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Senate Bill S3698

2017-2018 Legislative Session

Prohibits local government action which prevents the enforcement of federal laws

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Archive: Last Bill Status - In Assembly Committee

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2017-S3698 (ACTIVE) - Details

See Assembly Version of this Bill:
A2872
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §709, Exec L; add §139-e, Gen Muni L

2017-S3698 (ACTIVE) - Summary

Requires that local governments comply with a detainer request issued by a federal law enforcement agency; further requires that such local government not interfere with the ability of federal law enforcement officials to conduct enforcement activities at municipal or county jails in furtherance of their duty to enforce federal laws.

2017-S3698 (ACTIVE) - Sponsor Memo

2017-S3698 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3698
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by Sens. CROCI, AKSHAR, DeFRANCISCO, GOLDEN, MURPHY, O'MARA,
   ORTT, SEWARD -- read twice and ordered printed, and when printed to be
   committed to the Committee on Veterans, Homeland Security and Military
   Affairs
 
 AN ACT to amend the executive law and  the  general  municipal  law,  in
   relation  to  prohibiting  local  government action which prevents the
   enforcement of federal laws
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (u) of subdivision 2 of section 709 of the execu-
 tive law is relettered paragraph (v) and a new paragraph (u) is added to
 read as follows:
   (U) DEVELOP A PLAN, IN CONJUNCTION WITH THE STATE POLICE, TO DETERMINE
 WHETHER  A COUNTY, CITY, TOWN OR VILLAGE, ANY AGENCY, OFFICE, DEPARTMENT
 OR AUTHORITY THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE
 DEPARTMENT OR DISTRICT ATTORNEY'S  OFFICE  IS  IN  COMPLIANCE  WITH  THE
 REQUIREMENTS OF SECTION ONE HUNDRED THIRTY-NINE-E OF THE GENERAL MUNICI-
 PAL  LAW.  TOGETHER,  THE  COMMISSIONER  AND SUPERINTENDENT OF THE STATE
 POLICE SHALL COMPILE A LIST OF LOCAL GOVERNMENT ENTITIES THAT ARE DEEMED
 TO BE IN VIOLATION OF SECTION ONE HUNDRED THIRTY-NINE-E OF  THE  GENERAL
 MUNICIPAL  LAW.  THIS  LIST  SHALL  BE  UPDATED  MONTHLY,  AND  SHALL BE
 FORWARDED TO THE COMPTROLLER.
   § 2. The general municipal law is amended  by  adding  a  new  section
 139-e to read as follows:
   §  139-E.  PROHIBITION  AGAINST LOCAL GOVERNMENT ACTION PREVENTING THE
 ENFORCEMENT OF FEDERAL LAWS. 1. IN ACCORDANCE  WITH  ARTICLES  NINE  AND
 THIRTEEN  OF  THE CONSTITUTION, 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 BODY THEREOF, SHALL ADOPT ANY RULE,  ORDER,  ORDINANCE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09050-01-7

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