S T A T E O F N E W Y O R K
________________________________________________________________________
210
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to requiring a report to
be made to the United States bureau of immigration and customs
enforcement of any person present in the United States in violation of
federal immigration laws who is arrested under state law or who comes
within thirty days from being released from a correctional facility,
parole or county jail
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 838-a
to read as follows:
S 838-A. REPORTING TO THE UNITED STATES BUREAU OF IMMIGRATION AND
CUSTOMS ENFORCEMENT. 1. THE NEW YORK STATE POLICE AND EVERY POLICE AGEN-
CY IN THE STATE AS DEFINED IN SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED
THIRTY-FIVE OF THIS ARTICLE, SHALL REPORT ANY PERSON WHO IS ARRESTED
UNDER STATE LAW AND WHO IS REASONABLY SUSPECTED OF BEING PRESENT IN THE
UNITED STATES IN VIOLATION OF FEDERAL IMMIGRATION LAWS TO THE UNITED
STATES BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT.
2. THE DEPARTMENT OF CORRECTIONAL SERVICES, THE DIVISION OF PAROLE AND
COUNTY JAIL OFFICIALS SHALL NOTIFY THE UNITED STATES BUREAU OF IMMI-
GRATION AND CUSTOMS ENFORCEMENT OF ANY PERSON WHO IS INCARCERATED OR IS
ON PAROLE AND IS PRESENT IN THE UNITED STATES IN VIOLATION OF FEDERAL
IMMIGRATION LAWS, WHO COMES WITHIN THIRTY DAYS FROM BEING RELEASED FROM
A CORRECTIONAL FACILITY, PAROLE OR COUNTY JAIL.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00348-01-9