senate Bill S1865

2011-2012 Legislative Session

Prohibits law enforcement agencies or officers from inquiring about immigration status

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to finance
Jan 13, 2011 referred to finance

Co-Sponsors

S1865 - Bill Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง844, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S8209

S1865 - Bill Texts

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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 NUMBER:S1865

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.

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

                                  1865

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- 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.
                                                           LBD06304-01-1

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