senate Bill S3698

2017-2018 Legislative Session

Prohibits local government action which prevents the enforcement of federal laws

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2018 referred to governmental operations
Mar 21, 2018 delivered to assembly
passed senate
ordered to third reading cal.724
committee discharged and committed to rules
Jan 22, 2018 reported and committed to finance
Jan 03, 2018 referred to veterans, homeland security and military affairs
Mar 06, 2017 reported and committed to finance
Jan 25, 2017 referred to veterans, homeland security and military affairs

Votes

view votes

Mar 21, 2018 - Rules committee Vote

S3698
13
11
committee
13
Aye
11
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jan 22, 2018 - Veterans, Homeland Security and Military Affairs committee Vote

S3698
7
4
committee
7
Aye
4
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Jan 22, 2018

aye wr (2)

Mar 6, 2017 - Veterans, Homeland Security and Military Affairs committee Vote

S3698
6
3
committee
6
Aye
3
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Mar 6, 2017

Co-Sponsors

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S3698 - Details

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

S3698 - 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.

S3698 - Sponsor Memo

S3698 - 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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