senate Bill S5960

2013-2014 Legislative Session

Prohibits detention of individuals based only on the violation of federal immigration laws

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 finance
Oct 21, 2013 referred to rules

S5960 - Details

Law Section:
Executive Law
Laws Affected:
Add §844, Exec L

S5960 - Summary

Prohibits detention of individuals based only on the violation of federal immigration laws.

S5960 - Sponsor Memo

S5960 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5960

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            October 21, 2013
                               ___________

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

AN ACT to create the Dignity for Immigrants in New York State  Act;  and
  to amend the executive law, in relation to prohibiting state and local
  law  enforcement agencies from detaining individuals based only on the
  violation of federal immigration laws

  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 "Dignity
for Immigrants in New York State Act".
  S 2. The executive law is amended by adding a new section 844 to  read
as follows:
  S  844.  DETAINMENT  FOR  VIOLATION OF FEDERAL IMMIGRATION LAWS. A LAW
ENFORCEMENT AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
SHALL  NOT  DETAIN  PERSONS  OTHERWISE ELIGIBLE FOR RELEASE FROM CUSTODY
WHOSE ONLY VIOLATION OF LAW IS THAT THEY ARE PERSONS OF FOREIGN CITIZEN-
SHIP WHO HAVE ENTERED OR ARE RESIDING IN THE UNITED STATES IN  VIOLATION
OF FEDERAL IMMIGRATION LAWS IN TITLE 8 OF THE UNITED STATES CODE; UNLESS
SUCH PERSON HAS BEEN CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN
SECTION  70.02  OF THE PENAL LAW OR CONVICTED WITHIN THE PAST FIVE YEARS
OF ANY OF THE FOLLOWING MISDEMEANORS: 1. ASSAULT IN THE THIRD DEGREE  AS
DEFINED  IN SECTION 120.00 OF THE PENAL LAW; 2. RECKLESS ENDANGERMENT IN
THE SECOND DEGREE AS DEFINED IN SECTION 120.20  OF  THE  PENAL  LAW;  3.
SEXUAL  MISCONDUCT  AS  DEFINED  IN  SECTION 130.20 OF THE PENAL LAW; 4.
FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52  OF  THE  PENAL  LAW;  5.
SEXUAL  ABUSE  IN  THE SECOND DEGREE AS DEFINED IN SECTION 130.60 OF THE
PENAL LAW; 6. KILLING OR INJURING A POLICE ANIMAL AS DEFINED IN  SECTION
195.06  OF  THE  PENAL LAW; 7. HARMING AN ANIMAL TRAINED TO AID A PERSON
WITH A DISABILITY IN THE FIRST DEGREE AS DEFINED IN  SECTION  195.12  OF
THE  PENAL LAW; 8. UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS DEFINED
IN SECTION 135.05 OF THE PENAL LAW; 9.  ENDANGERING  THE  WELFARE  OF  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11921-05-3

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