEL,
          BURDICK,  LAVINE,  GOTTFRIED,  MEEKS,  JACKSON, THIELE, DAVILA, RAMOS,
          WALKER, FERNANDEZ, NIOU, JEAN-PIERRE, GLICK,  JOYNER,  PAULIN,  TAPIA,
          SOLAGES,  BRONSON, LUNSFORD, FAHY, DE LOS SANTOS, DICKENS, CUNNINGHAM,
          J. RIVERA, HYNDMAN, KIM, J. D. RIVERA -- Multi-Sponsored by --  M.  of
          A.  COOK  --  read  once  and  referred  to  the Committee on Codes --
          reported and referred to the Committee on Ways and Means --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Ways and Means in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT  to  amend  the  criminal  procedure law, the executive law, the
          general municipal law and the correction law, in relation to prohibit-
          ing and regulating the discovery and disclosure of immigration status;
          and to repeal certain provisions of the correction law relating there-
          to
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  1.20 of the criminal procedure law is amended by
     2  adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
     3    46. "Immigration authorities" means any officer, employee, or  govern-
     4  ment  employee  who  is responsible for enforcement of the federal Immi-
     5  gration and Nationality Act, including any officer or  agent  of  United
     6  States  Immigration and Customs Enforcement or United States Customs and
     7  Border Protection.
     8    47. "Immigration enforcement"  means  the  enforcement  of  any  civil
     9  provision  of  the  federal  Immigration  and  Nationality  Act  or  any
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03012-06-2

        A. 2328--B                          2
 
     1  provision of law that penalizes a person's presence in, entry  into,  or
     2  reentry into the United States.
     3    48.  "Immigration  law" means any civil provision of the federal Immi-
     4  gration and Nationality Act and any provision of law  that  penalizes  a
     5  person's presence in, entry into, or reentry into the United States.
     6    49. "Immigration detainer" means any document, form, or other communi-
     7  cation  requesting or directing that a police officer, peace officer, or
     8  government entity detain or maintain custody of an individual,  for  any
     9  period of time, for pickup by or transfer to immigration authorities.
    10    50.  "Civil  immigration warrant" means any warrant for a violation of
    11  civil immigration law that is not issued by a judge  appointed  pursuant
    12  to Article III of the United States constitution or a federal magistrate
    13  judge  appointed  pursuant  to  28  USC  § 631, and includes any warrant
    14  entered into the national crime information center database.
    15    § 2. The criminal procedure law is amended by adding a new article 145
    16  to read as follows:
    17                                 ARTICLE 145
    18     PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
    19               OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
    20  Section 145.05 Duties of police officers,  peace  officers,  and  school
    21                   resource officers; immigration.
    22          145.10 Direction by immigration authorities.
    23          145.15 Immigration   detainer;   questioning,  investigation  or
    24                   interrogation prohibited.
    25          145.20 Inquiry into and collection  of information  about  citi-
    26                   zenship or immigration status prohibited.
    27          145.25 Notification of immigration authorities prohibited.
    28          145.30 Transfer of custody to immigration authorities.
    29          145.35 Entry of immigration status into a database.
    30          145.40 Immigration authorities as interpreters prohibited.
    31          145.45 Written consent for interview.
    32          145.50 Receipt of information regarding citizenship.
    33          145.55 Compliance with court orders and judicial warrants.
    34          145.60 Application of laws.
    35  § 145.05 Duties  of police officers, peace officers, and school resource
    36             officers; immigration.
    37    The duties and authority  of  police  officers,  peace  officers,  and
    38  school  resource officers shall not include authority to engage in immi-
    39  gration  enforcement.  Police  officers,  peace  officers,  and   school
    40  resource  officers  shall  not  use  public  resources  for  immigration
    41  enforcement.
    42  § 145.10 Direction by immigration authorities.
    43    No police officer, peace officer, or school resource officer shall  be
    44  subject  to  the direction or supervision of immigration authorities. No
    45  police officer, peace officer, or school resource officer shall  partic-
    46  ipate  in  or be subject to any agreement for the purpose of immigration
    47  enforcement.
    48  § 145.15 Immigration detainer; questioning,  investigation  or  interro-
    49             gation prohibited.
    50    No  police  officer,  peace  officer, or school resource officer shall
    51  question, investigate, or interrogate an individual solely on the  basis
    52  of an immigration detainer, a civil immigration warrant, or an actual or
    53  suspected violation of immigration law.
    54  § 145.20 Inquiry into and collection of information about citizenship or
    55             immigration status prohibited.

        A. 2328--B                          3
 
     1    1.  No police officer, peace officer, or school resource officer shall
     2  inquire about a person's citizenship, immigration  status,  nationality,
     3  or  country of origin, unless required by law or necessary to administer
     4  a public program or benefit sought by that person.
     5    2.  No police officer, peace officer, or school resource officer shall
     6  collect information regarding citizenship, immigration status, national-
     7  ity, or country of origin, unless required by law or necessary to admin-
     8  ister a public program or benefit sought by that person.
     9  § 145.25 Notification of immigration authorities prohibited.
    10    No police officer, peace officer, or  school  resource  officer  shall
    11  notify  or otherwise communicate with immigration authorities regarding:
    12  (i) the date, time, or location that an individual will be released from
    13  custody; (ii) the time, date,  or  location  of  an  individual's  court
    14  appearance; or (iii) any other information available to police officers,
    15  peace  officers,  or  school resource officers through or as a result of
    16  such employment as a police officer, peace officer, or  school  resource
    17  officer.
    18  § 145.30 Transfer of custody to immigration authorities.
    19    No  police  officer,  peace  officer, or school resource officer shall
    20  transfer or facilitate the transfer of individuals in his or her custody
    21  to the custody of immigration authorities absent a valid court order  or
    22  judicial  warrant  issued  by an independent judge appointed pursuant to
    23  Article III of the United  States  constitution  or  federal  magistrate
    24  judge  appointed  pursuant to 28 USC § 631 commanding the arrest of such
    25  individual.
    26  § 145.35 Entry of immigration status into a database.
    27    No police officer, peace officer, or  school  resource  officer  shall
    28  enter  a person's immigration status into any database maintained by any
    29  government entity unless required or necessary to  administer  a  public
    30  program or benefit sought by such person.
    31  § 145.40 Immigration authorities as interpreters prohibited.
    32    No police officer, peace officer, or school resource officer shall use
    33  immigration  authorities  as  interpreters  for  law enforcement matters
    34  relating to individuals being interviewed,  interrogated,  investigated,
    35  or taken into custody.
    36  § 145.45 Written consent for interview.
    37    1.  In  any  instance  in  which immigration authorities are permitted
    38  access to an individual in the custody of a police officer, peace  offi-
    39  cer,  or  school  resource officer for the purpose of being interviewed,
    40  the officer shall provide the individual with  a  written  consent  form
    41  that explains the purpose of the interview, that the interview is volun-
    42  tary,  and that he or she may decline to be interviewed or may choose to
    43  be interviewed with his or her attorney  present.  The  written  consent
    44  form  shall  be  provided  in English, Spanish, and the five most widely
    45  spoken languages in the county where the officer's agency or  department
    46  is located.
    47    2.  After  providing  an  individual in custody with a written consent
    48  form pursuant to subdivision one of this section, an officer shall  keep
    49  a  written  record  of  whether    the individual declined an interview,
    50  consented to an interview, or asked for an attorney to be present at the
    51  interview, and whether an  interview  occurred.  The  office  or  agency
    52  employing such officer shall maintain all such written records and shall
    53  compile  an annual summary identifying the number of requests for inter-
    54  views received   and whether each  individual  declined  the  interview,
    55  consented  to  the  interview, or asked for an attorney to be present at
    56  the interview, and how many interviews occurred. Such summary shall  not

        A. 2328--B                          4
 
     1  include  the  personally  identifiable  information of any individual in
     2  custody, and shall be a public record.
     3  § 145.50 Receipt of information regarding citizenship.
     4    The  provisions  of  this  article shall not prohibit police officers,
     5  peace officers, or school resource officers from  sending  or  receiving
     6  information  regarding an individual's citizenship or immigration status
     7  to or from any local, state, or federal agency.
     8  § 145.55 Compliance with court orders and judicial warrants.
     9    The provisions of  this  article  shall  not  prohibit  officers  from
    10  complying  with  valid  court  orders  or judicial warrants issued by an
    11  independent judge appointed pursuant to Article III of the United States
    12  constitution or federal magistrate judge appointed pursuant to 28 USC  §
    13  631.
    14  § 145.60 Application of laws.
    15    The  provisions  of this article shall apply notwithstanding any other
    16  provisions of state or local law and shall not be construed  to  in  any
    17  way  expand the authority of state and local law enforcement officers to
    18  participate in immigration enforcement.
    19    § 3. The executive law is amended by adding a  new  section  256-b  to
    20  read as follows:
    21    §  256-b.  Duties of local probation departments regarding immigration
    22  enforcement.  1. For the purposes of  this  section,  the  terms  "immi-
    23  gration  authorities",  "immigration  enforcement",  "immigration  law",
    24  "immigration detainer" and "civil immigration warrant"  shall  have  the
    25  same meaning as defined in section 1.20 of the criminal procedure law.
    26    2.  No probation agency or department, nor any employee thereof, shall
    27  inquire about a person's citizenship, immigration  status,  nationality,
    28  or  country of origin, unless required by law or necessary to administer
    29  a public program or benefit sought by such person.
    30    3. No probation agency or department, nor any employee thereof,  shall
    31  communicate with immigration authorities regarding a person presently or
    32  formerly  under the supervision of such agency or department or disclose
    33  to immigration authorities information gained in the course  of  employ-
    34  ment  or available as a result of employment with such agency or depart-
    35  ment.
    36    4. No probation agency or department, nor any employee thereof,  shall
    37  collect  information  about  a person's citizenship, immigration status,
    38  nationality, or country of origin, unless required by law  or  necessary
    39  to administer a public program or benefit sought by such person.
    40    5.  No probation agency or department, nor any employee thereof, shall
    41  question, investigate, or interrogate an individual solely on the  basis
    42  of an immigration detainer, a civil immigration warrant, or an actual or
    43  suspected violation of immigration law.
    44    6.  No probation agency or department, nor any employee thereof, shall
    45  permit non-local law enforcement agencies to access non-public areas  of
    46  property  or  facilities  under the control of such agency or department
    47  unless presented with a judicial warrant signed by a judge or  independ-
    48  ent magistrate authorizing a search or seeking the arrest of an individ-
    49  ual present at the time the judicial warrant is presented.
    50    7.  In  any  instance  in  which immigration authorities are permitted
    51  access to an individual under the supervision of a probation  agency  or
    52  department for the purpose of being interviewed, the probation agency or
    53  department shall provide the individual with a written consent form that
    54  explains  the purpose of the interview, that the interview is voluntary,
    55  and that he or she may decline to be interviewed or  may  choose  to  be
    56  interviewed  with  his or her attorney present. The written consent form

        A. 2328--B                          5

     1  shall be provided in English, Spanish, and the five most  widely  spoken
     2  languages  in  the  county  where  the officer's agency or department is
     3  located.
     4    8.  No probation agency or department, nor any employee thereof, shall
     5  enter a person's immigration status into any database maintained by  any
     6  government  entity  unless  required or necessary to administer a public
     7  program or benefit sought by such person.
     8    9. No probation agency or department, nor any employee thereof,  shall
     9  investigate a person's immigration status or immigration history.
    10    10. No probation agency or department, nor any employee thereof, shall
    11  include  a  person's immigration status or immigration history in court-
    12  ordered reports.
    13    11. No probation agency or department, nor any employee thereof, shall
    14  use immigration authorities as interpreters for law enforcement  matters
    15  relating  to individuals under the supervision of such agency or depart-
    16  ment.
    17    12. The provisions of this section shall  not  prohibit  employees  of
    18  probation  agencies or departments from sending or receiving information
    19  regarding an individual's citizenship or immigration status to  or  from
    20  any local, state, or federal agency.
    21    13.  The  provisions  of  this  section  shall  not prohibit probation
    22  departments or their employees from complying with valid court orders or
    23  judicial warrants issued by an independent judge appointed  pursuant  to
    24  Article  III  of  the  United  States constitution or federal magistrate
    25  judge appointed pursuant to 28 USC § 631.
    26    14. The provisions of this section  shall  apply  notwithstanding  any
    27  other  provisions of state or local law and shall not be construed to in
    28  any way expand the authority of state and local law enforcement officers
    29  to participate in immigration enforcement.
    30    § 4. The executive law is amended by adding a  new  article  15-AA  to
    31  read as follows:
    32                                ARTICLE 15-AA
    33         RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
    34  Section 319.   Definitions.
    35          319-a. Restrictions  on immigration enforcement by state employ-
    36                   ees.
    37    § 319. Definitions. As used in this article, the following terms shall
    38  have the following meanings:
    39    1. "State entity" means: any agency under the executive  authority  of
    40  the governor; any agency for which the governor appoints the commission-
    41  er  or  highest ranking employee; any public benefit corporation, public
    42  authority, board, or commission for  which  the  governor  appoints  the
    43  chief  executive  or  a  majority  of  the  board members; any division,
    44  department, or office regulated under this chapter;  the  department  of
    45  education  and  any  public school district or charter school, division,
    46  office, or institution under the supervision of the department of educa-
    47  tion; all offices defined in article one of the public officers law; the
    48  department of civil service or any of its civil divisions as defined  in
    49  article  one of the civil service law; and any contractor while perform-
    50  ing services on behalf of the state.
    51    2. "State employee" means any individual employed by: any agency under
    52  the executive authority of the governor; any agency for which the gover-
    53  nor appoints the commissioner or highest ranking  employee;  any  public
    54  benefit  corporation,  public  authority, board, or commission for which
    55  the governor appoints the chief executive or a  majority  of  the  board
    56  members;  any division, department, or office regulated under this chap-

        A. 2328--B                          6

     1  ter; the department of education and any public school district or char-
     2  ter school, division, office, or institution under  the  supervision  of
     3  the  department  of education; all offices defined in article one of the
     4  public officers law; the department of civil service or any of its civil
     5  divisions  as  defined  in  article one of the civil service law; or any
     6  contractor while performing services on behalf of the state.
     7    3. For the purposes of this section, the terms  "immigration  authori-
     8  ties",   "immigration   enforcement",  "immigration  law",  "immigration
     9  detainer" and "civil immigration warrant" shall have the same meaning as
    10  defined in section 1.20 of the criminal procedure law.
    11    § 319-a. Restrictions on immigration enforcement by  state  employees.
    12  1. No state employee shall use state resources, including but not limit-
    13  ed  to  time  spent while on duty or any state property, for immigration
    14  enforcement purposes.
    15    2. No state entity or state employee  shall  disclose  to  immigration
    16  authorities an individual's personally identifiable information, includ-
    17  ing,  but not limited to, a person's name, social security number, phys-
    18  ical description, home address, telephone number, financial information,
    19  medical information, place of employment or education.
    20    3. No state entity or state employee shall inquire  about  a  person's
    21  citizenship,  immigration  status,  nationality,  or  country of origin,
    22  unless required by law or necessary to administer a  public  program  or
    23  benefit sought by that person.
    24    4. No state entity or state employee shall collect information about a
    25  person's  citizenship,  immigration  status,  nationality, or country of
    26  origin, unless required by law  or  necessary  to  administer  a  public
    27  program or benefit sought by such person.
    28    5.   No state entity or state employee shall question, investigate, or
    29  interrogate an individual solely on the basis of an immigration  detain-
    30  er,  a civil immigration warrant, or an actual or suspected violation of
    31  immigration law.
    32    6. No state entity  or  state  employee  shall  permit  non-local  law
    33  enforcement  agencies  to access non-public areas of property or facili-
    34  ties owned by or under the control of the state unless presented with  a
    35  judicial warrant signed by a judge or independent magistrate authorizing
    36  a  search or seeking the arrest of an individual present at the time the
    37  judicial warrant is presented.
    38    7. No state entity or state employee  shall  enter  a  person's  immi-
    39  gration  status  into any database maintained by any state entity unless
    40  required or necessary to administer a public program or  benefit  sought
    41  by that person.
    42    8. No state entity or state employee shall use immigration authorities
    43  as interpreters for law enforcement matters relating to individuals such
    44  entities or employees interact with as part of their employment duties.
    45    9.  All  requests  for  assistance  made by immigration authorities to
    46  state entities or state employees acting in the course of  their  duties
    47  and  all  other  communications  between state employees and immigration
    48  authorities shall be recorded. Each state  entity  whose  employees  are
    49  subject  to this section shall issue an annual report listing the number
    50  of such requests or communications and stating the content  and  outcome
    51  of  each  request or communication, which shall be promptly delivered to
    52  the office of the attorney general and which shall be a public record.
    53    10. This section shall not prohibit state employees  from  sending  or
    54  receiving  information  regarding  an  individual's citizenship or immi-
    55  gration status to or from any local, state, or federal agency.

        A. 2328--B                          7
 
     1    11. The provisions of this article shall not prohibit state  employees
     2  from complying with valid court orders or judicial warrants issued by an
     3  independent judge appointed pursuant to Article III of the United States
     4  constitution  or federal magistrate judge appointed pursuant to 28 USC §
     5  631.
     6    12.  The  provisions  of  this article shall apply notwithstanding any
     7  other provisions of state or local law and shall not be construed to  in
     8  any  way expand the authority of state employees to participate in immi-
     9  gration enforcement.
    10    § 5. The general municipal law is amended by adding a new article 19-C
    11  to read as follows:
    12                                ARTICLE 19-C
    13       DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
    14                         TO IMMIGRATION ENFORCEMENT
    15  Section 995. Restriction on  use  of  local  resources  for  immigration
    16                 enforcement.
    17    §  995. Restriction on use of local resources for immigration enforce-
    18  ment. (a) For the purposes  of  this  section,  the  terms  "immigration
    19  authorities", "immigration enforcement", "immigration law", "immigration
    20  detainer" and "civil immigration warrant" shall have the same meaning as
    21  defined in section 1.20 of the criminal procedure law.
    22    (b)  No  resources  of any municipal corporation shall be utilized for
    23  immigration enforcement. For the purposes of this subdivision, resources
    24  of a municipal corporation shall include, but not be  limited  to,  time
    25  spent  by  the municipal corporation's employees, officers, contractors,
    26  or subcontractors while on duty and the  use  of  any  municipal  corpo-
    27  ration's property.
    28    (c) No municipal corporation, nor any employee thereof, shall disclose
    29  to  immigration  authorities  an  individual's  personally  identifiable
    30  information, including but not limited to  such  person's  name,  social
    31  security  number,  physical description, any associated addresses, tele-
    32  phone number, financial information, medical information,  or  place  of
    33  employment or education.
    34    (d)  No  municipal  corporation, nor any employee thereof, shall ques-
    35  tion, investigate, or interrogate an individual on the basis of an immi-
    36  gration detainer, a civil immigration warrant, or an actual or suspected
    37  violation of immigration law.
    38    (e) No municipal corporation, nor any employee thereof, shall  inquire
    39  about  a person's citizenship, immigration status, nationality, or coun-
    40  try of origin, unless required by  law  or  necessary  to  administer  a
    41  public program or benefit sought by such person.
    42    (f)  No  municipal corporation nor any employee thereof, shall collect
    43  information about a person's citizenship, immigration status, nationali-
    44  ty, or country of origin, unless required by law or necessary to  admin-
    45  ister a public program or benefit sought by such person.
    46    (g)  No municipal corporation, nor any employee thereof, shall enter a
    47  person's immigration status into any database maintained by any  munici-
    48  pal  corporation  unless  required  or  necessary to administer a public
    49  program or benefit sought by such person.
    50    (h) No municipal corporation, nor any employee thereof,  shall  permit
    51  non-local law enforcement agencies to access non-public areas of proper-
    52  ty  or facilities under the control of such municipal corporation unless
    53  presented with a judicial warrant  signed  by  a  judge  or  independent
    54  magistrate  authorizing  a search or seeking the arrest of an individual
    55  present at the time the judicial warrant is presented.

        A. 2328--B                          8
 
     1    (i) No municipal corporation, nor  any  employee  thereof,  shall  use
     2  immigration  authorities  as  interpreters  for  law enforcement matters
     3  relating to individuals such corporation or employees interact  with  as
     4  part of their employment duties.
     5    (j) All requests for assistance made by immigration authorities to law
     6  enforcement agencies within a municipal corporation and all other commu-
     7  nications  between  law  enforcement  officers within a municipal corpo-
     8  ration and immigration authorities shall  be  recorded.  Each  municipal
     9  corporation  shall  issue  an  annual  report listing the number of such
    10  requests or communications and stating the content and outcome  of  each
    11  request  or  communication,  which  shall  be  promptly delivered to the
    12  office of the attorney general and which shall be a public record.
    13    (k) This section shall not prohibit municipal employees  from  sending
    14  or  receiving information regarding an individual's citizenship or immi-
    15  gration status to or from any local, state, or federal agency.
    16    (l) The provisions of this article shall not prohibit municipal corpo-
    17  rations or their employees from complying with  valid  court  orders  or
    18  judicial  warrants  issued by an independent judge appointed pursuant to
    19  Article III of the United  States  constitution  or  federal  magistrate
    20  judge  appointed  pursuant to 28 USC § 631, or from complying with valid
    21  writs of habeas corpus ad prosequendum or habeas corpus ad testificandum
    22  issued by a state court with the authority to do so pursuant to sections
    23  580.30 and 650.30 of the criminal procedure law upon  application  by  a
    24  district attorney.
    25    (m)  The  provisions  of  this article shall apply notwithstanding any
    26  other provisions of state or local law and shall not be construed to  in
    27  any way expand the authority of state and local employees to participate
    28  in immigration enforcement.
    29    §  6.  Section  500-c of the correction law is amended by adding a new
    30  subdivision 4-a to read as follows:
    31    4-a. (a) The chief administrative officer shall not, by formal  agree-
    32  ment or otherwise, allow any officer or employee of a county correction-
    33  al facility to be subject to the direction or supervision of immigration
    34  authorities, as defined in section 1.20 of the criminal procedure law.
    35    (b)  The  chief administrative officer shall ensure that no officer or
    36  employee of a county correctional facility spends time while on duty  or
    37  uses  correctional  facility  resources  for immigration enforcement, as
    38  defined in section 1.20 of the criminal procedure law.
    39    (c) All requests for assistance made  by  immigration  authorities  to
    40  county  jails or their officers acting in the course of their duties and
    41  all other communications between corrections personnel  and  immigration
    42  authorities  shall  be  recorded. The chief administrative officer shall
    43  produce an annual report listing all such  requests  and  communications
    44  and  stating  the content and outcome of request or communication, which
    45  shall be promptly delivered to the office of the  attorney  general  and
    46  which shall be a public record.
    47    § 7. Section 147 of the correction law is REPEALED.
    48    § 8. Section 500-f of the correction law is REPEALED.
    49    §  9.  Section  621  of  the correction law is amended by adding a new
    50  subdivision 3 to read as follows:
    51    3. This section shall not be construed to permit any  law  enforcement
    52  officer or agency of this state or its subdivisions to participate in or
    53  assist  with  immigration enforcement, as defined in section 1.20 of the
    54  criminal procedure law.    All  law  enforcement  officers  or  agencies
    55  furnishing  information  to agencies of other jurisdictions shall obtain

        A. 2328--B                          9
 
     1  from the recipient agency a certification that such information will not
     2  be used for immigration enforcement.
     3    §  10.  The  executive  law is amended by adding a new section 63-e to
     4  read as follows:
     5    § 63-e. Immigration status reports and databases. 1. The office of the
     6  attorney general shall review all reports provided  to  it  pursuant  to
     7  article  fifteen-AA  of  this chapter, article nineteen-C of the general
     8  municipal law, and article  twenty  of  the  correction  law  and  shall
     9  prepare an annual summary of such reports, which shall also identify any
    10  alleged  omissions  or discrepancies in the reported information and any
    11  information that may indicate a violation of  state  law.  Such  summary
    12  shall be a public record.
    13    2.  The  attorney  general  shall  establish  a  system to solicit and
    14  receive complaints from the public about improper use  of  resources  by
    15  state  or  local  entities  or employees for immigration enforcement and
    16  improper sharing of information by state or local entities or  employees
    17  with immigration authorities. The attorney general shall investigate all
    18  such  complaints to determine whether a violation of state law occurred,
    19  and may bring civil actions against state or local entities or employees
    20  acting in their official capacity in the name of the people of the state
    21  of New York to obtain appropriate equitable or declaratory relief if the
    22  attorney general determines that a violation of state law occurred.
    23    3. For any databases operated by state and local law enforcement agen-
    24  cies, including databases maintained for the agency by private  vendors,
    25  the attorney general shall, by the first of January following the effec-
    26  tive  date  of this section, in consultation with appropriate stakehold-
    27  ers, publish guidance,  audit  criteria,  and  training  recommendations
    28  aimed  at  ensuring  that  such  databases are governed in a manner that
    29  limits the availability of information contained therein, to the fullest
    30  extent practicable and consistent with federal and state law, to  anyone
    31  or any entity for the purpose of immigration enforcement.  All state and
    32  local law enforcement agencies are encouraged to adopt necessary changes
    33  to database governance policies consistent with such guidance.
    34    §  11. This act shall take effect immediately; provided, however, that
    35  the amendments to section 500-c of the correction law  made  by  section
    36  six of this act shall not affect the repeal of such section and shall be
    37  deemed repealed therewith.
Go to top