NY State Senate Bill 2015-S6032B

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2016	referred to governmental operations delivered to assembly passed senate ordered to third reading cal.1958 committee discharged and committed to rules
Mar 08, 2016	print number 6032b
Mar 08, 2016	amend and recommit to finance
Jan 22, 2016	print number 6032a
Jan 22, 2016	amend and recommit to finance
Jan 11, 2016	reported and committed to finance
Jan 06, 2016	referred to veterans, homeland security and military affairs
Aug 12, 2015	referred to rules

Votes

- Jun 17, 2016 - Floor Vote
  S6032B
  
  Aye
  
  36
  
  Nay
  
  26
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 17, 2016
      
      aye (36)
      
      Akshar
      
      Amedore
      
      Bonacic
      
      Boyle
      
      Croci
      
      DeFrancisco
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kaminsky
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Venditto
      
      Young
      
      nay (26)
      
      Addabbo Jr.
      
      Avella
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Dilan
      
      Espaillat
      
      Gianaris
      
      Hamilton
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Klein
      
      Krueger
      
      Montgomery
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      excused (1)
      
      Diaz
  Jan 11, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote
  S6032B
  
  Aye
  
  7
  
  Nay
  
  3
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Jan 11, 2016
      
      aye (7)
      
      Amedore
      
      Croci
      
      Felder
      
      Golden
      
      Larkin
      
      Marchione
      
      Ortt
      
      nay (3)
      
      Comrie
      
      Sanders Jr.
      
      Serrano
      
      aye wr (3)
      
      Addabbo Jr.
      
      Carlucci
      
      Panepinto
  Jun 17, 2016 - Rules Committee Vote
  S6032B
  
  Aye
  
  13
  
  Nay
  
  9
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 17, 2016
      
      aye (13)
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Hannon
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Robach
      
      Seward
      
      nay (9)
      
      Breslin
      
      Carlucci
      
      Espaillat
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      Montgomery
      
      Parker
      
      Perkins
      
      aye wr (3)
      
      Dilan
      
      Stewart-Cousins
      
      Valesky

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2015-S6032 - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §709, Exec L; add §139-e, Gen Muni L

2015-S6032 - Summary

Relates to prohibiting sanctuary for illegal immigrants.

2015-S6032 - Sponsor Memo

                                BILL NUMBER:S6032

TITLE OF BILL:

An act to amend the executive law and the general municipal law, in
relation to creating the NY Cares Act

PURPOSE OR GENERAL IDEA OF BILL:

This bill, which shall be known as the New Yorkers Combating Alien
Recidivism and Ending Sanctuary (NY CARES) Act, prohibits local
governments and entities thereof, including sheriff's departments,
municipal police departments and district attorney's offices, from
adopting laws or policies which impede or interfere with the
enforcement of federal immigration laws.

SUMMARY OF SPECIFIC PROVISIONS:

Sections One adds a new paragraph (u) to subdivision 2 of section 709
of the Executive Law, relating to the powers and duties of the
Commissioner of the Division of Homeland Security and Emergency
Services. This new paragraph requires the commissioner to develop a
plan to ensure that no local government adopts any law or policy which
serves to impede or interfere with the enforcement of federal
immigration laws.

Section Two adds a new section 139-E to the general municipal law,
prohibiting a local government from adopting a law or policy which
interferes with the enforcement of federal immigration laws.

Section Three adds a severability clause.

Section Four provides that this act shall take effect immediately.

JUSTIFICATION:

According to the Federal Department of Homeland Security, in the past
four years alone 121 illegal aliens with criminal records, who were
released from deportation proceedings, were subsequently charged with
committing a murder after their release. That is more than one life
lost every two weeks. The July 2015 murder of Kate Steinle in San
Francisco is just the most recent example.

However well intentioned, it is clear that a non-cooperation policy,
or a "don't ask, don't tell" policy in relation to an individuals'
immigration status, puts lives at risk and should be abandoned. We
should not be providing sanctuary to those persons who have come here
illegally and have been arrested. These criminals should not be given
a chance to avoid deportation.

PRIOR LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

None to the State.


EFFECTIVE DATE:

This act shall take effect immediately.

2015-S6032 - Bill Text download pdf

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

                                  6032

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 12, 2015
                               ___________

Introduced   by  Sens.  CROCI,  DeFRANCISCO,  FARLEY,  GRIFFO,  LAVALLE,
  MARTINS, MURPHY, SEWARD, SKELOS -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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 FEDERAL IMMIGRATION LAWS.  1. IN ACCORDANCE WITH ARTICLES
NINE AND THIRTEEN OF THE CONSTITUTION OF THE STATE OF NEW YORK, NO COUN-
TY, CITY, TOWN OR VILLAGE, OR ANY AGENCY, OFFICE, DEPARTMENT OR AUTHORI-
TY  THEREOF,  INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPART-
MENT, 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
IMMIGRANTS OR IMMIGRATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11792-04-5

S. 6032                             2

  (B) THE ABILITY OF LAW ENFORCEMENT OFFICERS  TO  ASSIST  OR  COOPERATE
WITH  FEDERAL  IMMIGRATION OFFICIALS IN THE COURSE OF CARRYING OUT THEIR
ROUTINE LAW ENFORCEMENT DUTIES;
  (C)  THE USE OF LOCAL RESOURCES TO AID IN THE COMPLIANCE WITH AN IMMI-
GRATION DETAINER ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY;
  (D) A LAW ENFORCEMENT OFFICER FROM MAKING AN  INQUIRY  CONCERNING  THE
IMMIGRATION  STATUS  OF  A  LAWFULLY  DETAINED  INDIVIDUAL OR A LAWFULLY
ARRESTED INDIVIDUAL, AND/OR VERIFYING THE  IMMIGRATION  STATUS  OF  SUCH
INDIVIDUAL;
  (E)  THE  SHARING  OF  INFORMATION PERTAINING TO AN INDIVIDUAL'S IMMI-
GRATION STATUS WITH FEDERAL IMMIGRATION OFFICIALS; OR
  (F) THE ABILITY OF FEDERAL IMMIGRATION OFFICIALS TO ENTER AND  CONDUCT
ENFORCEMENT  ACTIVITIES  AT A MUNICIPAL OR COUNTY JAIL IN FURTHERANCE OF
THEIR DUTY TO ENFORCE FEDERAL IMMIGRATION 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.

co-Sponsors

View additional co-sponsors

2015-S6032A - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §709, Exec L; add §139-e, Gen Muni L

2015-S6032A - Summary

Relates to prohibiting sanctuary for illegal immigrants.

2015-S6032A - Sponsor Memo

                                 BILL NUMBER:  S6032A

 TITLE OF BILL :  An act to amend the executive law and the general
municipal law, in relation to creating the NY Cares Act

 PURPOSE OR GENERAL IDEA OF BILL :

This bill, which shall be known as the New Yorkers Combating Alien
Recidivism and Ending Sanctuary (NY CARES) Act, prohibits local
governments and entities thereof, including sheriff's departments,
municipal police departments and district attorney's offices, from
adopting laws or policies which impede or interfere with the
enforcement of federal homeland security laws.

 SUMMARY OF SPECIFIC PROVISIONS :

Sections One adds a new paragraph (u) to subdivision 2 of section 709
of the Executive Law, relating to the powers and duties of the
Commissioner of the Division of Homeland Security and Emergency
Services. This new paragraph requires the commissioner to develop a
plan to ensure that no local government adopts any law or policy which
serves to impede or interfere with the enforcement of federal homeland
security laws.

Section Two adds a new section 139-E to the general municipal law,
prohibiting a local government from adopting a law or policy which

interferes with the enforcement of federal homeland security laws.

Section Three adds a severability clause.

Section Four provides that this act shall take effect immediately.

 JUSTIFICATION :

According to the Federal Department of Homeland Security, in the past
four years alone 121 illegal aliens with criminal records, who were
released from deportation proceedings, were subsequently charged with
committing a murder after their release. That is more than one life
lost every two weeks. The July 2015 murder of Kate Steinle in San
Francisco is just the most recent example.

However well intentioned, it is clear that a non-cooperation policy,
or a "don't ask, don't tell" policy in relation to an individuals'
legal status, puts lives at risk and should be abandoned. We should
not be providing sanctuary to those persons who have come here
illegally and have been arrested. These criminals should not be given
a chance to avoid deportation.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6032A - Bill Text download pdf

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

                                 6032--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 12, 2015
                               ___________

Introduced by Sens. CROCI, DeFRANCISCO, FARLEY, GOLDEN, GRIFFO, LAVALLE,
  MARTINS, MURPHY, O'MARA, ORTT, SEWARD -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Rules --
  recommitted to the Committee on Veterans, Homeland Security and  Mili-
  tary  Affairs  in  accordance  with  Senate Rule 6, sec. 8 -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, 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,
OR DISTRICT ATTORNEY'S OFFICE, OR THE  GOVERNING  BOARD  THEREOF,  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11792-05-6

S. 6032--A                          2

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.

co-Sponsors

View additional co-sponsors

2015-S6032B (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Amd §709, Exec L; add §139-e, Gen Muni L

2015-S6032B (ACTIVE) - Summary

Relates to prohibiting sanctuary for illegal immigrants.

2015-S6032B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6032B

 TITLE OF BILL :

An act to amend the executive law and the general municipal law, in
relation to creating the NY Cares Act

 PURPOSE OR GENERAL IDEA OF BILL :

This bill, which shall be known as the New Yorkers Combating Alien
Recidivism and Ending Sanctuary (NY CARES) Act, prohibits local
governments and entities thereof, including sheriff's departments,
municipal police departments and district attorney's offices, from
adopting laws or policies which impede or interfere with the
enforcement of federal homeland security laws.

 SUMMARY OF SPECIFIC PROVISIONS :

Section One provides that this act shall be known as the NY CARES Act.

Sections Two adds a new paragraph (u) to subdivision 2 of section 709
of the Executive Law, relating to the powers and duties of the
Commissioner of the Division of Homeland Security and Emergency
Services. This new paragraph requires the commissioner to develop a
plan to ensure that no local government adopts any law or policy which
serves to impede or interfere with the enforcement of federal homeland

security laws.

Section Three adds a new section 139-E to the general municipal law,
prohibiting a local government from adopting a law or policy which
interferes with the enforcement of federal homeland security laws.

Section Four adds a severability clause.

Section Five provides that this act shall take effect immediately.

 JUSTIFICATION :

According to the Federal Department of Homeland Security, in the past
four years alone 121 illegal aliens with criminal records, who were
released from deportation proceedings, were subsequently charged with
committing a murder after their release. That is more than one life
lost every two weeks. The July 2015 murder of Kate Steinle in San
Francisco is just the most recent example.

However well intentioned, it is clear that a non-cooperation policy,
or a "don't ask, don't tell" policy in relation to an individuals'
legal status, puts lives at risk and should be abandoned. We should
not be providing sanctuary to those persons who have come here
illegally and have been arrested. These criminals should not be given
a chance to avoid deportation.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6032B (ACTIVE) - Bill Text download pdf

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

                                 6032--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 12, 2015
                               ___________

Introduced by Sens. CROCI, DeFRANCISCO, FARLEY, GOLDEN, GRIFFO, LAVALLE,
  MARTINS,  MURPHY,  NOZZOLIO,  O'MARA,  ORTT,  SEWARD -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules  --  recommitted to the Committee on Veterans, Homeland Security
  and Military Affairs in accordance with  Senate  Rule  6,  sec.  8  --
  reported  favorably from said committee and committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11792-08-6

S. 6032--B                          2

THEREOF,  INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE DEPARTMENT,
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 APPROPRIATION TO
OR FUNDING FOR 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.

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Senate Bill S6032B

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Jun 17, 2016 - Floor Vote

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