NY State Senate Bill S3698

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 - floor Vote

S3698

floor

Aye

Nay

Absent

Excused

Abstained

Mar 21, 2018 - Rules committee Vote

S3698

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

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

S3698

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Veterans, Homeland Security and Military Affairs committee vote details

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

aye (7)

nay (4)

aye wr (2)

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

S3698

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Veterans, Homeland Security and Military Affairs committee vote details

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

aye (6)

nay (3)

aye wr (4)

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

 BILL NUMBER:  S3698

 TITLE OF BILL :  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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill 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 execution of federal detention requests.

 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 and of the superintendent of the state police. This new
paragraph requires the commissioner, in conjunction with the
superintendent of the state police, to develop a list of local
governments and entities thereof which have local laws or policies
which serve to impede or interfere with the enforcement of federal
detention requests.

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 any federal detention requests with
certain exceptions aimed at protecting victims of a crime, witnesses
to a crime, children attending school and persons utilizing the
services of a municipal hospital. Violations of this section will
result in the withholding of state funding.

Section Three is the severability clause.

Section Four provides that this act shall take effect immediately.

 JUSTIFICATION :

However well intentioned, it is clear that local policies of
non-cooperation with federal detention requests puts innocent lives at
risk and should be abandoned. Our local law enforcement agencies
should not be providing sanctuary to any person who is in their
custody, who is also the subject of a detention order issued by any
federal law enforcement agency. Further, local governments should not
be picking and choosing which federal laws or agencies that they wish
to cooperate with, and those which they wish to obstruct.

 PRIOR LEGISLATIVE HISTORY :

Similar to S6032 of 2015/16: Passed in the Senate

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

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

S. 3698                             2

LOCAL  LAW  OR  POLICY,  EITHER  FORMALLY  OR INFORMALLY, PROHIBITING OR
INHIBITING THE FOLLOWING:
  (A)  THE  COMPLIANCE  WITH  A DETAINER REQUEST ISSUED BY A FEDERAL LAW
ENFORCEMENT AGENCY, PERTAINING TO AN INDIVIDUAL LAWFULLY DETAINED BY THE
LOCAL GOVERNMENT ENTITY; OR
  (B) THE ABILITY OF FEDERAL LAW  ENFORCEMENT  OFFICIALS  TO  ENTER  AND
CONDUCT  ENFORCEMENT ACTIVITIES AT A MUNICIPAL OR COUNTY JAIL, IN FURTH-
ERANCE OF THEIR DUTY TO ENFORCE FEDERAL LAWS.
  2. FOR PURPOSES OF THIS SECTION, A "FEDERAL  LAW  ENFORCEMENT  AGENCY"
INCLUDES THE:
  (A) UNITED STATES CENTRAL INTELLIGENCE AGENCY,
  (B) UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
  (C) UNITED STATES DEPARTMENT OF JUSTICE,
  (D) UNITED STATES DRUG ENFORCEMENT ADMINISTRATION,
  (E) FEDERAL AIR MARSHAL SERVICE,
  (F) FEDERAL BUREAU OF INVESTIGATION,
  (G) FEDERAL EMERGENCY MANAGEMENT AGENCY,
  (H) FEDERAL PROTECTIVE SERVICE,
  (I) UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT,
  (J) NATIONAL PARK SERVICE,
  (K) UNITED STATES SECRET SERVICE,
  (L) TRANSPORTATION SECURITY ADMINISTRATION,
  (M) UNITED STATES COAST GUARD,
  (N) UNITED STATES CUSTOMS AND BORDER PROTECTION, AND
  (O) UNITED STATES MARSHALS.
  3.  (A)  A  PERSON  SHALL NOT BE CONSIDERED TO BE LAWFULLY DETAINED IF
SUCH CONTACT WITH LAW ENFORCEMENT IS FOR  THE  PURPOSE  OF  REPORTING  A
CRIME  OR  SUSPECTED CRIMINAL ACTIVITY, OR WHEN THE PURPOSE IS TO ASSIST
LAW ENFORCEMENT WITH AN INVESTIGATION.
  (B) THIS SECTION SHALL NOT  APPLY  TO  ANY  SCHOOL  DISTRICT,  CHARTER
SCHOOL OR MUNICIPAL HEALTH SERVICES FACILITY.
  4.  (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  VIOLATION
OF THIS SECTION, PURSUANT TO PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION
SEVEN HUNDRED NINE OF THE EXECUTIVE LAW.
  (B)  THE  COMPTROLLER  SHALL, PRIOR TO THE DISBURSEMENT OR DELIVERY OF
ANY STATE FUNDS, TO A COUNTY, CITY, TOWN  OR  VILLAGE,  OR  ANY  AGENCY,
OFFICE, DEPARTMENT OR AUTHORITY THEREOF, VERIFY THAT THE RECEIVING ENTI-
TY  HAS  NOT  BEEN  DETERMINED  TO  BE  IN VIOLATION OF THIS SECTION, IN
ACCORDANCE WITH THE MOST RECENT LISTING RECEIVED PURSUANT  TO  PARAGRAPH
(U)  OF  SUBDIVISION  TWO OF SECTION SEVEN HUNDRED NINE OF THE EXECUTIVE
LAW.
  § 3. If any clause, sentence, paragraph, subdivision, 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.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S3698

Sponsored By

Current Bill Status - Passed Senate

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Votes

Mar 21, 2018 - floor Vote

Floor Vote: Mar 21, 2018

Mar 21, 2018 - Rules committee Vote

Rules Committee Vote: Mar 21, 2018

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

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

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

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

Co-Sponsors

S3698 - Details

S3698 - Summary

S3698 - Sponsor Memo

S3698 - Bill Text download pdf

Comments

senate Bill S3698

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Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 21, 2018 - floor Vote

Floor Vote: Mar 21, 2018

Mar 21, 2018 - Rules committee Vote

Rules Committee Vote: Mar 21, 2018

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

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

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

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

Co-Sponsors

S3698 - Details

S3698 - Summary

S3698 - Sponsor Memo

S3698 - Bill Text download pdf

Comments