senate Bill S486

2013-2014 Legislative Session

Prohibits disclosure of immigration status for victims of domestic violence; adds enhanced penalties for coercive threats to expose immigration status of victims

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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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Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S486 - Bill Details

See Assembly Version of this Bill:
A5364
Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§140.10 & 530.11, add §2.25, CP L; amd §459-h, Soc Serv L; amd §812, Fam Ct Act; add §70.11, Pen L; add §844, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S7412, A10286

S486 - Bill Texts

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Prohibits disclosure of immigration status for victims of domestic violence; adds enhanced penalties for coercive threats to expose immigration status of victims and witnesses of domestic violence.

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BILL NUMBER:S486

TITLE OF BILL:
An act
to amend the criminal procedure law, the social services law, the family
court act, the penal law and the executive law, in relation to
maintaining the confidentiality of immigration status for victims of
domestic violence

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that all women in New York State
feel safe to report domestic violence incidents.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill gives the short title, the "New York State
Violence Against Women Act".

Section 2 of the bill amends section 140.10 of the criminal procedure
law, to provide that state and local officers making arrests in
domestic violence cases shall not inquire as to the immigration
status of the victim. It further provides that if the officer
inadvertently learns of it, he should not report the status to any
local, state, or federal law enforcement agency.

Section 3 of the bill amends section 530.11 of the criminal procedure
law to provide that petitioners requesting orders of protection shall
have confidentiality in their immigration status.

Section 4 of the bill adds a new section 2.25 to the criminal
procedure law, prohibiting a law enforcement officer to inquire as to
the immigration status of a domestic violence victim during an
investigation.

Sections 5 and 6 of the bill add new language to section 459-h of the
social services law and section 812 of the family court act,
respectively, providing for confidentiality of immigration status
during investigations and proceedings by those entities.

Section 7 adds a new section 70.11 to the penal law, providing that
in domestic violence cases, the court may take as an aggravating
factor that an abuser threatened to expose a victim's domestic
violence status.

Section 8 of the bill adds a new section 844 to the executive law,
prohibiting law enforcement officers from referring any information
regarding immigration status to federal law enforcement in the
context of a domestic violence investigation.

JUSTIFICATION:
One in four women is a victim of domestic violence sometime during
adulthood, according to the National Coalition Against Domestic
Violence. The incidence is even higher for immigrant women,
especially those who are undocumented. Undocumented women live in
fear that if they report their abuse, they will be deported. This
bill ensures that no woman in New York State need fear ending her
abuse.


PRIOR LEGISLATIVE HISTORY:
This legislation was introduced in 2012 (S.7412) with
Assemblywoman Meng (A.10286)

FISCAL IMPLICATIONS:
None to the state.

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
________________________________________________________________________

                                   486

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the criminal procedure law, the social services law, the
  family court act, the penal law and the executive law, in relation  to
  maintaining  the  confidentiality of immigration status for victims of
  domestic violence

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

  Section  1.  Short  title. This act shall be known and may be cited as
"The New York State Violence Against Women Act".
  S 2. Subparagraph (ii) of paragraph (b) and paragraph (c) of  subdivi-
sion  4  of  section  140.10 of the criminal procedure law, subparagraph
(ii) of paragraph (b) as amended by chapter 107 of the laws of 2004  and
paragraph  (c)  as amended by chapter 4 of the laws of 1997, are amended
to read as follows:
  (ii) The respondent or defendant commits a family offense  as  defined
in  subdivision  one of section eight hundred twelve of the family court
act or subdivision one of section 530.11 of this chapter in violation of
such order of protection or special order of  conditions.    AN  OFFICER
MAKING  AN  ARREST  UNDER  THIS SUBPARAGRAPH SHALL NOT INQUIRE AS TO THE
IMMIGRATION STATUS OF THE PERSON FOR WHOM THE ORDER PROTECTS.   IF  SUCH
STATUS  IS  ASCERTAINED  AND  WOULD RESULT IN ADVERSE IMMIGRATION CONSE-
QUENCES TO SUCH PERSON, THE OFFICER SHALL NOT REPORT SUCH INFORMATION TO
ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
  (c) a misdemeanor constituting  a  family  offense,  as  described  in
subdivision  one  of  section  530.11  of this chapter and section eight
hundred twelve of the family court  act,  has  been  committed  by  such
person  against  such  family  or  household  member,  unless the victim
requests otherwise. The officer shall neither inquire as to whether  the
victim  seeks  an  arrest  of such person nor threaten the arrest of any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03020-01-3

S. 486                              2

person for the purpose of discouraging requests for police intervention.
THE OFFICER SHALL ALSO NOT INQUIRE AS TO THE IMMIGRATION STATUS  OF  THE
VICTIM;  NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH STATUS, REPORT SUCH
INFORMATION  TO  ANY  LOCAL,  STATE  OR  FEDERAL LAW ENFORCEMENT AGENCY.
Notwithstanding the foregoing, when an officer has reasonable  cause  to
believe that more than one family or household member has committed such
a  misdemeanor,  the officer is not required to arrest each such person.
In such circumstances, the officer shall attempt to identify and  arrest
the  primary  physical  aggressor after considering: (i) the comparative
extent of any injuries inflicted by and between the parties; (ii) wheth-
er any such person is threatening or has threatened future harm  against
another  party  or another family or household member; (iii) whether any
such person has a prior history of domestic violence  that  the  officer
can  reasonably ascertain; and (iv) whether any such person acted defen-
sively to protect himself or herself  from  injury.  The  officer  shall
evaluate each complaint separately to determine who is the primary phys-
ical  aggressor  and  shall  not  base  the decision to arrest or not to
arrest on the willingness of a person to testify  or  otherwise  partic-
ipate in a judicial proceeding.
  S 3.  Subdivision 2 of section 530.11 of the criminal procedure law is
amended by adding a new paragraph (j) to read as follows:
  (J) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
SHALL  BE  KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED TO ANY
LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
  S 4.  The criminal procedure law is amended by adding  a  new  section
2.25 to read as follows:
S 2.25 PROHIBITIONS ON LAW ENFORCEMENT AGENCIES AND PEACE OFFICERS.
  A  LAW  ENFORCEMENT  AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF
THE STATE OR A PEACE OFFICER MAY NOT INQUIRE AS TO  THE  NATIONALITY  OR
IMMIGRATION  STATUS  OF  A VICTIM OF OR WITNESS TO DOMESTIC VIOLENCE, AS
SUCH TERMS ARE DEFINED BY  SECTION  FOUR  HUNDRED  FIFTY-NINE-A  OF  THE
SOCIAL SERVICES LAW, EXCEPT AS NECESSARY TO INVESTIGATE THE OFFENSE, NOR
SHALL  SUCH  OFFICER  REPORT OR REFER SUCH STATUS TO ANY LOCAL, STATE OR
FEDERAL LAW ENFORCEMENT AGENCY.
  S 5.  Section 459-h of the social services law is amended by adding  a
new subdivision 3 to read as follows:
  3.    ALL INFORMATION RELATED TO A VICTIM OF DOMESTIC VIOLENCE'S IMMI-
GRATION STATUS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED FOR
ANY PURPOSE, INCLUDING SUCH INVESTIGATIONS THAT MAY BE CONDUCTED BY  ANY
LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY RELATING TO SAID INDIVID-
UAL'S IMMIGRATION STATUS.
  S  6.  Subdivision 2 of section 812 of the family court act is amended
by adding a new paragraph (h) to read as follows:
  (H) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
SHALL BE KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED  TO  ANY
LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
  S 7. The penal law is amended by adding a new section 70.11 to read as
follows:
S 70.11 SENTENCES  OF  IMPRISONMENT  FOR  DOMESTIC VIOLENCE; AGGRAVATING
          FACTORS.
  IN MATTERS DIVESTED TO A CRIMINAL COURT UNDER  SECTION  EIGHT  HUNDRED
TWELVE OF THE FAMILY COURT ACT, OR WHERE SUCH COURT EXERCISES CONCURRENT
JURISDICTION  UNDER  SUCH  SECTION AND IN MATTERS REFERRED TO A CRIMINAL
COURT UNDER ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, WHERE THE RESPOND-
ENT THREATENS TO EXPOSE A WITNESS OR A VICTIM'S  IMMIGRATION  STATUS  IN

S. 486                              3

ORDER  TO  COERCE  SUCH VICTIM OR WITNESS OR CONCEAL SUCH OFFENSE, SHALL
RESULT IN THE FOLLOWING ENHANCEMENT OF SUCH SENTENCE:
  (A)  FOR  OFFENSES COMMITTED UNDER SECTION 120.00 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
  (B) FOR OFFENSES COMMITTED UNDER SECTION 120.05 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
  (C)  FOR  OFFENSES COMMITTED UNDER SECTION 120.10 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
  (D) FOR OFFENSES COMMITTED UNDER SECTION 120.13 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
  (E)  FOR  OFFENSES COMMITTED UNDER SECTION 120.14 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
  (F) FOR OFFENSES COMMITTED UNDER SECTION 120.15 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
  (G)  FOR  OFFENSES COMMITTED UNDER SECTION 120.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
  (H) FOR OFFENSES COMMITTED UNDER SECTION 120.25 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
  (I)  FOR  OFFENSES COMMITTED UNDER SECTION 120.45 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
  (J) FOR OFFENSES COMMITTED UNDER SECTION 120.50 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
  (K)  FOR  OFFENSES COMMITTED UNDER SECTION 120.55 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
  (L) FOR OFFENSES COMMITTED UNDER SECTION 120.60 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
  (M)  FOR  OFFENSES COMMITTED UNDER SECTION 121.11 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
  (N) FOR OFFENSES COMMITTED UNDER SECTION 121.12 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
  (O)  FOR  OFFENSES COMMITTED UNDER SECTION 121.13 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS B FELONY;
  (P) FOR OFFENSES COMMITTED UNDER SECTION 130.25 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
  (Q)  FOR  OFFENSES COMMITTED UNDER SECTION 130.30 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
  (R) FOR OFFENSES COMMITTED UNDER SECTION 130.35 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
  (S)  FOR  OFFENSES COMMITTED UNDER SECTION 130.40 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
  (T) FOR OFFENSES COMMITTED UNDER SECTION 130.45 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
  (U)  FOR  OFFENSES COMMITTED UNDER SECTION 130.50 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
  (V) FOR OFFENSES COMMITTED UNDER SECTION 130.55 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
  (W)  FOR  OFFENSES COMMITTED UNDER SECTION 130.60 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
  (X) FOR OFFENSES COMMITTED UNDER SECTION 130.65 OF THIS  CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
  (Y) FOR OFFENSES COMMITTED UNDER SECTION 130.65-A OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
  (Z)  FOR  OFFENSES COMMITTED UNDER SECTION 130.66 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS C FELONY;
  (AA) FOR OFFENSES COMMITTED UNDER SECTION 130.67 OF THIS CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS B FELONY;

S. 486                              4

  (BB)  FOR OFFENSES COMMITTED UNDER SECTION 130.70 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
  (CC)  FOR OFFENSES COMMITTED UNDER SECTION 135.05 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
  (DD) FOR OFFENSES COMMITTED UNDER SECTION 135.10 OF THIS CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS D FELONY;
  (EE)  FOR OFFENSES COMMITTED UNDER SECTION 135.20 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS A FELONY;
  (FF) FOR OFFENSES COMMITTED UNDER SECTION 135.45 OF THIS CHAPTER,  THE
SENTENCE SHALL REFLECT A CLASS E FELONY;
  (GG)  FOR OFFENSES COMMITTED UNDER SECTION 135.50 OF THIS CHAPTER, THE
SENTENCE SHALL REFLECT A CLASS D FELONY.
  S 8. The executive law is amended by adding a new section 844 to  read
as follows:
  S  844.  INQUIRY INTO IMMIGRATION STATUS PROHIBITED IN CERTAIN CIRCUM-
STANCES. IN CONDUCTING AN INVESTIGATORY ACTIVITY,  INCLUDING  AN  INTER-
VIEW, INTO ANY INCIDENT OF DOMESTIC VIOLENCE, AS SUCH TERM IS DEFINED IN
ARTICLE  SIX-A OF THE SOCIAL SERVICES LAW, A LAW ENFORCEMENT AGENCY OR A
LAW ENFORCEMENT OFFICIAL SHALL NOT INQUIRE ABOUT  OR  SEEK  PROOF  OF  A
PERSON'S IMMIGRATION STATUS, NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH
STATUS, REFER OR REPORT ANY FINDINGS REGARDING SUCH STATUS TO ANY LOCAL,
STATE  OR  FEDERAL  LAW  ENFORCEMENT AGENCY. ANY INFORMATION OBTAINED IN
SUCH INVESTIGATORY ACTIVITY  REGARDING  A  PERSON'S  IMMIGRATION  STATUS
SHALL BE KEPT CONFIDENTIAL.
  S  9. This act shall take effect immediately, provided that the amend-
ments to subdivision 4 of section 140.10 of the criminal  procedure  law
made  by  section  two  of  this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.

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