senate Bill S1748

Prohibits law enforcement agencies or officers from inquiring about immigration status

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE

Summary

Prohibits law enforcement agencies or officers from inquiring about immigration status unless a person is booked into a detention facility or the immigration status of a person is pertinent to the criminal investigation.

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Bill Details

Versions:
S1748
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง844, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1865
2009-2010: S8209

Sponsor Memo

BILL NUMBER:S1748

TITLE OF BILL:
An act
to amend the executive law, in relation to prohibiting a law enforcement
agency or officer from inquiring about immigration status

PURPOSE OR GENERAL IDEA OF BILL:
Law enforcement officers cannot inquire about immigration status
during the course of an investigation unless a individual is booked
into a detention facility or is arrested for a breach of penal code
and immigration status is pertinent to the criminal investigation.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The executive law is amended by adding a new section 844 to
read as follows:

Section 844 Inquiry into immigration status limited.
Subsection a. In conducting routine or spontaneous investigatory
activity, including an interview, a detention, a traffic stop,
pedestrian stop, a frisk or other type of bodily search or a search
of personal or real property, a law enforcement agency or a law
enforcement officer shall not inquire about or seek proof of a
person's immigration status.

Subsection b. No inquiry of victim's or witness's immigration status.

Subsection c. Inquiry of immigration status can occur when person is
booked into a detention facility or person is arrested for violation
of Penal law and immigration status is pertinent to the investigation.

JUSTIFICATION:
According to united States Constitution enforcement of federal laws
falls on the federal government, this includes immigration
enforcement. State and local law enforcement are responsible for
policing their communities and pursuing serious criminal offenses:
Enforcement of immigration laws adds additional roles and
responsibilities these officers don't have the training or the
resources to handle. The time spent asking people who appear foreign
for their papers is time not spent targeting individuals who pose
serious threats to their communities-a shift that overburdens the
already stressed resources of state and local police.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1748

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  KRUEGER, MONTGOMERY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

AN  ACT  to  amend  the  executive law, in relation to prohibiting a law
  enforcement agency or officer from inquiring about immigration status

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section 844 to
read as follows:
  S  844.  INQUIRY  INTO  IMMIGRATION STATUS LIMITED. A. IN CONDUCTING A
ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITY, INCLUDING AN INTERVIEW, A
DETENTION, A TRAFFIC STOP, A PEDESTRIAN STOP, A FRISK OR OTHER  TYPE  OF
BODILY  SEARCH  OR A SEARCH OF PERSONAL OR REAL PROPERTY, A LAW ENFORCE-
MENT AGENCY OR A LAW ENFORCEMENT OFFICER SHALL NOT INQUIRE ABOUT OR SEEK
PROOF OF A PERSON'S IMMIGRATION STATUS.
  B. IN CONDUCTING AN  INVESTIGATORY  ACTIVITY  IN  CONNECTION  WITH  AN
INVESTIGATION,  A  LAW  ENFORCEMENT  AGENCY OR A LAW ENFORCEMENT OFFICER
SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A VICTIM'S OR  WITNESS'S  IMMI-
GRATION STATUS.
  C.  IN  CONDUCTING  AN  INVESTIGATORY  ACTIVITY  IN CONNECTION WITH AN
INVESTIGATION, A LAW ENFORCEMENT AGENCY OR  A  LAW  ENFORCEMENT  OFFICER
SHALL  NOT INQUIRE ABOUT OR SEEK PROOF OF A PERSON'S IMMIGRATION STATUS,
UNLESS:
  (1) THE PERSON IS BOOKED INTO A DETENTION FACILITY; OR
  (2) THE PERSON IS ARRESTED FOR A VIOLATION OF THE  PENAL  LAW  OF  THE
STATE OR A POLITICAL SUBDIVISION OF THE STATE AND THE IMMIGRATION STATUS
OF THAT PERSON IS PERTINENT TO THE CRIMINAL INVESTIGATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02620-01-3

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