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Assembly Bill A6081

2009-2010 Legislative Session

Prohibits, unless authorized by state law, municipalities from authorizing local law enforcement to enforce any provision of federal immigration law

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Archive: Last Bill Status - In Assembly Committee

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2009-A6081 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add ยง79, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
A3529

2009-A6081 (ACTIVE) - Summary

Prohibits, unless authorized by state law, municipalities from authorizing or requiring local law enforcement to enforce any provision of federal immigration law, rule or regulation; requires establishment of a civilian review board in each municipality authorized to enforce federal immigration law to review actions and report on actions relating to such enforcement.

2009-A6081 (ACTIVE) - Bill Text download pdf 

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

                                  6081

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M. of A. P. RIVERA, RAMOS -- Multi-Sponsored by -- M. of
  A. ARROYO, DIAZ, ESPAILLAT, V. LOPEZ, ORTIZ, PERALTA,  PERRY,  POWELL,
  J. RIVERA,  N. RIVERA  --  read  once and referred to the Committee on
  Local Governments

AN ACT to amend the general municipal law, in  relation  to  prohibiting
  municipal corporations from empowering local police officers and peace
  officers  to enforce any provision of federal immigration law, rule or
  regulation

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

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 79 to read as follows:
  S 79. PROHIBITION ON ENFORCEMENT OF FEDERAL IMMIGRATION LAW, RULES AND
REGULATIONS. 1. NO MUNICIPAL CORPORATION SHALL AUTHORIZE OR REQUIRE  ANY
MUNICIPAL  POLICE  OFFICER  OR PEACE OFFICER TO ENFORCE ANY PROVISION OF
FEDERAL IMMIGRATION LAW,  RULE  OR  REGULATION,  UNLESS  SUCH  MUNICIPAL
CORPORATION IS EXPRESSLY AUTHORIZED TO DO SO BY STATE STATUTE.
  2.  EVERY MUNICIPAL CORPORATION, EXPRESSLY AUTHORIZED BY STATE STATUTE
TO AUTHORIZE OR REQUIRE ITS POLICE OFFICERS OR PEACE OFFICERS TO ENFORCE
FEDERAL IMMIGRATION LAW, RULES OR REGULATIONS, SHALL, PRIOR TO ANY  SUCH
AUTHORIZATION  OR  REQUIREMENT,  ESTABLISH  A  CIVILIAN  REVIEW BOARD TO
REVIEW, EVALUATE AND REPORT ALL ACTIONS OF THE MUNICIPAL POLICE OFFICERS
AND PEACE OFFICERS AUTHORIZED OR REQUIRED TO ENFORCE FEDERAL IMMIGRATION
LAW, RULES AND REGULATIONS. EVERY CIVILIAN  REVIEW  BOARD  SHALL  COMPLY
WITH THE PROVISIONS OF RULES AND REGULATIONS PROMULGATED BY THE ATTORNEY
GENERAL FOR SUCH BOARDS.
  3.  ANNUALLY,  ON  OR  BEFORE  MARCH FIRST, EACH CIVILIAN REVIEW BOARD
SHALL SUBMIT A REPORT TO THE LEGISLATURE AND  THE  ATTORNEY  GENERAL  ON
EVERY  ACTION  TAKEN BY A POLICE OFFICER OR PEACE OFFICER OF THE MUNICI-
PALITY DURING THE PREVIOUS CALENDAR YEAR RELATING TO THE ENFORCEMENT  OF
FEDERAL IMMIGRATION LAW, RULES AND REGULATIONS, AND THE CIRCUMSTANCES OF
EACH SUCH ACTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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