senate Bill S391

2011-2012 Legislative Session

Enacts the "diplomatic immunity notification act"

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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
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to investigations and government operations
Jan 05, 2011 referred to investigations and government operations

S391 - Bill Details

Current Committee:
Senate Rules
Law Section:
Law Enforcement Officers
Versions Introduced in 2009-2010 Legislative Session:
S5222A

S391 - Bill Texts

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Requires notification to certain federal and state agencies when certain persons with diplomatic immunity violate the law; requires a report by law enforcement or police agencies to include, but not be limited to, the name of the person protected by diplomatic immunity; the person's title, position and/or assignment in the United States; and the date, time, location and nature of the incident, including the potential penal law violations prompting such person having been arrested or who would have been arrested but for their diplomatic immunity.

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BILL NUMBER:S391

TITLE OF BILL:
An act
in relation to requiring notification to certain federal and state
agencies when certain persons with diplomatic immunity
violate the law

PURPOSE:
To require notification to appropriate
federal, state and
diplomatic authorities when individuals with diplomatic immunity
violate the law.

SUMMARY OF PROVISIONS:
This act requires that in each incident where a
person protected by diplomatic immunity is arrested, or but for
diplomatic immunity would have been arrested, by a law enforcement or
police agency for the potential violation of the penal law, a
specific set of federal, state and diplomatic authorities should be
notified, and that law enforcement agencies report biannual summaries
of such incidents.

JUSTIFICATION:
Currently there are no formal notification or
recordkeeping requirements at the state or federal level of incidents
where diplomatic immunity is invoked to escape arrest or prosecution.
The "diplomatic immunity notification act" creates a system that will
provide federal and state officials and the public at large with
information about the use of diplomatic immunity in New York State,
and protect the public from diplomatic staff who repeatedly violate
the law.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.5222-A/A.8051-A

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
________________________________________________________________________

                                   391

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT in relation to requiring  notification  to  certain  federal  and
  state  agencies  when certain persons with diplomatic immunity violate
  the law

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

  Section 1.  This act shall be known and may be cited as the "diplomat-
ic immunity notification act".
  S  2.  1.  Each  incident,  occurrence  or circumstance where a person
protected from detention, arrest, and/or prosecution by diplomatic immu-
nity was in fact arrested, or would have been  arrested  but  for  their
diplomatic  immunity  by a law enforcement or police agency concerning a
potential violation of the penal law of the state of New York  shall  be
reported by such agency to the following:
  (a) the United States department of state;
  (b) the secretary-general of the United Nations;
  (c) the ambassador or chief diplomatic officer to the United States of
such  individual's  home  country  and  of  the country or international
organization employing such individual in a capacity through which  such
individual enjoys diplomatic immunity;
  (d) the governor;
  (e) the attorney general; and
  (f)  the chief elected officer of the locality in which such incident,
occurrence or circumstance occurred.
  2. Such report shall include, but not be limited to, the name  of  the
person  protected  by  diplomatic immunity; the person's title, position
and/or assignment in the United States; and the date, time, location and
nature of the incident, including the  potential  penal  law  violations

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00853-01-1

S. 391                              2

prompting  such  person having been, or who would have been arrested but
for their diplomatic immunity.
  3.  Every  law  enforcement  and  police agency shall issue a biannual
update listing any and all incidents to:
  (a) the United States department of state;
  (b) the secretary-general of the United Nations;
  (c) the ambassador or chief diplomatic officer to the United States of
such individual's home country  and  of  the  country  or  international
organization  employing such individual in a capacity through which such
individual enjoys diplomatic immunity;
  (d) the governor;
  (e) the attorney general; and
  (f) the chief elected officer of the locality in which such  incident,
occurrence or circumstance occurred.
  S 3. This act shall take effect immediately.

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