NY State Senate Bill S4075A

Archive: Last Bill Status - In Senate Committee Finance Committee

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In Committee
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view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance
Feb 06, 2017	print number 4075a
Feb 06, 2017	amend and recommit to finance
Feb 02, 2017	referred to finance

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S4075 - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 15-AA §§319 - 319-h, Exec L; amd §35, Judy L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1424
2021-2022: S1357
2023-2024: S257

S4075 - Summary

Relates to providing access to services, law enforcement and counsel in certain immigration related matters.

S4075 - Sponsor Memo

 BILL NUMBER:  S4075

 TITLE OF BILL :  An act to amend the executive law and the judiciary
law, in relation to access to services, law enforcement and counsel in
certain immigration related matters; and to amend the judiciary law,
in relation to compensation of legal counsel for certain matters

 SUMMARY OF PROVISIONS :

The executive law is amended to add a new article 15-AA regarding
relations with immigrant communities and detention of certain persons.
This new article would:

*establish definitions;

*ensure that people are not unnecessarily questioned about immigration
status when seeking state or local services, benefits or assistance;

*establish that state or local law enforcement agencies shall not
stop, question, investigate or arrest a person based on perceived
immigration status or suspected violation of federal immigration law;

*generally prohibit law enforcement agencies from inquiring about the
immigration status of persons contacting such agencies when in need of
assistance, including victims and witnesses;

*require state and local agencies, employees, and health care
providers to maintain the confidentiality of immigration status
information, unless acting in accordance with 8 U.S.C. § 1373, and
other information absent valid consent of the individual;

*prohibit the detention of individuals based on
administratively-issued immigration detainers and require notification
to an individual if an immigration warrant or related request has been
filed;

*curtail the use of state and local facilities for the purposes of
federal immigration enforcement;

*establish a right to legal representation for persons subject to
removal or deportation proceedings (the bill also amends Judiciary Law
35 for this purpose);

*prohibit state and local agencies from expending resources to assist
the federal government in the creation or maintenance of any database
or registry based on race, color, creed, gender, sexual orientation,
religion, or national or ethnic origin.

 JUSTIFICATION :

Regrettably, some persons in New York State are reluctant to interact
with state and local agencies out of fear or mistrust. Regardless of
individual immigration status, these persons are concerned with
possible immigration-related consequences for themselves or family
members upon interacting with law enforcement or other agencies that
provide vital services and benefits. While much of immigration law is
established at the federal level, there are policies that can be
enacted by New York to ensure that persons are not stereotyped,
profiled or deterred from accessing services for which they may be
eligible.

This bill, therefore, includes various measures designed to encourage
cooperation and foster positive relations between agency officials and
individuals in our state. Consistent with constitutional principles,
the bill would prohibit New York state and local law enforcement
officials from acting based on suspected federal immigration status or
suspected violation of U.S. immigration law, and would prohibit these
officials from performing immigration-related duties that are
designated by law for federal immigration officials. This would
include a prohibition on access and use of state and local
governmental facilities, such as jails and detention centers, for the
purpose of immigration inquiries, absent request of the individual.

People in New York should not be afraid to report crime to the police
or seek emergency health care. A victim of domestic violence, for
example, or pedestrian injured by an automobile, should be able to
seek help without fear of repercussions. This bill would limit the
collection of unnecessary information concerning immigration status in
these circumstances and others. State and local officials may, in some
circumstances, be required by federal law to respond to certain
requests regarding immigration status, but federal law does not
require that other personal information be shared.

This bill also addresses when a civil immigration warrant would be
given effect by state and local law correctional authorities. A civil
immigration warrant, issued by an agency and not a judge, is a request
by a federal immigration agency for temporary detention of an
individual. This bill would allow detention based on such a civil
administrative warrant when the individual named therein has been
convicted of a class A felony or violent felony offense and there is
documented probable cause to believe the person illegally re-entered
the United State after a previous removal, or is listed in the
national terrorist screening database, or if a judicial warrant has
been issued. California, Connecticut, Illinois and the cities of
Philadelphia and New York, for example, have similar laws or executive
orders in place.

The bill would also help assure due process by providing a right to
assigned legal counsel for immigrants in New York who are unable to
afford counsel, and who are subject to removal or deportation
proceedings.

The bill complies with federal law and also sets forth
constitutionally-permissible state and local procedures that will help
assure fair and just treatment for all persons in New York State.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Not known at this time.

 EFFECTIVE DATE :
This act shall take effect immediately.

S4075 - Bill Text download pdf


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

                                  4075

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 2, 2017
                               ___________

Introduced  by Sens. SERRANO, HOYLMAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Finance

AN ACT to amend the executive law and the judiciary law, in relation  to
  access to services, law enforcement and counsel in certain immigration
  related  matters;  and  to  amend  the  judiciary  law, in relation to
  compensation of legal counsel for certain matters

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

  Section 1.  The executive law is amended by adding a new article 15-AA
to read as follows:
                              ARTICLE 15-AA
  ACCESS TO SERVICES AND LAW ENFORCEMENT IN CERTAIN IMMIGRATION RELATED
                                 MATTERS
SECTION 319.    DEFINITIONS.
        319-A.  ACCESS TO SERVICES, ASSISTANCE AND ELIGIBLE BENEFITS.
        319-B.  FEDERAL  AGENCIES  TO  INVESTIGATE  AND  ENFORCE FEDERAL
                  IMMIGRATION LAWS.
        319-C.  CONFIDENTIALITY OF INFORMATION.
        319-D.  CUSTODY OF CERTAIN PERSONS: BAIL AND  RELATED  PRE-TRIAL
                  ISSUES.
        319-E.  CIVIL IMMIGRATION WARRANTS.
        319-F.  LIMITATION ON USE OF CERTAIN FACILITIES.
        319-G.  LEGAL REPRESENTATION.
        319-H.  PROHIBITION ON CERTAIN DATABASES AND REGISTRIES.
§  319.  DEFINITIONS.  FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
AND PHRASES SHALL BE DEFINED AS FOLLOWS:
  1. "AGENCY" SHALL MEAN  ANY  STATE  OR  MUNICIPAL  DEPARTMENT,  BOARD,
BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
RATION,  COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING A
GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OR ANY  ONE  OR  MORE
MUNICIPALITIES THEREOF.

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

                                                           LBD09294-02-7

S. 4075                             2

  2.  "AGENT"  SHALL  MEAN  ANY OFFICER, OFFICIAL, EMPLOYEE OR VOLUNTEER
WORKING FOR, EMPLOYED BY OR PROVIDING ASSISTANCE TO AN AGENCY.
  3.  "CIVIL  IMMIGRATION  WARRANT" SHALL MEAN AN ADMINISTRATIVE REQUEST
FOR DETENTION ISSUED PURSUANT TO 8 C.F.R. § 287.7 OR ANY SIMILAR REQUEST
ISSUED BY AN AGENCY OR AGENT OF THE UNITED STATES FOR THE DETENTION OF A
PERSON SUSPECTED OF VIOLATING THE IMMIGRATION LAW OF THE UNITED STATES.
  4. "FEDERAL IMMIGRATION AUTHORITY" SHALL MEAN ANY OFFICER, EMPLOYEE OR
PERSON OTHERWISE PAID BY OR ACTING AS AN  AGENT  OF  THE  UNITED  STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION THEREOF OR ANY OTHER
OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY OR ANY  OTHER  FEDERAL
ENTITY  WHO IS CHARGED WITH ENFORCEMENT OF THE PROVISIONS OF ANY FEDERAL
IMMIGRATION LAW.
  5. "HEALTH CARE PROVIDER" SHALL MEAN A HEALTH CARE PROVIDER AS DEFINED
IN SUBDIVISION SIX OF SECTION TWO HUNDRED  THIRTY-EIGHT  OF  THE  PUBLIC
HEALTH LAW.
  6. "IMMIGRATION STATUS" OR "IMMIGRATION STATUS INFORMATION" SHALL MEAN
IMMIGRATION  STATUS, LAWFUL OR UNLAWFUL, OF AN INDIVIDUAL UNDER THE LAWS
AND REGULATIONS OF THE UNITED STATES OF AMERICA.
  7. "JUDICIAL WARRANT" SHALL MEAN A WARRANT BASED ON PROBABLE CAUSE AND
ISSUED BY A JUDGE SERVING PURSUANT TO ARTICLE THREE OF THE UNITED STATES
CONSTITUTION OR A FEDERAL MAGISTRATE JUDGE SERVING BY APPOINTMENT PURSU-
ANT TO 28 U.S.C.  § 631, THAT AUTHORIZES A FEDERAL IMMIGRATION AUTHORITY
TO TAKE INTO CUSTODY A PERSON WHO IS THE SUBJECT OF SUCH WARRANT.
  8. "LAW ENFORCEMENT AGENCY" SHALL MEAN ANY AGENCY THAT IS EMPOWERED BY
LAW TO CONDUCT AN INVESTIGATION  OR  MAKE  AN  ARREST  FOR  A  CRIME  OR
OFFENSE, OR ANY AGENCY THAT IS AUTHORIZED BY LAW TO PROSECUTE OR PARTIC-
IPATE IN THE PROSECUTION OF A CRIME OR OFFENSE, OR ANY AGENCY AUTHORIZED
BY  LAW  TO JAIL, DETAIN OR IMPRISON A PERSON UNDER COLOR OF LAW, OR ANY
AGENCY EMPLOYING A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR
OF SECTION 1.20 OF THE CRIMINAL  PROCEDURE  LAW  OR  PEACE  OFFICER,  AS
DEFINED  IN  SUBDIVISION  THIRTY-THREE  OF  SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW.
  9. "TERRORIST SCREENING DATABASE" SHALL MEAN THE UNITED STATES TERROR-
IST WATCH LIST DATABASE LAWFULLY MAINTAINED BY THE  TERRORIST  SCREENING
CENTER OF THE GOVERNMENT OF THE UNITED STATES.
  §  319-A.  ACCESS TO SERVICES, ASSISTANCE AND ELIGIBLE BENEFITS. 1. NO
STATE OR LOCAL AGENCY, OR AGENT THEREOF, OR  HEALTH  CARE  PROVIDER  MAY
MAKE  ANY  INQUIRY  OR RECORD ANY INFORMATION CONCERNING THE IMMIGRATION
STATUS OF A PERSON WHO IS SEEKING ASSISTANCE, SERVICES OR  BENEFITS  FOR
HIMSELF, HERSELF, OR A FAMILY OR HOUSEHOLD MEMBER AS DEFINED IN SUBDIVI-
SION TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW
OR  FOR  ANY OTHER POTENTIAL BENEFICIARY OF SUCH ASSISTANCE, SERVICES OR
BENEFITS.
  2. NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT  THEREOF,  SHALL
MAKE  ANY  INQUIRY  OR RECORD ANY INFORMATION CONCERNING THE IMMIGRATION
STATUS OF A PERSON WHO CONTACTS, APPROACHES OR ASKS FOR OR IS IN NEED OF
THE ASSISTANCE OF A LAW ENFORCEMENT AGENCY.
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
SECTION,  LIMITED  INQUIRY  AND RECORDING OF SUCH INFORMATION CONCERNING
THE RELEVANT PERSON MAY BE MADE WHEN, AS DOCUMENTED WITH SPECIFICITY  IN
SUCH  AGENCY,  EMPLOYEE OR AGENT'S OR HEALTH CARE PROVIDER'S CASE RECORD
OF THE MATTER, SUCH PERSON'S IMMIGRATION STATUS IS:
  (A) DIRECTLY RELEVANT AS A LAWFUL CRITERION FOR SUCH  PERSON'S  ELIGI-
BILITY FOR THE SPECIFIC MODE OF ASSISTANCE, SERVICES OR BENEFITS SOUGHT;

S. 4075                             3

  (B)  DIRECTLY AND HIGHLY RELEVANT TO THE SUBJECT MATTER OF A SPECIFIC,
ONGOING LAW ENFORCEMENT INVESTIGATION ENGAGED IN BY SUCH STATE OR  LOCAL
LAW ENFORCEMENT AGENCY OR AGENT THEREOF;
  (C) SPECIFICALLY REQUIRED TO BE OBTAINED BY SUCH AGENCY OR AGENT THER-
EOF, OR HEALTH CARE PROVIDER, BY STATE OR FEDERAL LAW;
  (D) REQUESTED BY A HEALTH CARE PROVIDER FOR THE BENEFIT OF THE PERSON,
INCLUDING BUT NOT LIMITED TO THE REFERRAL OF SUCH PERSON TO BENEFITS AND
SERVICES  THEY MAY BE ELIGIBLE FOR, PROVIDED THAT THE IMMIGRATION STATUS
OF SUCH PERSON SHALL NOT BE DOCUMENTED IN ANY MEDICAL RECORD  AND  SHALL
NOT BE DISCLOSED FOR ANY PURPOSE; OR
  (E)  REQUESTED  FOR  THE  BENEFIT  OF THE PERSON BY THE OFFICE FOR NEW
AMERICANS ESTABLISHED PURSUANT TO SECTION NINETY-FOUR-B OF THIS CHAPTER,
THE BUREAU OF REFUGEE AND IMMIGRATION ASSISTANCE WITHIN  THE  OFFICE  OF
TEMPORARY AND DISABILITY ASSISTANCE, OR ANY OTHER SIMILAR AGENCY THAT IS
ASSISTING  SUCH  PERSON  IN MATTERS RELATED TO SUCH PERSON'S IMMIGRATION
STATUS, PROVIDED THAT THE STATUS OF SUCH PERSON SHALL NOT  BE  DISCLOSED
FOR ANY PURPOSE.
  4.  IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
OR TRANSLATION SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON  NOT  PROFI-
CIENT  IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO THIS
SECTION SHALL BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL  AND  QUALIFIED
INTERPRETER  OR  TRANSLATOR,  AS  THE  CASE MAY BE, WITH RESPECT TO SUCH
INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH PERSON.
  § 319-B. FEDERAL AGENCIES TO INVESTIGATE  AND  ENFORCE  FEDERAL  IMMI-
GRATION  LAWS.  1.  NO  STATE  OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT
THEREOF, SHALL STOP, QUESTION, INTERROGATE,  INVESTIGATE  OR  ARREST  AN
INDIVIDUAL FOR ANY OF THE FOLLOWING:
  (A)   SUSPECTED   UNITED  STATES  IMMIGRATION  OR  CITIZENSHIP  STATUS
VIOLATION;
  (B) SUSPECTED CIVIL VIOLATION OF THE UNITED STATES IMMIGRATION LAW  OR
AUTHORIZED REGULATIONS; OR
  (C) A CIVIL IMMIGRATION WARRANT.
  2.  NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, NOR AGENT THEREOF, SHALL
MAKE ANY INQUIRY OR RECORD ANY INFORMATION  CONCERNING  THE  IMMIGRATION
STATUS  OF  AN  INDIVIDUAL WHO CONTACTS, APPROACHES OR ASKS FOR OR IS IN
NEED OF THE ASSISTANCE OF A LAW ENFORCEMENT AGENCY, EXCEPT TO THE EXTENT
NECESSARY AND AUTHORIZED PURSUANT TO THIS ARTICLE.
  3. NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT  THEREOF,  SHALL
PERFORM  THE FUNCTION OF OR BE CROSS-DESIGNATED AS A FEDERAL IMMIGRATION
OFFICER OR OTHERWISE ENGAGE OR SIGNIFICANTLY ASSIST IN  THE  ENFORCEMENT
OF FEDERAL IMMIGRATION LAW, PURSUANT TO 8 U.S.C. § 1357 (G) OR ANY OTHER
FEDERAL  LAW.  NOTHING  IN THIS SUBDIVISION SHALL PREVENT DETENTION OF A
PERSON IN ACCORDANCE WITH AND TO THE EXTENT PERMITTED BY  SECTION  THREE
HUNDRED NINETEEN-E OF THIS ARTICLE.
  4.  IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
OR TRANSLATION SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON  NOT  PROFI-
CIENT  IN  THE  ENGLISH  LANGUAGE,  TO  WHOM INQUIRY IS MADE PURSUANT TO
SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE ENTITLED TO THE  ASSIST-
ANCE  OF  A NEUTRAL AND QUALIFIED INTERPRETER OR TRANSLATOR, AS THE CASE
MAY BE, WITH RESPECT TO SUCH INQUIRY, PROVIDED AT NO COST OR EXPENSE  TO
SUCH PERSON.
  § 319-C. CONFIDENTIALITY OF INFORMATION. UNLESS DISCLOSURE IS REQUIRED
BY  A LAWFUL COURT ORDER, NO STATE OR LOCAL AGENCY, OR EMPLOYEE OR AGENT
THEREOF, OR HEALTH CARE PROVIDER OR STATE OR LOCAL LAW ENFORCEMENT AGEN-
CY, OR AGENT THEREOF, SHALL PROVIDE TO A FEDERAL  IMMIGRATION  AUTHORITY
ANY  INFORMATION  COLLECTED  OR  OBTAINED  WITH  RESPECT  TO A PERSON IN

S. 4075                             4

ACCORDANCE WITH THIS ARTICLE OR OTHERWISE, INCLUDING BUT NOT LIMITED  TO
HOME, WORK OR SCHOOL ADDRESS, EXCEPT THAT:
  1.  IMMIGRATION  STATUS  INFORMATION SHALL BE PROVIDED IF REQUESTED BY
SUCH FEDERAL IMMIGRATION AUTHORITY AND REQUIRED TO BE PROVIDED TO IT  IN
ACCORDANCE WITH 8 U.S.C. 1373 OR ANOTHER CONTROLLING FEDERAL LAW;
  2. THE DIVISION OF CRIMINAL JUSTICE SERVICES OR A QUALIFIED AGENCY, AS
DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS
CHAPTER,  MAY  PROVIDE CRIMINAL HISTORY INFORMATION, AS DEFINED IN PARA-
GRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  FORTY-FIVE-B  OF
THIS  CHAPTER,  WHEN LAWFULLY REQUESTED ABOUT A SPECIFIC PERSON AND SUCH
DISCLOSURE IS PERMITTED BY STATE LAW;
  3. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS  SECTION,  A  HEALTH
CARE  PROVIDER  MAY  PROVIDE  TO A FEDERAL IMMIGRATION AUTHORITY MEDICAL
RECORD INFORMATION, NOT INCLUDING IMMIGRATION STATUS  INFORMATION,  WITH
THE  CONSENT OF THE SUBJECT OF SUCH MEDICAL RECORD INFORMATION, PROVIDED
IN ACCORDANCE WITH THE PUBLIC HEALTH LAW; AND
  4. A STATE OR LOCAL AGENCY, OR EMPLOYEE OR AGENT  THEREOF,  OR  HEALTH
CARE  PROVIDER OR STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THERE-
OF, MAY PROVIDE SUCH INFORMATION, OTHER THAN THE  INFORMATION  DESCRIBED
IN  SUBDIVISION ONE OF THIS SECTION, CONCERNING AN INDIVIDUAL, INCLUDING
BUT NOT LIMITED TO PHYSICAL  OR  PSYCHOLOGICAL  DISABILITY  INFORMATION,
STATUS  AS  A  VICTIM OF OR WITNESS TO SUSPECTED CRIMINAL ACTIVITY, HOME
ADDRESS, WORK ADDRESS, AND/OR STATUS AS AN  APPLICANT  OR  RECIPIENT  OF
PUBLIC  ASSISTANCE, ONLY WITH INFORMED WRITTEN CONSENT OF THE INDIVIDUAL
AND, IF REPRESENTED BY COUNSEL, WRITTEN AUTHORIZATION BY SUCH ATTORNEY.
  § 319-D. CUSTODY  OF  CERTAIN  PERSONS:  BAIL  AND  RELATED  PRE-TRIAL
ISSUES.  1.    EXCEPT AS PROVIDED IN SECTION THREE HUNDRED NINETEEN-E OF
THIS ARTICLE, NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT  THERE-
OF,  OR COURT SHALL DELAY OR DENY RELEASE OF A PERSON ON RECOGNIZANCE OR
BAIL, PURSUANT TO ARTICLE FIVE HUNDRED THIRTY OF THE CRIMINAL  PROCEDURE
LAW  OR  OTHERWISE,  ON  THE BASIS OF THE PERSON'S IMMIGRATION STATUS, A
CIVIL IMMIGRATION WARRANT, OR A FEDERAL IMMIGRATION AUTHORITY'S  REQUEST
FOR  NOTIFICATION  ABOUT,  TRANSFER  OF,  DETENTION  OF, OR INTERVIEW OR
INTERROGATION OF SUCH PERSON.
  2. UPON RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY OF A CIVIL  IMMI-
GRATION  WARRANT,  OR  A  REQUEST FOR TRANSFER, NOTIFICATION, INTERVIEW,
INTERROGATION OR OTHER REQUEST, A STATE OR LOCAL LAW ENFORCEMENT AGENCY,
OR AGENT THEREOF, SHALL PROMPTLY NOTIFY THE PERSON WHO IS THE SUBJECT OF
SUCH WARRANT OR REQUEST, PROVIDE A COPY OF SUCH WARRANT  OR  REQUEST  TO
SUCH  PERSON, AS THE CASE MAY BE, AND INFORM SUCH PERSON OF THE RIGHT TO
COUNSEL PROVISIONS OF SECTION THREE HUNDRED NINETEEN-G OF THIS  ARTICLE,
AND,  INFORM  SUCH  PERSON,  REASONABLY  IN ADVANCE OF RESPONDING TO THE
FEDERAL IMMIGRATION AUTHORITY, AS TO WHETHER OR NOT SUCH AGENCY  INTENDS
TO COMPLY WITH SUCH WARRANT OR REQUEST.
  3. A PERSON IN THE CUSTODY OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY,
OR  AGENT  THEREOF,  SHALL  BE  SUBJECT TO BOOKING, PROCESSING, RIGHT TO
COUNSEL, RELEASE AND TRANSFER PROCEDURES, POLICIES AND PRACTICES OF THAT
AGENCY THAT ARE AT LEAST AS PROTECTIVE OF  INDIVIDUAL  RIGHTS  AS  OTHER
PERSONS  IN  SUCH AGENCY'S CUSTODY, REGARDLESS OF THE PERSON'S ACTUAL OR
SUSPECTED IMMIGRATION STATUS.
  § 319-E. CIVIL IMMIGRATION WARRANTS. 1. A STATE OR LOCAL LAW  ENFORCE-
MENT AGENCY, OR AGENT THEREOF, LAWFULLY HOLDING A PERSON IN ITS CUSTODY,
MAY  THEREAFTER  DETAIN SUCH PERSON SOLELY ON THE BASIS OF A CIVIL IMMI-
GRATION WARRANT, FOR A SINGLE PERIOD  NOT  EXCEEDING  FORTY-EIGHT  HOURS
EXCLUDING  WEEKENDS AND HOLIDAYS, BEYOND THE TIME WHEN SUCH PERSON WOULD
OTHERWISE HAVE BEEN RELEASED FROM SUCH AGENCY'S CUSTODY, ONLY IF:

S. 4075                             5

  (A) AN AUTHORIZED FEDERAL IMMIGRATION AGENCY PRESENTS  SUCH  STATE  OR
LOCAL  LAW  ENFORCEMENT AGENCY WITH A JUDICIAL WARRANT FOR THE DETENTION
OF THE PERSON WHO IS THE SUBJECT OF SUCH CIVIL  IMMIGRATION  WARRANT  AT
THE TIME SUCH CIVIL IMMIGRATION WARRANT IS PRESENTED; OR
  (B)  NOTICE  HAS  BEEN RECEIVED FROM A COURT OR ANY OTHER GOVERNMENTAL
ENTITY, DOCUMENTING THAT THERE IS PROBABLE CAUSE TO BELIEVE  THE  PERSON
ILLEGALLY REENTERED THE UNITED STATES AFTER A PREVIOUS REMOVAL OR RETURN
AS  DEFINED  IN  8 U.S.C.   § 1326, AND THE PERSON STANDS CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
THE PENAL LAW, OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW,  OR
AN  OFFENSE  IN  ANY  OTHER  JURISDICTION  THAT  HAS  THE SAME ESSENTIAL
ELEMENTS OF ANY SUCH VIOLENT FELONY OR CLASS A OFFENSE; OR
  (C) SUCH PERSON IS IDENTIFIED BY SUCH STATE OR LOCAL  LAW  ENFORCEMENT
AGENCY AS A LIKELY MATCH WITH A PERSON LISTED IN THE TERRORIST SCREENING
DATABASE.
  2. EXCEPT TO THE EXTENT THAT DISCLOSURE IS REQUIRED BY FEDERAL LAW, NO
STATE  OR  LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL PROVIDE
TO A FEDERAL IMMIGRATION AUTHORITY, OR ANOTHER AGENCY, ENTITY OR  PERSON
ON  BEHALF  OF A FEDERAL IMMIGRATION AUTHORITY, ANY INFORMATION OBTAINED
CONCERNING A PERSON WHO IS IN OR FORMERLY WAS IN  THE  CUSTODY  OF  SUCH
STATE  OR  LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, INCLUDING BUT
NOT LIMITED TO THE PERSON'S  RELEASE  DATE,  COURT  APPEARANCE  DATE  OR
DATES, HOME, WORK OR SCHOOL ADDRESS.
  3.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
ON AN ENTITY TO DETAIN A PERSON BASED ON  A  CIVIL  IMMIGRATION  WARRANT
BEYOND  THE AUTHORITY, IF ANY, TO DO SO THAT EXISTED PRIOR TO THE ENACT-
MENT OF THIS SECTION.
  4. THIS SECTION SHALL SUPERSEDE ANY CONFLICTING POLICY,  RULE,  PROCE-
DURE  AND PRACTICE WITHIN THE STATE OF NEW YORK. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO PROHIBIT ANY ENTITY FROM COOPERATING WITH A FEDER-
AL IMMIGRATION AUTHORITY TO THE EXTENT REQUIRED BY FEDERAL LAW.  NOTHING
IN  THIS  SECTION  SHALL  BE  INTERPRETED OR APPLIED SO AS TO CREATE ANY
POWER, DUTY OR OBLIGATION IN CONFLICT WITH ANY FEDERAL LAW.
  § 319-F. LIMITATION ON USE OF CERTAIN FACILITIES. 1. NO STATE OR LOCAL
LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL PROVIDE A FEDERAL  IMMI-
GRATION  AGENCY,  OR AGENT THEREOF, WITH ACCESS TO AN INDIVIDUAL IN SUCH
LAW ENFORCEMENT AGENCY'S CUSTODY OR CONTROL.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
A  PERSON  IN THE CUSTODY OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY
REQUEST TO BE INTERVIEWED BY A FEDERAL  LAW  ENFORCEMENT  AGENCY  OR  AN
AGENT  THEREOF  ONLY  WITH  KNOWING AND VOLUNTARY WRITTEN CONSENT OF THE
INDIVIDUAL AND, IF REPRESENTED BY COUNSEL, WRITTEN AUTHORIZATION BY SUCH
COUNSEL, PROVIDED THAT IF SUCH INDIVIDUAL  IS  NOT  REPRESENTED  AND  IS
ENTITLED  TO  COUNSEL  ASSIGNED  PURSUANT TO SECTION THREE HUNDRED NINE-
TEEN-G OF THIS ARTICLE OR ARTICLE EIGHTEEN-B OF THE COUNTY  LAW,  HE  OR
SHE  SHALL  BE NOTIFIED OF SUCH RIGHT AND PROVIDED A REASONABLE OPPORTU-
NITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
  3. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF  INTERPRETATION
OR  TRANSLATION  SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON NOT PROFI-
CIENT IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO  THIS
SECTION  SHALL  BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL AND QUALIFIED
INTERPRETER OR TRANSLATOR, AS THE CASE MAY  BE,  WITH  RESPECT  TO  SUCH
INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH PERSON.
  4.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION TWO OF THIS SECTION, FEDERAL
IMMIGRATION AUTHORITIES SHALL NOT BE PERMITTED TO USE OR  MAINTAIN,  FOR
THE  PURPOSE  OF  INTERVIEWING ANY PERSON OR WITNESS OR INVESTIGATING OR

S. 4075                             6

ADJUDICATING ANY ALLEGED  VIOLATION  OF  FEDERAL  IMMIGRATION  LAW,  ANY
OFFICE OR QUARTERS IN ANY BUILDING OR FACILITY OR ANY LAND OWNED, LEASED
OR OPERATED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY.
  §  319-G.  LEGAL  REPRESENTATION. 1. A PERSON UNABLE TO AFFORD COUNSEL
AGAINST WHOM THERE IS PROBABLE CAUSE TO COMMENCE A REMOVAL PROCEEDING OR
AGAINST WHOM SUCH A PROCEEDING HAS BEEN COMMENCED, SHALL BE ENTITLED  TO
REPRESENTATION  BY  ASSIGNED COUNSEL AND RELATED ASSISTANCE, PURSUANT TO
SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY  LAW,  WHEN  THE
PERSON:
  (A)  WAS  PRESENT  IN  THIS STATE WHEN QUESTIONED, TAKEN INTO CUSTODY,
CHARGED, SUMMONED OR PRESENTED  WITH  THE  ALLEGATIONS  OF  THE  REMOVAL
PROCEEDINGS,  AND THE PERSON RESIDES OR IS DETAINED IN EITHER THIS STATE
OR AN ADJOINING STATE; OR
  (B) RESIDED  IN  THIS  STATE  WHEN  QUESTIONED,  TAKEN  INTO  CUSTODY,
CHARGED,  SUMMONED  OR  PRESENTED  WITH  THE  ALLEGATIONS OF THE REMOVAL
PROCEEDINGS, AND THE PERSON CONTINUES TO RESIDE  IN  THIS  STATE  OR  AN
ADJOINING STATE, OR IF DETAINED, CONTINUES TO BE DETAINED IN EITHER THIS
STATE OR AN ADJOINING STATE.
  2.  REPRESENTATION  AND RELATED ASSISTANCE PROVIDED IN ACCORDANCE WITH
SUBDIVISION ONE OF THIS SECTION SHALL BE A  STATE  CHARGE,  PURSUANT  TO
SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY LAW.
  §  319-H. PROHIBITION ON CERTAIN DATABASES AND REGISTRIES. NO STATE OR
LOCAL LAW ENFORCEMENT AGENCY MAY USE ANY  FUNDS,  FACILITIES,  PROPERTY,
EQUIPMENT OR PERSONNEL OF SUCH AGENCY TO INVESTIGATE, ENFORCE OR PROVIDE
ASSISTANCE  IN  THE  INVESTIGATION OR ENFORCEMENT OF ANY FEDERAL PROGRAM
REQUIRING REGISTRATION OF INDIVIDUALS,  OR  MAINTAINING  A  DATABASE  OF
INDIVIDUALS,  ON  THE BASIS OF RACE, COLOR, CREED, GENDER, SEXUAL ORIEN-
TATION, RELIGION, OR NATIONAL OR ETHNIC ORIGIN.
  § 2. The opening paragraph of paragraph a of subdivision 1 of  section
35  of  the  judiciary  law  is designated as subparagraph (i) and a new
subparagraph (ii) is added to read as follows:
  (II) PERSONS PROVIDING ASSIGNED  COUNSEL  AND  RELATED  ASSISTANCE  IN
IMMIGRATION-RELATED MATTERS PURSUANT TO SECTION THREE HUNDRED NINETEEN-G
OF  THE  EXECUTIVE  LAW  SHALL  BE  COMPENSATED  IN ACCORDANCE WITH THIS
SECTION. IN ANY CASE WHERE A PERSON ENTITLED TO ASSIGNED  REPRESENTATION
PURSUANT  TO  SECTION  THREE  HUNDRED  NINETEEN-G  OF  THE EXECUTIVE LAW
PETITIONS THE CRIMINAL COURT OF THE CITY OF NEW YORK, THE  COUNTY  COURT
OR  DISTRICT  COURT,  WITH  JURISDICTION WHERE THE PERSON IS TO BE QUES-
TIONED OR DETAINED, OR IS DETAINED, OR WAS CHARGED IN SUCH  IMMIGRATION-
RELATED MATTER, OR MOST RECENTLY RESIDED, THE COURT SHALL ASSIGN COUNSEL
IN ACCORDANCE WITH THIS SECTION.
  §  3.  Severability.  If any clause, sentence, subdivision, paragraph,
section or other 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, subdivision,  paragraph,  section  or
part thereof directly involved in the controversy in which such judgment
shall have been rendered.
  § 4. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

S4075A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 15-AA §§319 - 319-h, Exec L; amd §35, Judy L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1424
2021-2022: S1357
2023-2024: S257

S4075A (ACTIVE) - Summary

Relates to providing access to services, law enforcement and counsel in certain immigration related matters.

S4075A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S4075A

 TITLE OF BILL :

An act to amend the executive law and the judiciary law, in relation
to access to services, law enforcement and counsel in certain
immigration related matters; and to amend the judiciary law, in
relation to compensation of legal counsel for certain matters

 SUMMARY OF PROVISIONS :

The executive law is amended to add a new article 15-AA regarding
relations with immigrant communities and detention of certain persons.
This new article would:

*establish definitions;

*ensure that people are not unnecessarily questioned about immigration
status when seeking state or local services, benefits or assistance;

*establish that state or local law enforcement agencies shall not
stop, question, investigate or arrest a person based on perceived
immigration status or suspected violation of federal immigration law;

*generally prohibit law enforcement agencies from inquiring about the
immigration status of persons contacting such agencies when in need of

assistance, including victims and witnesses;

*require state and local agencies, employees, and health care
providers to maintain the confidentiality of immigration status
information, unless acting in accordance with 8 U.S.C. § 1373, and
other information absent valid consent of the individual;

*prohibit the detention of individuals based on
administratively-issued immigration detainers and require notification
to an individual if an immigration warrant or related request has been
filed;

*curtail the use of state and local facilities for the purposes of
federal immigration enforcement;

*establish a right to legal representation for persons subject to
removal or deportation proceedings (the bill also amends Judiciary Law
35 for this purpose);

*prohibit state and local agencies from expending resources to assist
the federal government in the creation or maintenance of any database
or registry based on race, color, creed, gender, sexual orientation,
religion, or national or ethnic origin.

 JUSTIFICATION :

Regrettably, some persons in New York State are reluctant to interact
with state and local agencies out of fear or mistrust. Regardless of
individual immigration status, these persons are concerned with
possible immigration-related consequences for themselves or family
members upon interacting with law enforcement or other agencies that
provide vital services and benefits. While much of immigration law is
established at the federal level, there are policies that can be
enacted by New York to ensure that persons are not stereotyped,
profiled or deterred from accessing services for which they may be
eligible.

This bill, therefore, includes various measures designed to encourage
cooperation and foster positive relations between agency officials and
individuals in our state. Consistent with constitutional principles,
the bill would prohibit New York state and local law enforcement
officials from acting based on suspected federal immigration status or
suspected violation of U.S. immigration law, and would prohibit these
officials from performing immigration-related duties that are
designated by law for federal immigration officials. This would
include a prohibition on access and use of state and local
governmental facilities, such as jails and detention centers, for the
purpose of immigration inquiries, absent request of the individual.

People in New York should not be afraid to report crime to the police
or seek emergency health care. A victim of domestic violence, for
example, or pedestrian injured by an automobile, should be able to
seek help without fear of repercussions. This bill would limit the
collection of unnecessary information concerning immigration status in
these circumstances and others. State and local officials may, in some
circumstances, be required by federal law to respond to certain
requests regarding immigration status, but federal law does not
require that other personal information be shared.

This bill also addresses when a civil immigration warrant would be
given effect by state and local law correctional authorities. A civil
immigration warrant, issued by an agency and not a judge, is a request
by a federal immigration agency for temporary detention of an
individual. This bill would allow detention based on such a civil
administrative warrant when the individual named therein has been
convicted of a class A felony or violent felony offense and there is
documented probable cause to believe the person illegally re-entered
the United State after a previous removal, or is listed in the
national terrorist screening database, or if a judicial warrant has
been issued. California, Connecticut, Illinois and the cities of
Philadelphia and New York, for example, have similar laws or executive
orders in place.

The bill would also help assure due process by providing a right to
assigned legal counsel for immigrants in New York who are unable to
afford counsel, and who are subject to removal or deportation
proceedings.

The bill complies with federal law and also sets forth
constitutionally-permissible state and local procedures that will help
assure fair and just treatment for all persons in New York State.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Not known at this time.

 EFFECTIVE DATE :
This act shall take effect immediately.

S4075A (ACTIVE) - Bill Text download pdf


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

                                 4075--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 2, 2017
                               ___________

Introduced  by Sens. SERRANO, HOYLMAN -- read twice and ordered printed,
  and when printed to be  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 judiciary law, in relation  to
  access to services, law enforcement and counsel in certain immigration
  related  matters;  and  to  amend  the  judiciary  law, in relation to
  compensation of legal counsel for certain matters

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

  Section 1.  The executive law is amended by adding a new article 15-AA
to read as follows:
                              ARTICLE 15-AA
  ACCESS TO SERVICES AND LAW ENFORCEMENT IN CERTAIN IMMIGRATION RELATED
                                 MATTERS
SECTION 319.    DEFINITIONS.
        319-A.  ACCESS TO SERVICES, ASSISTANCE AND ELIGIBLE BENEFITS.
        319-B.  FEDERAL  AGENCIES  TO  INVESTIGATE  AND  ENFORCE FEDERAL
                  IMMIGRATION LAWS.
        319-C.  CONFIDENTIALITY OF INFORMATION.
        319-D.  CUSTODY OF CERTAIN PERSONS: BAIL AND  RELATED  PRE-TRIAL
                  ISSUES.
        319-E.  CIVIL IMMIGRATION DETAINERS.
        319-F.  LIMITATION ON USE OF CERTAIN FACILITIES.
        319-G.  LEGAL REPRESENTATION.
        319-H.  EFFECT ON OTHER LAWS.
  §  319. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
AND PHRASES SHALL BE DEFINED AS FOLLOWS:
  1. "AGENCY" SHALL MEAN  ANY  STATE  OR  MUNICIPAL  DEPARTMENT,  BOARD,
BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
RATION,  COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING A

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

                                                           LBD09294-07-7

S. 4075--A                          2

GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OR ANY  ONE  OR  MORE
MUNICIPALITIES THEREOF.
  2.  "AGENT"  SHALL  MEAN  ANY OFFICER, OFFICIAL, EMPLOYEE OR VOLUNTEER
WORKING FOR, EMPLOYED BY OR PROVIDING ASSISTANCE TO AN AGENCY.
  3. "CIVIL IMMIGRATION DETAINER" SHALL MEAN AN  ADMINISTRATIVE  REQUEST
ISSUED  PURSUANT TO 8 C.F.R. § 287.7 OR ANY SIMILAR REQUEST ISSUED BY AN
AGENCY OR AGENT OF THE UNITED STATES  FOR  THE  DETENTION  OF  A  PERSON
SUSPECTED OF VIOLATING THE IMMIGRATION LAW OF THE UNITED STATES.
  4.    "FAMILY  OR  HOUSEHOLD  MEMBER" SHALL MEAN A FAMILY OR HOUSEHOLD
MEMBER, AS DEFINED IN SUBDIVISION TWO OF  SECTION  FOUR  HUNDRED  FIFTY-
NINE-A OF THE SOCIAL SERVICES LAW.
  5.    "FEDERAL IMMIGRATION AUTHORITY" SHALL MEAN ANY OFFICER, EMPLOYEE
OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF THE  UNITED  STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION THEREOF OR ANY OTHER
OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY OR ANY  OTHER  FEDERAL
ENTITY  WHO IS CHARGED WITH ENFORCEMENT OF THE PROVISIONS OF ANY FEDERAL
IMMIGRATION LAW.
  6. "FEDERAL LAW" SHALL MEAN A PROVISION OF  THE  CONSTITUTION  OF  THE
UNITED  STATES,  OR  A  STATUTE  OR  SIMILAR  PROVISION  APPROVED BY THE
CONGRESS OF THE UNITED STATES THAT HAS BEEN ENACTED AND TAKEN EFFECT.
  7. "IMMIGRATION STATUS" OR "IMMIGRATION STATUS INFORMATION" SHALL MEAN
IMMIGRATION STATUS, LAWFUL OR UNLAWFUL, OF AN INDIVIDUAL UNDER THE  LAWS
AND REGULATIONS OF THE UNITED STATES OF AMERICA.
  8. "JUDICIAL WARRANT" SHALL MEAN A WARRANT BASED ON PROBABLE CAUSE AND
ISSUED BY A JUDGE SERVING PURSUANT TO ARTICLE THREE OF THE UNITED STATES
CONSTITUTION OR A FEDERAL MAGISTRATE JUDGE SERVING BY APPOINTMENT PURSU-
ANT TO 28 U.S.C.  § 631, THAT AUTHORIZES A FEDERAL IMMIGRATION AUTHORITY
TO TAKE INTO CUSTODY A PERSON WHO IS THE SUBJECT OF SUCH WARRANT.
  9. "LAW ENFORCEMENT AGENCY" SHALL MEAN ANY AGENCY THAT IS EMPOWERED BY
LAW  TO  CONDUCT  AN  INVESTIGATION  OR  MAKE  AN  ARREST FOR A CRIME OR
OFFENSE, OR ANY AGENCY THAT IS AUTHORIZED BY LAW TO PROSECUTE OR PARTIC-
IPATE IN THE PROSECUTION OF A CRIME OR OFFENSE, OR ANY AGENCY AUTHORIZED
BY LAW TO JAIL, DETAIN OR IMPRISON A PERSON UNDER COLOR OF LAW,  OR  ANY
AGENCY EMPLOYING A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR
OF  SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE LAW OR PEACE OFFICER, AS
DEFINED IN SUBDIVISION THIRTY-THREE OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE LAW.
  10.  "TERRORIST  SCREENING  DATABASE"  SHALL  MEAN  THE  UNITED STATES
TERRORIST WATCH LIST  DATABASE  LAWFULLY  MAINTAINED  BY  THE  TERRORIST
SCREENING CENTER OF THE GOVERNMENT OF THE UNITED STATES.
  §  319-A.  ACCESS  TO  SERVICES, ASSISTANCE AND ELIGIBLE BENEFITS.  1.
EXCEPT WHERE EXPLICITLY REQUIRED BY STATE OR FEDERAL LAW FOR THE PURPOSE
OF VERIFYING  ELIGIBILITY,  CONTINUED  ELIGIBILITY,  OR  UPON  RECERTIF-
ICATION,  NO  STATE  OR  LOCAL  AGENCY,  OR  AGENT THEREOF, MAY MAKE ANY
INQUIRY OR RECORD ANY INFORMATION CONCERNING THE IMMIGRATION  STATUS  OR
PLACE OF BIRTH OF A PERSON WHO IS SEEKING PUBLIC ASSISTANCE AND CARE, AS
SUCH  PHRASE  IS  DEFINED  IN SUBDIVISION EIGHTEEN OF SECTION TWO OF THE
SOCIAL SERVICES LAW, OR SEEKING ANY OTHER BENEFIT, ASSISTANCE OR SERVICE
FOR HIMSELF, HERSELF, OR ON BEHALF OF A FAMILY OR  HOUSEHOLD  MEMBER  OR
ANY  OTHER  POTENTIAL BENEFICIARY. PROVIDED, FURTHER, THAT SUCH INFORMA-
TION SHALL NOT BE USED OR DISCLOSED TO ANY STATE OR FEDERAL  AGENCY  FOR
ANY  PURPOSE OTHER THAN VERIFYING ELIGIBILITY, CONTINUED ELIGIBILITY, OR
UPON RECERTIFICATION.
  2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
LIMITED  INQUIRY  OF SUCH INFORMATION CONCERNING THE RELEVANT PERSON MAY

S. 4075--A                          3

BE MADE WHEN SUCH INFORMATION IS REQUESTED FOR THE BENEFIT OF THE PERSON
BY THE OFFICE FOR NEW AMERICANS ESTABLISHED PURSUANT TO SECTION  NINETY-
FOUR-B  OF  THIS  CHAPTER  OR ANY OTHER SIMILAR AGENCY THAT IS ASSISTING
SUCH  PERSON  IN  MATTERS  RELATED  TO SUCH PERSON'S IMMIGRATION STATUS,
PROVIDED THAT THE STATUS OF SUCH PERSON SHALL NOT BE DISCLOSED  FOR  ANY
PURPOSE.
  3.  IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
OR TRANSLATION SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON  NOT  PROFI-
CIENT  IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO THIS
SECTION SHALL BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL  AND  QUALIFIED
INTERPRETER  OR  TRANSLATOR,  AS  THE  CASE MAY BE, WITH RESPECT TO SUCH
INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH PERSON.
  § 319-B. FEDERAL AGENCIES TO INVESTIGATE  AND  ENFORCE  FEDERAL  IMMI-
GRATION  LAWS.  1.  NO  STATE  OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT
THEREOF, SHALL STOP, QUESTION,  INTERROGATE,  INVESTIGATE  OR  ARREST  A
PERSON FOR ANY OF THE FOLLOWING:
  (A)   SUSPECTED   UNITED  STATES  IMMIGRATION  OR  CITIZENSHIP  STATUS
VIOLATION;
  (B) SUSPECTED VIOLATION  OF  THE  UNITED  STATES  IMMIGRATION  LAW  OR
AUTHORIZED REGULATIONS; OR
  (C) A CIVIL IMMIGRATION DETAINER.
  2.    NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, NOR ANY AGENT THEREOF,
SHALL MAKE ANY INQUIRY OR RECORD ANY INFORMATION  CONCERNING  THE  IMMI-
GRATION  STATUS  OR  PLACE  OF  BIRTH  OF  A  PERSON  WHO: (A) CONTACTS,
APPROACHES OR ASKS FOR OR IS IN NEED OF ASSISTANCE OF A LAW  ENFORCEMENT
AGENCY  OR  (B)  IS  STOPPED,  QUESTIONED, INTERROGATED, INVESTIGATED OR
ARRESTED; EXCEPT WHERE SUCH IMMIGRATION STATUS OR PLACE OF BIRTH  INFOR-
MATION  IS  AN  ELEMENT OF A CRIMINAL OFFENSE IN A SPECIFIC, ONGOING LAW
ENFORCEMENT INVESTIGATION ENGAGED IN BY SUCH STATE OR LOCAL LAW ENFORCE-
MENT AGENCY, OR AGENT THEREOF, OR WHERE SUCH  INQUIRY  OR  RECORDING  OF
SUCH INFORMATION IS OTHERWISE AUTHORIZED BY THIS ARTICLE.
  3.  NO  STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL
PERFORM THE FUNCTION OF OR BE CROSS-DESIGNATED AS A FEDERAL  IMMIGRATION
OFFICER  OR  OTHERWISE ENGAGE OR SIGNIFICANTLY ASSIST IN THE ENFORCEMENT
OF FEDERAL IMMIGRATION LAW, PURSUANT TO 8 U.S.C. § 1357 (G) OR ANY OTHER
FEDERAL LAW, REGULATION OR POLICY.   NOTHING IN THIS  SUBDIVISION  SHALL
PREVENT  DETENTION  OF  A  PERSON  IN  ACCORDANCE WITH AND TO THE EXTENT
PERMITTED BY SECTION THREE HUNDRED NINETEEN-E OF THIS ARTICLE.
  4. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF  INTERPRETATION
OR  TRANSLATION  SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON NOT PROFI-
CIENT IN THE ENGLISH LANGUAGE, TO  WHOM  INQUIRY  IS  MADE  PURSUANT  TO
SUBDIVISION  ONE OR TWO OF THIS SECTION SHALL BE ENTITLED TO THE ASSIST-
ANCE OF A NEUTRAL AND QUALIFIED INTERPRETER OR TRANSLATOR, AS  THE  CASE
MAY  BE, WITH RESPECT TO SUCH INQUIRY, PROVIDED AT NO COST OR EXPENSE TO
SUCH PERSON.
  § 319-C. CONFIDENTIALITY OF INFORMATION. UNLESS DISCLOSURE IS REQUIRED
BY A LAWFUL COURT ORDER, NO STATE OR LOCAL AGENCY, OR AGENT THEREOF,  OR
STATE  OR  LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL PROVIDE
TO A FEDERAL IMMIGRATION AUTHORITY ANY INFORMATION COLLECTED OR OBTAINED
WITH RESPECT TO A PERSON IN ACCORDANCE WITH THIS ARTICLE  OR  OTHERWISE,
INCLUDING BUT NOT LIMITED TO HOME, WORK OR SCHOOL ADDRESS, EXCEPT THAT:
  1. PROVIDING IMMIGRATION STATUS INFORMATION SHALL NOT BE PROHIBITED IF
REQUESTED  BY  SUCH  FEDERAL  IMMIGRATION  AUTHORITY  AND REQUIRED TO BE
PROVIDED TO IT IN ACCORDANCE WITH 8 U.S.C. §  1373  OR  ANOTHER  FEDERAL
LAW;

S. 4075--A                          4

  2. THE DIVISION OF CRIMINAL JUSTICE SERVICES OR A QUALIFIED AGENCY, AS
DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS
CHAPTER,  MAY  PROVIDE CRIMINAL HISTORY INFORMATION, AS DEFINED IN PARA-
GRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  FORTY-FIVE-B  OF
THIS  CHAPTER,  WHEN LAWFULLY REQUESTED ABOUT A SPECIFIC PERSON AND SUCH
DISCLOSURE IS PERMITTED BY STATE LAW; AND
  3.  A STATE OR LOCAL AGENCY, OR AGENT THEREOF, OR STATE OR  LOCAL  LAW
ENFORCEMENT  AGENCY,  OR  AGENT  THEREOF,  MAY PROVIDE SUCH INFORMATION,
OTHER THAN THE INFORMATION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,
CONCERNING A PERSON, INCLUDING BUT NOT LIMITED TO STATUS AS A VICTIM  OF
OR  WITNESS  TO  SUSPECTED  CRIMINAL  ACTIVITY, HOME ADDRESS AND/OR WORK
ADDRESS, ONLY WITH INFORMED  WRITTEN  CONSENT  OF  THE  PERSON  AND,  IF
REPRESENTED BY COUNSEL, WRITTEN AUTHORIZATION BY SUCH ATTORNEY.
  §  319-D.  CUSTODY  OF  CERTAIN  PERSONS:  BAIL  AND RELATED PRE-TRIAL
ISSUES. 1.  EXCEPT AS PROVIDED IN SECTION THREE  HUNDRED  NINETEEN-E  OF
THIS  ARTICLE, NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THERE-
OF, OR COURT SHALL DELAY OR DENY RELEASE OF A PERSON ON RECOGNIZANCE  OR
BAIL,  PURSUANT TO ARTICLE FIVE HUNDRED THIRTY OF THE CRIMINAL PROCEDURE
LAW OR OTHERWISE, ON THE BASIS OF THE  PERSON'S  IMMIGRATION  STATUS,  A
CIVIL IMMIGRATION DETAINER, OR A FEDERAL IMMIGRATION AUTHORITY'S REQUEST
FOR  NOTIFICATION  ABOUT,  TRANSFER  OF,  DETENTION  OF, OR INTERVIEW OR
INTERROGATION OF SUCH PERSON.
  2.  UPON RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY OF A CIVIL IMMI-
GRATION DETAINER, OR A REQUEST FOR  TRANSFER,  NOTIFICATION,  INTERVIEW,
INTERROGATION OR OTHER REQUEST, A STATE OR LOCAL LAW ENFORCEMENT AGENCY,
OR AGENT THEREOF, SHALL PROMPTLY NOTIFY THE PERSON WHO IS THE SUBJECT OF
SUCH  DETAINER  OR  REQUEST AND SUCH PERSON'S COUNSEL, PROVIDE A COPY OF
SUCH DETAINER OR REQUEST, AS THE CASE MAY BE, TO SUCH PERSON  AND  COUN-
SEL,  INFORM  SUCH  PERSON  OF  THE  RIGHT  TO  COUNSEL  PURSUANT TO THE
PROVISIONS OF SECTION THREE HUNDRED  NINETEEN-G  OF  THIS  ARTICLE,  AND
INFORM  SUCH  PERSON AND COUNSEL, REASONABLY IN ADVANCE OF RESPONDING TO
THE FEDERAL IMMIGRATION AUTHORITY, AS TO  WHETHER  OR  NOT  SUCH  AGENCY
INTENDS TO COMPLY WITH SUCH DETAINER OR REQUEST.
  3. A PERSON IN THE CUSTODY OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY,
OR  AGENT  THEREOF,  SHALL  BE  SUBJECT TO BOOKING, PROCESSING, RIGHT TO
COUNSEL, RELEASE AND TRANSFER PROCEDURES, POLICIES AND PRACTICES OF THAT
AGENCY THAT ARE AT LEAST AS PROTECTIVE OF  INDIVIDUAL  RIGHTS  AS  OTHER
PERSONS  IN  SUCH AGENCY'S CUSTODY, REGARDLESS OF THE PERSON'S ACTUAL OR
SUSPECTED IMMIGRATION STATUS.
  § 319-E. CIVIL IMMIGRATION DETAINERS. 1. A STATE OR LOCAL LAW ENFORCE-
MENT AGENCY, OR AGENT THEREOF, LAWFULLY HOLDING A PERSON IN ITS CUSTODY,
MAY THEREAFTER DETAIN SUCH PERSON SOLELY ON THE BASIS OF A  CIVIL  IMMI-
GRATION  DETAINER,  FOR  A SINGLE PERIOD NOT EXCEEDING FORTY-EIGHT HOURS
EXCLUDING WEEKENDS AND HOLIDAYS, BEYOND THE TIME WHEN SUCH PERSON  WOULD
OTHERWISE HAVE BEEN RELEASED FROM SUCH AGENCY'S CUSTODY, ONLY IF:
  (A)  AN  AUTHORIZED  FEDERAL IMMIGRATION AGENCY PRESENTS SUCH STATE OR
LOCAL LAW ENFORCEMENT AGENCY WITH A JUDICIAL WARRANT FOR  THE  DETENTION
OF  THE  PERSON WHO IS THE SUBJECT OF SUCH CIVIL IMMIGRATION DETAINER AT
THE TIME SUCH CIVIL IMMIGRATION DETAINER IS PRESENTED; OR
  (B) NOTICE HAS BEEN RECEIVED FROM A COURT OR  ANY  OTHER  GOVERNMENTAL
ENTITY,  DOCUMENTING  THAT  THE  PERSON  ILLEGALLY  REENTERED THE UNITED
STATES AFTER A PREVIOUS REMOVAL OR RETURN AS DEFINED  IN  8  U.S.C.    §
1326,  AND  THE  PERSON  STANDS CONVICTED OF A VIOLENT FELONY OFFENSE AS
DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW, OR A CLASS
A FELONY OFFENSE DEFINED IN THE PENAL LAW, OR AN OFFENSE  IN  ANY  OTHER

S. 4075--A                          5

JURISDICTION  THAT  HAS  THE SAME ESSENTIAL ELEMENTS OF ANY SUCH VIOLENT
FELONY OFFENSE OR CLASS A FELONY OFFENSE; OR
  (C)  SUCH  PERSON IS IDENTIFIED BY SUCH STATE OR LOCAL LAW ENFORCEMENT
AGENCY AS A LIKELY MATCH WITH A PERSON LISTED IN THE TERRORIST SCREENING
DATABASE.
  2. EXCEPT TO THE EXTENT THAT DISCLOSURE IS REQUIRED BY FEDERAL LAW, NO
STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF,  SHALL  PROVIDE
TO  A FEDERAL IMMIGRATION AUTHORITY, OR ANOTHER AGENCY, ENTITY OR PERSON
ON BEHALF OF A FEDERAL IMMIGRATION AUTHORITY, ANY  INFORMATION  OBTAINED
CONCERNING  A  PERSON  WHO  IS IN OR FORMERLY WAS IN THE CUSTODY OF SUCH
STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF,  INCLUDING  BUT
NOT  LIMITED  TO  THE  PERSON'S  RELEASE  DATE, COURT APPEARANCE DATE OR
DATES, HOME, WORK OR SCHOOL ADDRESS.
  3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY  AUTHORITY
ON  AN  ENTITY  TO DETAIN A PERSON BASED ON A CIVIL IMMIGRATION DETAINER
BEYOND THE AUTHORITY, IF ANY, TO DO SO THAT EXISTED PRIOR TO THE  ENACT-
MENT OF THIS SECTION.
  § 319-F. LIMITATION ON USE OF CERTAIN FACILITIES. 1. NO STATE OR LOCAL
LAW  ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL PROVIDE A FEDERAL IMMI-
GRATION AGENCY, OR AGENT THEREOF, WITH ACCESS TO AN INDIVIDUAL  IN  SUCH
LAW ENFORCEMENT AGENCY'S CUSTODY OR CONTROL.
  2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
A PERSON IN THE CUSTODY OF A STATE OR LOCAL LAW ENFORCEMENT  AGENCY  MAY
REQUEST  TO  BE  INTERVIEWED  BY  A FEDERAL LAW ENFORCEMENT AGENCY OR AN
AGENT THEREOF ONLY WITH KNOWING AND VOLUNTARY  WRITTEN  CONSENT  OF  THE
INDIVIDUAL AND, IF REPRESENTED BY COUNSEL, WRITTEN AUTHORIZATION BY SUCH
COUNSEL,  PROVIDED  THAT  IF  SUCH  INDIVIDUAL IS NOT REPRESENTED AND IS
ENTITLED TO COUNSEL ASSIGNED PURSUANT TO  SECTION  THREE  HUNDRED  NINE-
TEEN-G  OF  THIS  ARTICLE OR ARTICLE EIGHTEEN-B OF THE COUNTY LAW, HE OR
SHE SHALL BE NOTIFIED OF SUCH RIGHT AND PROVIDED A  REASONABLE  OPPORTU-
NITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
  3.  IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
OR TRANSLATION SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON  NOT  PROFI-
CIENT  IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO THIS
SECTION SHALL BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL  AND  QUALIFIED
INTERPRETER  OR  TRANSLATOR,  AS  THE  CASE MAY BE, WITH RESPECT TO SUCH
INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH PERSON.
  4. EXCEPT AS PROVIDED IN SUBDIVISION  TWO  OF  THIS  SECTION,  FEDERAL
IMMIGRATION  AUTHORITIES  SHALL NOT BE PERMITTED TO USE OR MAINTAIN, FOR
THE PURPOSE OF INTERVIEWING ANY PERSON OR WITNESS  OR  INVESTIGATING  OR
ADJUDICATING  ANY  ALLEGED  VIOLATION  OF  FEDERAL  IMMIGRATION LAW, ANY
OFFICE OR QUARTERS IN ANY BUILDING OR FACILITY OR ANY LAND OWNED, LEASED
OR OPERATED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY; PROVIDED, HOWEV-
ER THAT THE FEDERAL EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, PURSUANT TO
AN OTHERWISE LAWFUL AGREEMENT WITH THE STATE DEPARTMENT  OF  CORRECTIONS
AND COMMUNITY SUPERVISION, MAY MAKE USE OF OFFICES IN ONE OR MORE BUILD-
INGS  OR  FACILITIES  OPERATED  AS STATE CORRECTIONAL FACILITIES IN THIS
STATE FOR THE PURPOSE  OF  CONDUCTING  ADJUDICATORY  HEARINGS  INVOLVING
ALLEGED VIOLATION OF FEDERAL IMMIGRATION LAW.
  §  319-G.  LEGAL  REPRESENTATION. 1. A PERSON UNABLE TO AFFORD COUNSEL
AGAINST WHOM A REMOVAL PROCEEDING MAY BE OR HAS BEEN COMMENCED, SHALL BE
ENTITLED TO REPRESENTATION BY ASSIGNED COUNSEL AND  RELATED  ASSISTANCE,
PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY LAW,
WHEN THE PERSON:
  (A)  WAS  PRESENT  IN  THIS STATE WHEN QUESTIONED, TAKEN INTO CUSTODY,
CHARGED, SUMMONED OR PRESENTED  WITH  THE  ALLEGATIONS  OF  THE  REMOVAL

S. 4075--A                          6

PROCEEDINGS,  AND THE PERSON RESIDES OR IS DETAINED IN EITHER THIS STATE
OR AN ADJOINING STATE; OR
  (B)  RESIDED  IN  THIS  STATE  WHEN  QUESTIONED,  TAKEN  INTO CUSTODY,
CHARGED, SUMMONED OR PRESENTED  WITH  THE  ALLEGATIONS  OF  THE  REMOVAL
PROCEEDINGS,  AND  THE  PERSON  CONTINUES  TO RESIDE IN THIS STATE OR AN
ADJOINING STATE, OR IF DETAINED, CONTINUES TO BE DETAINED IN EITHER THIS
STATE OR AN ADJOINING STATE.
  2. REPRESENTATION AND RELATED ASSISTANCE PROVIDED IN  ACCORDANCE  WITH
SUBDIVISION  ONE  OF  THIS  SECTION SHALL BE A STATE CHARGE, PURSUANT TO
SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY LAW.
  § 319-H. EFFECT ON OTHER LAWS. THIS ARTICLE SHALL SUPERSEDE  CONFLICT-
ING LOCAL LAWS, RULES, POLICIES, PROCEDURES AND PRACTICES, EXCEPT TO THE
EXTENT  THAT  THE  PROVISIONS OF ANY SUCH LOCAL LAW, RULE, POLICY OR ANY
SUCH PROCEDURE OR PRACTICE MAY PROVIDE ANY ADDITIONAL OR  GREATER  RIGHT
OR  PROTECTION.  NOTHING  IN THIS ARTICLE SHALL PROHIBIT ANY ENTITY FROM
COOPERATING WITH A FEDERAL IMMIGRATION AUTHORITY TO THE EXTENT  REQUIRED
BY  FEDERAL LAW. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR APPLIED
SO AS TO CREATE ANY POWER, DUTY OR OBLIGATION IN CONFLICT  WITH  FEDERAL
LAW.
  §  2. The opening paragraph of paragraph a of subdivision 1 of section
35 of the judiciary law is designated as  subparagraph  (i)  and  a  new
subparagraph (ii) is added to read as follows:
  (II)  PERSONS  PROVIDING  ASSIGNED  COUNSEL  AND RELATED ASSISTANCE IN
IMMIGRATION-RELATED MATTERS PURSUANT TO SECTION THREE HUNDRED NINETEEN-G
OF THE EXECUTIVE LAW  SHALL  BE  COMPENSATED  IN  ACCORDANCE  WITH  THIS
SECTION.  IN ANY CASE WHERE A PERSON ENTITLED TO ASSIGNED REPRESENTATION
PURSUANT TO SECTION  THREE  HUNDRED  NINETEEN-G  OF  THE  EXECUTIVE  LAW
PETITIONS  THE  CRIMINAL COURT OF THE CITY OF NEW YORK, THE COUNTY COURT
OR DISTRICT COURT, WITH JURISDICTION WHERE THE PERSON  IS  TO  BE  QUES-
TIONED  OR DETAINED, OR IS DETAINED, OR WAS CHARGED IN SUCH IMMIGRATION-
RELATED MATTER, OR MOST RECENTLY RESIDED, THE COURT SHALL  ASSIGN  COUN-
SEL,  WITH  APPROPRIATE  EXPERTISE AND EXPERIENCE IN IMMIGRATION-RELATED
MATTERS, IN ACCORDANCE WITH THIS SECTION.
  § 3. Severability. If any clause,  sentence,  subdivision,  paragraph,
section  or  other  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, subdivision, paragraph, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S4075A

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senate Bill S4075A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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Bill Amendments

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S4075 - Details

S4075 - Summary

S4075 - Sponsor Memo

S4075 - Bill Text download pdf

Co-Sponsors

S4075A (ACTIVE) - Details

S4075A (ACTIVE) - Summary

S4075A (ACTIVE) - Sponsor Memo

S4075A (ACTIVE) - Bill Text download pdf

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