NY State Senate Bill 2017-S5211

Senate Bill S5211

2017-2018 Legislative Session

Prohibits disclosure of immigration status for victims of domestic violence; adds enhanced penalties for coercive threats to expose immigration status of victims

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Archive: Last Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Mar 16, 2017	referred to codes

co-Sponsors

2017-S5211 (ACTIVE) - Details

See Assembly Version of this Bill:: A1225
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§140.10 & 530.11, add §2.25, CP L; amd §459-h, Soc Serv L; amd §812, Fam Ct Act; add §70.11, Pen L; add §844, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7412, A10286
2013-2014: S486, A5364
2015-2016: S3189, A72
2019-2020: S2925

2017-S5211 (ACTIVE) - Summary

Prohibits disclosure of immigration status for victims of domestic violence; adds enhanced penalties for coercive threats to expose immigration status of victims and witnesses of domestic violence.

2017-S5211 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5211

 TITLE OF BILL :

An act to amend the criminal procedure law, the social services law,
the family court act, the penal law and the executive law, in relation
to maintaining the confidentiality of immigration status for victims
of domestic violence

 PURPOSE :

To ensure that all women in New York State feel safe to report
domestic violence incidents.

 SUMMARY OF PROVISIONS :

Section I of the bill gives the abort title, the "York State Violence
Against Women Act".

Section II of the bill amends section 140.10 of the criminal procedure
law, to provide that state and local officers making arrests in
domestic violence cases shall not inquire as to the immigration status
of the victim. It further provides that if the officer inadvertently
learns of it, he should not report the status to any local, state, or
federal law enforcement agency.

Section III of the bill amends section 530.11 of the criminal
procedure law to provide that petitioners requesting orders of
protection shall have confidentiality in their immigration status.

Section IV of the bill adds a new section 2.25 to the criminal
procedure law, prohibiting a law enforcement officer to inquire as to
the immigration status of a domestic violence victim during an
investigation.

Sections V and VI of the bill add new language to section 459-h of the
social services lax and section 012 of the family court act,
respectively, providing for confidentiality of immigration status
during investigations and proceedings by those entities.

Section VII adds a new section 70.11 to the penal law, providing that
in domestic violence cases, the court may take as an aggravating
factor that an abuser threatened to expose a victim's domestic
violence status.

Section VIII of the bill adds a new section 844 to the executive law,
prohibiting law enforcement officers from referring any information
regarding immigration status to federal law enforcement in the context
of a domestic violence investigation.

Section DC sets forth the effective date.

 JUSTIFICATION :

According to the National Coalition Against Domestic Violence, one in
four women is a victim of domestic violence at some point during
adulthood. The incidence is even more frequent for women if immigrant
commu- nities, particularly those who are undocumented. These
undocumented women live in fear that if they report their abuse, they
will be deported. This bill would ensure that no woman in New York
State need fear ending her abuse. With about 25 percent of women
within New York being affected by domestic violence, it is important
to ensure their safety, regardless of immigration status.

 LEGISLATIVE HISTORY :

This legislation was previously introduced.

 FISCAL IMPACT ON THE STATE :

None.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that the amendments
to subdivision 4 of section 140.10 of the criminal procedure law made
by section two of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.

2017-S5211 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5211
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, the social services law, the
   family court act, the penal law and the executive law, in relation  to
   maintaining  the  confidentiality of immigration status for victims of
   domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "The New York State Violence Against Women Act".
   § 2. Subparagraph (ii) of paragraph (b) and paragraph (c) of  subdivi-
 sion  4  of  section  140.10 of the criminal procedure law, subparagraph
 (ii) of paragraph (b) as amended by chapter 107 of the laws of 2004  and
 paragraph  (c)  as amended by chapter 4 of the laws of 1997, are amended
 to read as follows:
   (ii) The respondent or defendant commits a family offense  as  defined
 in  subdivision  one of section eight hundred twelve of the family court
 act or subdivision one of section 530.11 of this chapter in violation of
 such order of protection or special order of  conditions.    AN  OFFICER
 MAKING  AN  ARREST  UNDER  THIS SUBPARAGRAPH SHALL NOT INQUIRE AS TO THE
 IMMIGRATION STATUS OF THE PERSON WHOM  THE  ORDER  PROTECTS.    IF  SUCH
 STATUS  IS  ASCERTAINED  AND  WOULD RESULT IN ADVERSE IMMIGRATION CONSE-
 QUENCES TO SUCH PERSON, THE OFFICER SHALL NOT REPORT SUCH INFORMATION TO
 ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   (c) a misdemeanor constituting  a  family  offense,  as  described  in
 subdivision  one  of  section  530.11  of this chapter and section eight
 hundred twelve of the family court  act,  has  been  committed  by  such
 person  against  such  family  or  household  member,  unless the victim
 requests otherwise. The officer shall neither inquire as to whether  the
 victim  seeks  an  arrest  of such person nor threaten the arrest of any
 person for the purpose of discouraging requests for police intervention.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00409-01-7

 S. 5211                             2
 
 THE OFFICER SHALL ALSO NOT INQUIRE AS TO THE IMMIGRATION STATUS  OF  THE
 VICTIM;  NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH STATUS, REPORT SUCH
 INFORMATION TO ANY LOCAL,  STATE  OR  FEDERAL  LAW  ENFORCEMENT  AGENCY.
 Notwithstanding  the  foregoing, when an officer has reasonable cause to
 believe that more than one family or household member has committed such
 a misdemeanor, the officer is not required to arrest each  such  person.
 In  such circumstances, the officer shall attempt to identify and arrest
 the primary physical aggressor after considering:  (i)  the  comparative
 extent of any injuries inflicted by and between the parties; (ii) wheth-
 er  any such person is threatening or has threatened future harm against
 another party or another family or household member; (iii)  whether  any
 such  person  has  a prior history of domestic violence that the officer
 can reasonably ascertain; and (iv) whether any such person acted  defen-
 sively  to  protect  himself  or  herself from injury. The officer shall
 evaluate each complaint separately to determine who is the primary phys-
 ical aggressor and shall not base the  decision  to  arrest  or  not  to
 arrest  on  the  willingness of a person to testify or otherwise partic-
 ipate in a judicial proceeding.
   § 3.  Subdivision 2 of section 530.11 of the criminal procedure law is
 amended by adding a new paragraph (j) to read as follows:
   (J) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
 SHALL BE KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED  TO  ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   §  4.    The criminal procedure law is amended by adding a new section
 2.25 to read as follows:
 § 2.25 PROHIBITIONS ON LAW ENFORCEMENT AGENCIES AND PEACE OFFICERS.
   A LAW ENFORCEMENT AGENCY OF THE STATE OR A  POLITICAL  SUBDIVISION  OF
 THE  STATE  OR  A PEACE OFFICER MAY NOT INQUIRE AS TO THE NATIONALITY OR
 IMMIGRATION STATUS OF A VICTIM OF OR WITNESS TO  DOMESTIC  VIOLENCE,  AS
 SUCH  TERMS  ARE  DEFINED  BY  SECTION  FOUR HUNDRED FIFTY-NINE-A OF THE
 SOCIAL SERVICES LAW, EXCEPT AS NECESSARY TO INVESTIGATE THE OFFENSE, NOR
 SHALL SUCH OFFICER REPORT OR REFER SUCH STATUS TO ANY  LOCAL,  STATE  OR
 FEDERAL LAW ENFORCEMENT AGENCY.
   §  5.  Section 459-h of the social services law is amended by adding a
 new subdivision 3 to read as follows:
   3.  ALL INFORMATION RELATED TO A VICTIM OF DOMESTIC  VIOLENCE'S  IMMI-
 GRATION STATUS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED FOR
 ANY  PURPOSE, INCLUDING SUCH INVESTIGATIONS THAT MAY BE CONDUCTED BY ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY RELATING TO SAID INDIVID-
 UAL'S IMMIGRATION STATUS.
   § 6. Subdivision 2 of section 812 of the family court act  is  amended
 by adding a new paragraph (h) to read as follows:
   (H) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
 SHALL  BE  KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED TO ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   § 7. The penal law is amended by adding a new section 70.11 to read as
 follows:
 § 70.11 SENTENCES OF IMPRISONMENT  FOR  DOMESTIC  VIOLENCE;  AGGRAVATING
           FACTORS.
   IN  MATTERS  DIVESTED  TO A CRIMINAL COURT UNDER SECTION EIGHT HUNDRED
 TWELVE OF THE FAMILY COURT ACT, OR WHERE SUCH COURT EXERCISES CONCURRENT
 JURISDICTION UNDER SUCH SECTION AND IN MATTERS REFERRED  TO  A  CRIMINAL
 COURT UNDER ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, WHERE THE RESPOND-
 ENT  THREATENS  TO  EXPOSE A WITNESS OR A VICTIM'S IMMIGRATION STATUS IN
 ORDER TO COERCE SUCH VICTIM OR WITNESS OR CONCEAL  SUCH  OFFENSE,  SHALL
 RESULT IN THE FOLLOWING ENHANCEMENT OF SUCH SENTENCE:

 S. 5211                             3
 
   (A)  FOR  OFFENSES COMMITTED UNDER SECTION 120.00 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (B)  FOR  OFFENSES COMMITTED UNDER SECTION 120.05 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (C) FOR OFFENSES COMMITTED UNDER SECTION 120.10 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (D)  FOR  OFFENSES COMMITTED UNDER SECTION 120.13 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (E) FOR OFFENSES COMMITTED UNDER SECTION 120.14 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (F)  FOR  OFFENSES COMMITTED UNDER SECTION 120.15 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
   (G) FOR OFFENSES COMMITTED UNDER SECTION 120.20 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (H)  FOR  OFFENSES COMMITTED UNDER SECTION 120.25 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (I) FOR OFFENSES COMMITTED UNDER SECTION 120.45 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
   (J)  FOR  OFFENSES COMMITTED UNDER SECTION 120.50 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (K) FOR OFFENSES COMMITTED UNDER SECTION 120.55 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (L)  FOR  OFFENSES COMMITTED UNDER SECTION 120.60 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (M) FOR OFFENSES COMMITTED UNDER SECTION 121.11 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (N)  FOR  OFFENSES COMMITTED UNDER SECTION 121.12 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (O) FOR OFFENSES COMMITTED UNDER SECTION 121.13 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (P)  FOR  OFFENSES COMMITTED UNDER SECTION 130.25 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (Q) FOR OFFENSES COMMITTED UNDER SECTION 130.30 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (R)  FOR  OFFENSES COMMITTED UNDER SECTION 130.35 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (S) FOR OFFENSES COMMITTED UNDER SECTION 130.40 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (T)  FOR  OFFENSES COMMITTED UNDER SECTION 130.45 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (U) FOR OFFENSES COMMITTED UNDER SECTION 130.50 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (V)  FOR  OFFENSES COMMITTED UNDER SECTION 130.55 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
   (W) FOR OFFENSES COMMITTED UNDER SECTION 130.60 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (X)  FOR  OFFENSES COMMITTED UNDER SECTION 130.65 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (Y) FOR OFFENSES COMMITTED UNDER SECTION 130.65-A OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (Z) FOR OFFENSES COMMITTED UNDER SECTION 130.66 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (AA)  FOR OFFENSES COMMITTED UNDER SECTION 130.67 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (BB) FOR OFFENSES COMMITTED UNDER SECTION 130.70 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;

 S. 5211                             4
 
   (CC)  FOR OFFENSES COMMITTED UNDER SECTION 135.05 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (DD)  FOR OFFENSES COMMITTED UNDER SECTION 135.10 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (EE) FOR OFFENSES COMMITTED UNDER SECTION 135.20 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (FF)  FOR OFFENSES COMMITTED UNDER SECTION 135.45 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (GG) FOR OFFENSES COMMITTED UNDER SECTION 135.50 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY.
   §  8. The executive law is amended by adding a new section 844 to read
 as follows:
   § 844. INQUIRY INTO IMMIGRATION STATUS PROHIBITED IN  CERTAIN  CIRCUM-
 STANCES.  IN  CONDUCTING  AN INVESTIGATORY ACTIVITY, INCLUDING AN INTER-
 VIEW, INTO ANY INCIDENT OF DOMESTIC VIOLENCE, AS SUCH TERM IS DEFINED IN
 ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, A LAW ENFORCEMENT AGENCY OR  A
 LAW  ENFORCEMENT  OFFICIAL  SHALL  NOT  INQUIRE ABOUT OR SEEK PROOF OF A
 PERSON'S IMMIGRATION STATUS, NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH
 STATUS, REFER OR REPORT ANY FINDINGS REGARDING SUCH STATUS TO ANY LOCAL,
 STATE OR FEDERAL LAW ENFORCEMENT AGENCY.  ANY  INFORMATION  OBTAINED  IN
 SUCH  INVESTIGATORY  ACTIVITY  REGARDING  A  PERSON'S IMMIGRATION STATUS
 SHALL BE KEPT CONFIDENTIAL.
   § 9. This act shall take effect immediately, provided that the  amend-
 ments  to  subdivision 4 of section 140.10 of the criminal procedure law
 made by section two of this act shall not  affect  the  repeal  of  such
 subdivision and shall be deemed repealed therewith.

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Senate Bill S5211

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Sponsored By

Toby Ann Stavisky