S T A T E O F N E W Y O R K
________________________________________________________________________
8552--B
2015-2016 Regular Sessions
I N A S S E M B L Y
October 30, 2015
___________
Introduced by M. of A. MURRAY, McDONOUGH, HAWLEY, DiPIETRO, LAWRENCE,
CROUCH, GRAF, NOJAY, TENNEY, RA, MALLIOTAKIS, LALOR -- Multi-Sponsored
by -- M. of A. McLAUGHLIN -- read once and referred to the Committee
on Governmental Operations -- recommitted to the Committee on Govern-
mental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the executive law and the general municipal law, in
relation to creating the NY Cares Act
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 as the New Yorkers Combating Alien
Recidivism and Ending Sanctuary Act and may be cited as the "NY Cares
Act".
S 2. Paragraph (u) of subdivision 2 of section 709 of the executive
law is relettered paragraph (v) and a new paragraph (u) is added to read
as follows:
(U) DEVELOP A PLAN TO ENSURE THAT ALL COUNTIES, CITIES, TOWNS AND
VILLAGES, AND ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF,
INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPARTMENT OR
DISTRICT ATTORNEY'S OFFICE ARE IN COMPLIANCE WITH THE REQUIREMENTS OF
SECTION ONE HUNDRED THIRTY-NINE-E OF THE GENERAL MUNICIPAL LAW.
S 3. The general municipal law is amended by adding a new section
139-e to read as follows:
S 139-E. PROHIBITION AGAINST LOCAL GOVERNMENT ACTION TO PREVENT
ENFORCEMENT OF CERTAIN FEDERAL LAWS. 1. IN ACCORDANCE WITH ARTICLES NINE
AND THIRTEEN OF THE CONSTITUTION OF THE STATE OF NEW YORK, NO COUNTY,
CITY, TOWN OR VILLAGE, OR ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORITY
THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPARTMENT,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11792-10-6
A. 8552--B 2
OR DISTRICT ATTORNEY'S OFFICE, OR THE GOVERNING BOARD THEREOF, SHALL
ADOPT ANY RULE, ORDER, ORDINANCE, LOCAL LAW OR POLICY, EITHER FORMALLY
OR INFORMALLY, PROHIBITING OR INHIBITING ONE OR MORE OF THE FOLLOWING:
(A) THE ENFORCEMENT OF LAWS OF THIS STATE OR FEDERAL LAWS RELATING TO
PERSONS ILLEGALLY IN THE COUNTRY;
(B) THE ABILITY OF LAW ENFORCEMENT OFFICERS TO ASSIST OR COOPERATE
WITH FEDERAL OFFICIALS IN THE COURSE OF CARRYING OUT THEIR ROUTINE LAW
ENFORCEMENT DUTIES;
(C) THE USE OF LOCAL RESOURCES TO AID IN THE COMPLIANCE WITH DETAINER
REQUESTS ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY;
(D) A LAW ENFORCEMENT OFFICER FROM MAKING AN INQUIRY CONCERNING THE
LAWFULNESS OF AN INDIVIDUAL'S PRESENCE IN THE COUNTRY IF THE INDIVIDUAL
IS LAWFULLY DETAINED OR LAWFULLY ARRESTED, AND/OR VERIFYING SUCH INDI-
VIDUAL IS LEGALLY IN THE COUNTRY;
(E) THE SHARING OF INFORMATION PERTAINING TO WHETHER THE LAWFULNESS OF
AN INDIVIDUAL'S PRESENCE IN THE COUNTRY WITH FEDERAL HOMELAND SECURITY
OFFICIALS; OR
(F) THE ABILITY OF FEDERAL HOMELAND SECURITY OFFICIALS TO ENTER AND
CONDUCT ENFORCEMENT ACTIVITIES AT A MUNICIPAL OR COUNTY JAIL IN FURTHER-
ANCE OF THEIR DUTY TO ENFORCE FEDERAL LAWS.
2. FOR PURPOSES OF THIS SECTION, A PERSON SHALL NOT BE CONSIDERED TO
BE LAWFULLY DETAINED IF SUCH PERSON IS: (A) THE VICTIM OF A CRIME; (B) A
COOPERATING WITNESS RELATING TO A CRIME; OR (C) REPORTING A CRIME, CRIM-
INAL ACTIVITY, OR A PLANNED OR ACTUAL ACT OF TERRORISM.
3. (A) NO STATE FUNDING SHALL BE APPROPRIATED OR DISBURSED TO ANY
COUNTY, CITY, TOWN OR VILLAGE, OR ANY AGENCY, OFFICE, DEPARTMENT OR
AUTHORITY THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE
DEPARTMENT OR DISTRICT ATTORNEY'S OFFICE, DETERMINED TO BE IN WILFUL
VIOLATION OF THIS SECTION.
(B) THE COMPTROLLER SHALL, PRIOR TO THE DISBURSEMENT OR DELIVERY OF
ANY STATE OR FEDERAL FUNDS, TO A COUNTY, CITY, TOWN OR VILLAGE, OR ANY
AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF, REQUIRE THAT THE CHIEF
ELECTED OFFICER OF SUCH COUNTY, CITY, TOWN OR VILLAGE PROVIDE VERIFICA-
TION, SIGNED UNDER PENALTIES OF PERJURY BY SUCH CHIEF ELECTED OFFICER,
THAT SUCH COUNTY, CITY, TOWN OR VILLAGE IS IN COMPLIANCE WITH THIS
SECTION.
4. THIS SECTION SHALL NOT BE DEEMED TO APPLY TO ANY SCHOOL DISTRICT,
CHARTER SCHOOL, OR MUNICIPAL HEALTH SERVICE FACILITY.
S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
S 5. This act shall take effect immediately.