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Assembly Bill A796

2009-2010 Legislative Session

Relates to the reporting of the felony convictions of certain non-citizens

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Archive: Last Bill Status - In Assembly Committee

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2009-A796 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Art 3 ยง3.00, Pen L

2009-A796 (ACTIVE) - Summary

Requires certain agencies to report the felony convictions of all persons not citizens of the United States to the proper officer of the United States department of homeland security.

2009-A796 (ACTIVE) - Bill Text download pdf 

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

                                   796

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  -- Multi-Sponsored by -- M. of A.
  AMEDORE, BACALLES, BALL, BARCLAY,  BURLING,  CROUCH,  DUPREY,  ERRIGO,
  FINCH,  GIGLIO,  HAWLEY,  KOLB,  MILLER,  OAKS, O'MARA, RABBITT, RAIA,
  SALADINO, SCOZZAFAVA, TEDISCO, TOBACCO, TOWNSEND, WALKER -- read  once
  and referred to the Committee on Governmental Operations

AN ACT to amend the penal law, in relation to the reporting of the felo-
  ny convictions of certain non-citizens

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

  Section 1. The penal law is amended by adding a new article 3 to  read
as follows:
                                ARTICLE 3
                    REPORTING OF CERTAIN CONVICTIONS
SECTION 3.00 CONVICTIONS OF CERTAIN NON-CITIZENS TO BE REPORTED.
S 3.00 CONVICTIONS OF CERTAIN NON-CITIZENS TO BE REPORTED.
  EXCEPT AS REQUIRED BY SECTION 265.30 OF THIS CHAPTER, EVERY CONVICTION
FOR  A FELONY UNDER THIS CHAPTER OF A PERSON WHO IS NOT A CITIZEN OF THE
UNITED STATES, SHALL BE CERTIFIED TO THE PROPER OFFICER  OF  THE  UNITED
STATES  DEPARTMENT OF HOMELAND SECURITY, UNLESS ANOTHER AGENCY IS DESIG-
NATED TO RECEIVE SUCH NOTIFICATIONS BY THE UNITED STATES ATTORNEY GENER-
AL, BY THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH SUCH CONVICTION  WAS
OBTAINED;  PROVIDED,  HOWEVER,  THAT  NOTHING  IN  THIS SECTION SHALL BE
CONSTRUED TO REQUIRE ANY PERSON HAVING CUSTODY OF SUCH PERSON TO SURREN-
DER SUCH PERSON FOR DEPORTATION OR REMOVAL PRIOR TO  THE  COMPLETION  OF
ANY SENTENCE OF IMPRISONMENT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01534-01-9

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