Assembly Bill A5364

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 Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5364 (ACTIVE) - Details

See Senate Version of this Bill:
S486
Current Committee:
Assembly Codes
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 Other Legislative Sessions:
2011-2012: A10286, S7412
2015-2016: A72, S3189
2017-2018: A1225, S5211
2019-2020: S2925

2013-A5364 (ACTIVE) - 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.

2013-A5364 (ACTIVE) - Bill Text download pdf

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

                                  5364

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2013
                               ___________

Introduced  by M. of A. ROZIC -- read once and referred 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
person for the purpose of discouraging requests for police intervention.

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

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