NY State Senate Bill 2015-S1304

Senate Bill S1304

2015-2016 Legislative Session

Prohibits state and local agencies from inquiring as to the immigration status of any person

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jan 09, 2015	referred to codes

2015-S1304 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Rights Law
Laws Affected:: Add §51-a, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5289
2017-2018: S589

2015-S1304 (ACTIVE) - Summary

Prohibits state and local agencies from inquiring as to the immigration status of any person.

2015-S1304 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1304

TITLE OF BILL:  An act to amend the civil rights law, in relation to
the confidentiality of immigration status

PURPOSE:  To codify that individuals seeking aid from government
entities, reporting crimes or acting as witnesses shall not face any
inquiry into their immigration status.

SUMMARY OF PROVISIONS:

Section 1 provides for confidentiality of an individual's immigration
status when dealing with government entity excepting when such
individual is charged with or convicted of a crime.

Section 2 establishes the effective date.

JUSTIFICATION:  The underreporting of crimes perpetrated against
immigrants is a societal problem of nearly epidemic proportions. A
recent study conducted by the University of Illinois at Chicago found
that 70% of undocumented Latino immigrants indicated that they would
neither file a police report after being the victim of a crime nor act
as a witness in a criminal case for fear of adverse immigration
consequences. Additionally, many immigrants are afraid to seek the
state's aid regarding issues from labor law violations to real estate
fraud. The depth and breath of the issue is perhaps best explained by

a policy report put out by the chiefs of major city police
departments:

"Immigration enforcement by local police would likely negatively
effect and undermine the level of trust and cooperation between local
police and immigrant communities. If the undocumented immigrant's
primary concern is that they will deported or subjected to an
immigration status investigation, then they will not come forward and
provide needed assistance and cooperation. Distrust and fear of
contacting and assisting the police would develop among legal
immigrants as well. Undoubtedly legal immigrants would avoid contact
with the police for fear that they themselves or undocumented family
members or friends may become subject to immigration enforcement.
Without assurances that contact with the police would not result in
purely civil immigration enforcement action, the hard won trust,
communication and cooperation from the immigrant community would
disappear. Such a divide between the local police and immigrant groups
would result in increased crime against immigrants and in the broader
community, create a class of silent victims and eliminate the
potential for assistance from immigrants in solving crimes or
preventing future terroristic acts."

This legislation will correct this unfortunate state of affairs by
codifying what is already the policy of most, if not all, municipal
and city government entities. It will make it clear that if you are an
immigrant in New York, you should have no fear about going to your
government for help or assisting them in solving a crime.

LEGISLATIVE HISTORY:  2013-2014: S.5289

FISCAL IMPLICATIONS: None to the state.


EFFECTIVE DATE:  This law shall take effect 30 days after it shall
have become law.

2015-S1304 (ACTIVE) - Bill Text download pdf

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

                                  1304

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

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

AN ACT to amend the civil rights law, in relation to the confidentiality
  of immigration status

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  civil  rights law is amended by adding a new section
51-a to read as follows:
  S 51-A. CONFIDENTIALITY OF IMMIGRATION STATUS. NO AGENCY OF THE  STATE
OR  OF  ANY  POLITICAL  SUBDIVISION OR PUBLIC AUTHORITY THEREOF, NOR ANY
OFFICER, EMPLOYEE OR AGENT THEREOF, SHALL INQUIRE AS TO  OR  RECORD  THE
IMMIGRATION  STATUS  OF ANY PERSON WHO SEEKS ANY FORM OF ASSISTANCE FROM
THE AGENCY OR REPORTS ANY OCCURRENCE TO THE AGENCY.  THE  PROVISIONS  OF
THIS  SECTION SHALL NOT APPLY TO ANY PERSON CHARGED WITH OR CONVICTED OF
A CRIME.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00433-01-5

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