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

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

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

S486 - Details

See Assembly Version of this Bill:
A5364
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 - 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

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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