|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S486
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S486 - Details
- See Assembly Version of this Bill:
- 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:
S486 - Summary
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.
S486 - Sponsor Memo
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
S486 - Bill Text download pdf
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.
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