NY State Senate Bill 2009-S8209

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	referred to rules

co-Sponsors

2009-S8209 (ACTIVE) - Details

See Assembly Version of this Bill:: A11664
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Add §844, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1865
2013-2014: S1748
2015-2016: S3714

2009-S8209 (ACTIVE) - 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.

2009-S8209 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8209

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 PROVISION:
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.

2009-S8209 (ACTIVE) - Bill Text download pdf

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

                                  8209

                            I N  S E N A T E

                              June 16, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.
                                                           LBD17721-01-0

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Senate Bill S8209

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2009-S8209 (ACTIVE) - Details

2009-S8209 (ACTIVE) - Summary

2009-S8209 (ACTIVE) - Sponsor Memo

2009-S8209 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8209

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Sponsored By

Pedro Espada Jr.

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Kevin S. Parker

2009-S8209 (ACTIVE) - Details

2009-S8209 (ACTIVE) - Summary

2009-S8209 (ACTIVE) - Sponsor Memo

2009-S8209 (ACTIVE) - Bill Text download pdf

Comments