senate Bill S1748

2013-2014 Legislative Session

Prohibits law enforcement agencies or officers from inquiring about immigration status

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

Co-Sponsors

S1748 - Bill Details

Current Committee:
Law Section:
Executive Law
Laws Affected:
Add ยง844, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1865
2009-2010: S8209

S1748 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1748

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1748

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  KRUEGER, MONTGOMERY -- 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.
                                                           LBD02620-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.