|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to finance|
|Jan 13, 2011||referred to finance|
senate Bill S1865
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1865 - Details
- Law Section:
- Executive Law
- Laws Affected:
- Add §844, Exec L
- Versions Introduced in 2009-2010 Legislative Session:
S1865 - Sponsor Memo
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.
S1865 - Bill Text download pdf
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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