NY State Senate Bill S7849

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2018	referred to finance

Co-Sponsors

S7849 (ACTIVE) - Details

See Assembly Version of this Bill:: A8776
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 15-AA §§319 - 319-d, Exec L; add §625, Cor L
Versions Introduced in 2019-2020 Legislative Session:: A6071

S7849 (ACTIVE) - Summary

Relates to standards and policies for New York law enforcement agency cooperation with federal immigration authorities.

S7849 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7849

SPONSOR: PERALTA
 
TITLE OF BILL:  An act to amend the executive law and the correction
law, in relation to standards and policies for cooperation with federal
immigration authorities

 
PURPOSE:

Relates to standards and policies for cooperation with federal immi-
gration authorities by New York law enforcement agencies.

 
SUMMARY OF PROVISIONS:

Section one of this bill adds a new article 15-AA which defines
restrictions on New York law enforcement agency actions, standards for
responding to United States immigration and customs enforcement holds,
cooperation policies, and severability definitions excluding the Depart-
ment of Corrections and Community Supervision.

This section does not prevent any New York law enforcement agency from

doing any of the following that does not violate any policy of the law
enforcement agency or any local law or policy of the jurisdiction in
which the agency is operating an investigation, enforcing, or detaining
upon reasonable suspicion, or arresting for a violation.

Restrictions on New York law enforcement agency include the use of agen-
cy or department money or personnel to investigate, interrogate, detain,
detect, or arrest persons for immigration enforcement purposes based on
their immigration status, detaining a person on the basis of a hold
request, providing information regarding a person's release date or
other information unless that information is available to the public, or
is in response to a notification request form immigration authorities in
accordance with section three hundred nineteen-b of this article where a
law enforcement official shall have discretion to cooperate with immi-
gration authorities only if doing so would not violate any federal,
state, or local law, or local policy.

Discretion may be used if a person convicted of a violent felony as
defined in subdivision one of section 70.02 of the penal law, a person
has been convicted of a felony punishable by imprisonment in a state
prison, a person has been convicted within the past five years of a
misdemeanor for a crime that is punishable as either a misdemeanor or a
felony, or had been convicted within the last fifteen years of a felony.
A person who is a current registrant on the state sex offender registry
or a person convicted of a federal crime that meets the definition of an
aggravated felony as set forth in the Federal Immigration and Nationali-
ty Act.

This bill will require the Attorney General of the state of New York, by
October 1, 2018, to publish model policies limiting assistance with
immigration enforcement to the fullest extent possible consistent with
federal and state law at public schools, public libraries, health facil-
ities and shelters operated by the state or a political subdivision of
the state, courthouses, department of labor facilities, the department
of workers compensation and the department of social services, ensuring
that they remain safe and accessible to all New York residents, regard-
less of immigration status.

The Attorney General of the state of New York, by October 2018, shall
provide publish guidance, audit criteria, and training recommendation
aimed at ensuring that databases maintained for a state agency by
private vendors ensuring that those databases are governed in a manner
that limits the availability of information to the fullest extent prac-
ticable and consistent with federal and state law, to anyone for the
purpose of immigration enforcement.

Section two of this bill is amended by adding a new section 625 in
advance of any interview between the United States Immigration and
Customs Enforcement (ICE) and a person in department custody regarding
civil immigration violations, provide that person with a written consent
form that explains the purpose of the interview, that the interview is
voluntary, and that he or she may decline to be interviewed or may
choose to be interviewed only with his or her attorney present. This
section also restricts access to any in-prison educational or rehabili-
tative programming, or credit-earning opportunity on the sole basis of
citizenship or immigration status.

 
JUSTIFICATION:

The President's Executive Orders and the accompanying Department of
Homeland Security memorandums outline a mass deportation strategy that
will encompass a broad category of immigrants. These documents describe
the federal government's plan to use local law enforcement as 'force
multipliers' of immigration agents, relying heavily on police to help
them deport the greatest number of people possible.  Aggressive federal
immigration enforcement strategies are already underway.

ICE arrests in courthouses and outside of schools are alarming new
trends that have had chilling effects in the immigrant community. ICE
has publicly stated that courthouses provide the most effective access
to individuals under threat of deportation, and has almost tripled the
number of persons arrested in courthouses in 2017 compared to 2016,
according to a survey conducted by the Immigrant Defense Project. Even
more troubling is the cooperation between ICE and the New York Office of
Court Administration's (OCA) staff, who regularly assist ICE in obtain-
ing access to defendants, due to a lack of regulation or restriction on
such cooperation. The Attorney General of the State of New York has
publicly stated that federal immigration policies have had a damaging
effect on the trust found between local law enforcement and
immigrant/Latino populations.

Under the Trump administration, deportations have increased 40 percent,
including 10,800 non-criminals whose only violation was to enter the
country. When local police enforce immigration laws, they rapidly lose
the trust of the undocumented community. Crimes go unreported for fear
of deportation. The perpetrators roam free to strike again. Our communi-
ties become less - not more - safe.

A report by the University of Illinois published in 2013 found that '70
percent of undocumented immigrants reported they are less likely to
contact law enforcement authorities if they were victims of a crime.'
Furthermore, according to the Los Angeles Times, Los Angeles Chief of
Police Charlie Beck has stated that "sexual assault reports have dropped
25% among the city's Latino population since the beginning of 2017
compared with the same period last year, adding that reports of domestic
violence have fallen by 10%. Similar decreases were not seen in reports
of those crimes by other ethnic groups. This bill will prevent state and
local law enforcement agencies from acting as agents of Immigration and
Customs Enforcement, and restrict cooperation with them to arrest or
detain immigrants in New York. Instead, it will keep them focused on
community policing, rather than rounding up hardworking, honest immi-
grants who in many instances assist police in solving crimes rather than
committing them.

 
LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
This act shall effect on the ninetieth day after is shall become a law.

S7849 (ACTIVE) - Bill Text download pdf


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

                                  7849

                            I N  S E N A T E

                              March 5, 2018
                               ___________

Introduced  by  Sen. PERALTA -- 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 correction law, in relation to
  standards  and  policies  for  cooperation  with  federal  immigration
  authorities

  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
                COOPERATION WITH IMMIGRATION AUTHORITIES
SECTION 319.   DEFINITIONS.
        319-A. RESTRICTIONS ON NEW YORK LAW ENFORCEMENT AGENCY ACTIONS.
        319-B. STANDARDS FOR RESPONDING TO UNITED STATES IMMIGRATION AND
                 CUSTOMS ENFORCEMENT HOLDS.
        319-C. COOPERATION POLICIES.
        319-D. SEVERABILITY.
  §  319.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS HAVE THE FOLLOWING MEANINGS:
  1. "NEW YORK LAW ENFORCEMENT  AGENCY"  MEANS  A  STATE  OR  LOCAL  LAW
ENFORCEMENT  AGENCY,  INCLUDING  SCHOOL  POLICE OR SECURITY DEPARTMENTS.
"NEW YORK LAW ENFORCEMENT AGENCY" DOES NOT  INCLUDE  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION.
  2.  "LOCAL  AGENCY"  MEANS  ANY CITY, COUNTY, CITY AND COUNTY, SPECIAL
DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE.
  3. "LAW ENFORCEMENT OFFICIAL" MEANS ANY LOCAL AGENCY OR OFFICER  OF  A
LOCAL  AGENCY  AUTHORIZED  TO ENFORCE CRIMINAL STATUTES, REGULATIONS, OR
LOCAL ORDINANCES OR TO OPERATE JAILS OR TO MAINTAIN CUSTODY  OF  PERSONS
IN  JAILS, AND ANY PERSON OR LOCAL AGENCY AUTHORIZED TO OPERATE JUVENILE
DETENTION FACILITIES OR TO  MAINTAIN  CUSTODY  OF  PERSONS  IN  JUVENILE
DETENTION FACILITIES.
  4.  "CIVIL  IMMIGRATION  WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
FEDERAL CIVIL IMMIGRATION LAW, AND INCLUDES CIVIL  IMMIGRATION  WARRANTS
ENTERED IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13610-02-7

S. 7849                             2

  5. "IMMIGRATION AUTHORITY" MEANS ANY FEDERAL, STATE, OR LOCAL OFFICER,
EMPLOYEE, OR PERSON PERFORMING IMMIGRATION ENFORCEMENT FUNCTIONS.
  6.  "HEALTH FACILITY" MEANS HOSPITALS AS DEFINED IN SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW AND FACILITIES
AS DEFINED IN SUBDIVISION SIX OF SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  7. "IMMIGRATION ENFORCEMENT AGENCY"  MEANS  THE  UNITED  STATES  IMMI-
GRATION  AND  CUSTOMS  ENFORCEMENT  (ICE)  OR  UNITED STATES CUSTOMS AND
BORDER PROTECTION AS WELL AS ANY OTHER IMMIGRATION ENFORCEMENT  AUTHORI-
TY.
  8.  "HOLD  REQUEST"  MEANS  A  FEDERAL  IMMIGRATION ENFORCEMENT AGENCY
REQUEST THAT A NEW YORK LAW ENFORCEMENT  AGENCY  OR  THE  DEPARTMENT  OF
CORRECTIONS  AND  COMMUNITY  SUPERVISION  MAINTAIN  CUSTODY  OF A PERSON
CURRENTLY IN ITS CUSTODY BEYOND THE TIME HE OR SHE  WOULD  OTHERWISE  BE
ELIGIBLE  FOR  RELEASE  IN  ORDER  TO  FACILITATE  TRANSFER  TO  ICE AND
INCLUDES, BUT IS NOT LIMITED TO, DEPARTMENT OF HOMELAND  SECURITY  (DHS)
FORM I-247D.
  9.  "NOTIFICATION  REQUEST"  MEANS  AN  IMMIGRATION ENFORCEMENT AGENCY
REQUEST THAT A NEW YORK LAW ENFORCEMENT  AGENCY  OR  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION INFORM ICE OF THE RELEASE DATE AND
TIME  IN  ADVANCE OF THE PUBLIC OF A PERSON IN ITS CUSTODY AND INCLUDES,
BUT IS NOT LIMITED TO, DHS FORM I-247N.
  10. "TRANSFER REQUEST" MEANS AN IMMIGRATION ENFORCEMENT AGENCY REQUEST
THAT A NEW YORK LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF  CORRECTIONS
AND  COMMUNITY  SUPERVISION  FACILITATE  THE TRANSFER OF A PERSON IN ITS
CUSTODY TO ICE, AND INCLUDES, BUT IS NOT LIMITED TO, DHS FORM I-247X.
  11. "IMMIGRATION ENFORCEMENT" MEANS ANY AND ALL  EFFORTS  TO  INVESTI-
GATE,  ENFORCE,  OR  ASSIST  IN  THE INVESTIGATION OR ENFORCEMENT OF ANY
FEDERAL CIVIL IMMIGRATION LAW, AND ALSO INCLUDES ANY AND ALL EFFORTS  TO
INVESTIGATE,  ENFORCE,  OR ASSIST IN THE INVESTIGATION OR ENFORCEMENT OF
ANY FEDERAL CRIMINAL IMMIGRATION LAW THAT PENALIZES A PERSON'S  PRESENCE
IN, ENTRY, OR REENTRY TO, OR EMPLOYMENT IN, THE UNITED STATES.
  12.  "IMMIGRATION  HOLD"  MEANS  AN  IMMIGRATION DETAINER ISSUED BY AN
AUTHORIZED IMMIGRATION OFFICER, PURSUANT TO SECTION 287.7 OF TITLE EIGHT
OF THE CODE OF FEDERAL REGULATIONS, THAT REQUESTS THAT THE LAW  ENFORCE-
MENT OFFICIAL TO MAINTAIN CUSTODY OF A PERSON FOR A PERIOD NOT TO EXCEED
FORTY-EIGHT  HOURS,  EXCLUDING  SATURDAYS, SUNDAYS, AND HOLIDAYS, AND TO
ADVISE THE AUTHORIZED IMMIGRATION OFFICER PRIOR TO THE RELEASE  OF  SUCH
PERSON.
  13. "JOINT LAW ENFORCEMENT TASK FORCE" MEANS AT LEAST ONE NEW YORK LAW
ENFORCEMENT  AGENCY COLLABORATING, ENGAGING, OR PARTNERING WITH AT LEAST
ONE FEDERAL LAW ENFORCEMENT AGENCY IN  INVESTIGATING  FEDERAL  OR  STATE
CRIMES.
  14. "JUDICIAL PROBABLE CAUSE DETERMINATION" MEANS A DETERMINATION MADE
BY  A  FEDERAL  JUDGE  OR  FEDERAL  MAGISTRATE JUDGE THAT PROBABLE CAUSE
EXISTS THAT A PERSON HAS VIOLATED FEDERAL CRIMINAL IMMIGRATION  LAW  AND
THAT AUTHORIZES A LAW ENFORCEMENT OFFICER TO ARREST AND TAKE SUCH PERSON
INTO CUSTODY.
  15.  "JUDICIAL  WARRANT" MEANS A WARRANT BASED ON PROBABLE CAUSE FOR A
VIOLATION OF FEDERAL CRIMINAL IMMIGRATION LAW AND ISSUED  BY  A  FEDERAL
JUDGE  OR  A  FEDERAL MAGISTRATE JUDGE THAT AUTHORIZES A LAW ENFORCEMENT
OFFICER TO ARREST AND TAKE INTO CUSTODY THE PERSON WHO IS THE SUBJECT OF
THE WARRANT.
  16. "PUBLIC SCHOOLS" MEANS ALL PUBLIC ELEMENTARY AND SECONDARY SCHOOLS
UNDER THE JURISDICTION OF LOCAL GOVERNING BOARDS  OR  A  CHARTER  SCHOOL
BOARD,  THE  STATE  UNIVERSITY  AS DEFINED IN SUBDIVISION ONE OF SECTION
THREE HUNDRED FIFTY OF THE  EDUCATION  LAW  AND  COMMUNITY  COLLEGES  AS

S. 7849                             3

DEFINED  IN  SUBDIVISION  TWO  OF SECTION SIXTY-THREE HUNDRED ONE OF THE
EDUCATION LAW.
  17. "SCHOOL POLICE AND SECURITY DEPARTMENTS" INCLUDES POLICE AND SECU-
RITY  DEPARTMENTS  OF  THE  STATE  UNIVERSITY  OF  NEW  YORK,  COMMUNITY
COLLEGES, CHARTER SCHOOLS, PUBLIC ELEMENTARY AND SECONDARY  SCHOOLS  AND
SCHOOL DISTRICTS.
  §  319-A.  RESTRICTIONS ON NEW YORK LAW ENFORCEMENT AGENCY ACTIONS. 1.
NEW YORK LAW ENFORCEMENT AGENCIES SHALL NOT:
  (A) USE AGENCY OR  DEPARTMENT  MONEYS  OR  PERSONNEL  TO  INVESTIGATE,
INTERROGATE,  DETAIN, DETECT, OR ARREST PERSONS FOR IMMIGRATION ENFORCE-
MENT PURPOSES, INCLUDING ANY OF THE FOLLOWING:
  (I) INQUIRING INTO A PERSON'S IMMIGRATION STATUS.
  (II) DETAINING A PERSON ON THE BASIS OF A HOLD REQUEST.
  (III) PROVIDING INFORMATION  REGARDING  A  PERSON'S  RELEASE  DATE  OR
RESPONDING  TO  REQUESTS  FOR NOTIFICATION BY PROVIDING RELEASE DATES OR
OTHER INFORMATION UNLESS THAT INFORMATION IS AVAILABLE TO THE PUBLIC, OR
IS IN RESPONSE TO A NOTIFICATION REQUEST FROM IMMIGRATION AUTHORITIES IN
ACCORDANCE WITH  SECTION  THREE  HUNDRED  NINETEEN-B  OF  THIS  ARTICLE.
RESPONSES  ARE NEVER REQUIRED, BUT ARE PERMITTED UNDER THIS SUBDIVISION,
PROVIDED THAT THEY DO NOT VIOLATE ANY LOCAL LAW OR POLICY.
  (IV) PROVIDING PERSONAL INFORMATION  ABOUT  A  PERSON  AS  DEFINED  IN
SUBDIVISION  SEVEN  OF  SECTION  NINETY-TWO  OF THE PUBLIC OFFICERS LAW,
INCLUDING, BUT NOT LIMITED  TO,  SUCH  PERSON'S  HOME  ADDRESS  OR  WORK
ADDRESS UNLESS THAT INFORMATION IS AVAILABLE TO THE PUBLIC.
  (V)  MAKING  OR  INTENTIONALLY PARTICIPATING IN ARRESTS BASED ON CIVIL
IMMIGRATION WARRANTS.
  (VI) ASSISTING IMMIGRATION AUTHORITIES IN THE ACTIVITIES DESCRIBED  IN
PARAGRAPH THREE OF SUBSECTION (A) OF SECTION THIRTEEN HUNDRED FIFTY-SEV-
EN OF TITLE EIGHT OF THE UNITED STATES CODE.
  (VII)  PERFORMING  THE  FUNCTIONS  OF  AN IMMIGRATION OFFICER, WHETHER
PURSUANT TO SUBSECTION (G) OF SECTION THIRTEEN  HUNDRED  FIFTY-SEVEN  OF
TITLE  EIGHT  OF THE UNITED STATES CODE OR ANY OTHER LAW, REGULATION, OR
POLICY, WHETHER FORMAL OR INFORMAL.
  (B) PLACE PEACE OFFICERS UNDER THE SUPERVISION OF FEDERAL AGENCIES  OR
EMPLOY  PEACE  OFFICERS DEPUTIZED AS SPECIAL FEDERAL OFFICERS OR SPECIAL
FEDERAL DEPUTIES FOR PURPOSES  OF  IMMIGRATION  ENFORCEMENT.  ALL  PEACE
OFFICERS REMAIN SUBJECT TO NEW YORK LAW GOVERNING CONDUCT OF PEACE OFFI-
CERS AND THE POLICIES OF THE EMPLOYING AGENCY.
  (C)  USE  IMMIGRATION  AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT
MATTERS RELATING TO PERSONS IN AGENCY OR DEPARTMENT CUSTODY.
  (D) TRANSFER A PERSON TO IMMIGRATION AUTHORITIES UNLESS AUTHORIZED  BY
A  JUDICIAL  WARRANT  OR  JUDICIAL  PROBABLE  CAUSE DETERMINATION, OR IN
ACCORDANCE WITH SECTION THREE HUNDRED NINETEEN-B OF THIS ARTICLE.
  (E) PROVIDE OFFICE SPACE EXCLUSIVELY DEDICATED FOR IMMIGRATION AUTHOR-
ITIES FOR USE WITHIN A CITY OR COUNTY LAW ENFORCEMENT FACILITY.
  (F) CONTRACT WITH THE FEDERAL GOVERNMENT  FOR  USE  OF  NEW  YORK  LAW
ENFORCEMENT AGENCY FACILITIES TO HOUSE INDIVIDUALS AS FEDERAL DETAINEES.
  2. NOTWITHSTANDING THE LIMITATIONS IN SUBDIVISION ONE OF THIS SECTION,
THIS  SECTION  DOES NOT PREVENT ANY NEW YORK LAW ENFORCEMENT AGENCY FROM
DOING ANY OF THE FOLLOWING THAT DOES NOT VIOLATE ANY POLICY OF  THE  LAW
ENFORCEMENT  AGENCY  OR  ANY  LOCAL LAW OR POLICY OF THE JURISDICTION IN
WHICH THE AGENCY IS OPERATING:
  (A) INVESTIGATING, ENFORCING, OR DETAINING UPON  REASONABLE  SUSPICION
OF,  OR ARRESTING FOR A VIOLATION OF, SUBSECTION (A) OF SECTION THIRTEEN
HUNDRED TWENTY-SIX OF TITLE EIGHT OF THE UNITED STATES CODE THAT MAY  BE
SUBJECT  TO THE ENHANCEMENT SPECIFIED IN PARAGRAPH TWO OF SUBSECTION (B)

S. 7849                             4

OF SECTION THIRTEEN HUNDRED TWENTY-SIX OF  TITLE  EIGHT  OF  THE  UNITED
STATES  CODE  AND  THAT  IS DETECTED DURING AN UNRELATED LAW ENFORCEMENT
ACTIVITY. TRANSFERS TO IMMIGRATION AUTHORITIES ARE PERMITTED UNDER  SUCH
SUBSECTION  ONLY  IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION ONE OF
THIS SECTION.
  (B) RESPONDING TO A REQUEST FROM IMMIGRATION AUTHORITIES FOR  INFORMA-
TION  ABOUT  A  SPECIFIC  PERSON'S  CRIMINAL HISTORY, INCLUDING PREVIOUS
CRIMINAL ARRESTS, CONVICTIONS, OR SIMILAR CRIMINAL  HISTORY  INFORMATION
ACCESSED THROUGH THE DIVISION OF CRIMINAL JUSTICE SERVICES, WHERE OTHER-
WISE PERMITTED BY STATE LAW.
  (C)  CONDUCTING  ENFORCEMENT OR INVESTIGATIVE DUTIES ASSOCIATED WITH A
JOINT LAW ENFORCEMENT TASK FORCE, INCLUDING THE SHARING OF  CONFIDENTIAL
INFORMATION  WITH  OTHER  LAW  ENFORCEMENT AGENCIES FOR PURPOSES OF TASK
FORCE INVESTIGATIONS, SO LONG AS THE FOLLOWING CONDITIONS ARE MET:
  (I) THE PRIMARY PURPOSE OF THE JOINT LAW ENFORCEMENT TASK FORCE IS NOT
IMMIGRATION ENFORCEMENT, AS DEFINED IN  SUBDIVISION  ELEVEN  OF  SECTION
THREE HUNDRED NINETEEN OF THIS ARTICLE.
  (II)  THE ENFORCEMENT OR INVESTIGATIVE DUTIES ARE PRIMARILY RELATED TO
A VIOLATION OF STATE OR FEDERAL LAW UNRELATED  TO  IMMIGRATION  ENFORCE-
MENT.
  (III)  PARTICIPATION  IN  THE TASK FORCE BY A NEW YORK LAW ENFORCEMENT
AGENCY DOES NOT VIOLATE ANY LOCAL LAW OR POLICY TO WHICH IT IS OTHERWISE
SUBJECT.
  (D) MAKING INQUIRIES INTO INFORMATION NECESSARY TO  CERTIFY  A  PERSON
WHO HAS BEEN IDENTIFIED AS A POTENTIAL CRIME OR TRAFFICKING VICTIM FOR A
T  OR  U VISA PURSUANT TO SUBPARAGRAPHS (T) AND (U) OF PARAGRAPH FIFTEEN
OF SUBSECTION (A) OF SECTION ELEVEN HUNDRED ONE OF TITLE  EIGHT  OF  THE
UNITED STATES CODE OR TO COMPLY WITH PARAGRAPH FIVE OF SUBSECTION (D) OF
SECTION  NINE  HUNDRED TWENTY-TWO OF TITLE EIGHTEEN OF THE UNITED STATES
CODE.
  (E) GIVING IMMIGRATION AUTHORITIES ACCESS TO  INTERVIEW  A  PERSON  IN
AGENCY OR DEPARTMENT CUSTODY.
  3.  (A) IF A NEW YORK LAW ENFORCEMENT AGENCY CHOOSES TO PARTICIPATE IN
A JOINT LAW ENFORCEMENT TASK FORCE, FOR WHICH SUCH AGENCY HAS AGREED  TO
DEDICATE  PERSONNEL  OR RESOURCES ON AN ONGOING BASIS, SUCH AGENCY SHALL
SUBMIT A REPORT ANNUALLY TO THE DIVISION OF CRIMINAL  JUSTICE  SERVICES.
SUCH  AGENCY  SHALL REPORT THE FOLLOWING INFORMATION, IF KNOWN, FOR EACH
TASK FORCE OF WHICH IT IS A MEMBER:
  (I) THE PURPOSE OF THE TASK FORCE;
  (II) THE FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT AGENCIES INVOLVED;
  (III) THE TOTAL NUMBER OF ARRESTS MADE DURING  THE  REPORTING  PERIOD;
AND
  (IV)  THE  NUMBER  OF  PEOPLE  ARRESTED  FOR  IMMIGRATION  ENFORCEMENT
PURPOSES.
  (B) ALL LAW ENFORCEMENT AGENCIES SHALL REPORT ANNUALLY TO THE DIVISION
OF CRIMINAL JUSTICE SERVICES, IN A MANNER SPECIFIED BY THE  COMMISSIONER
OF  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES, THE NUMBER OF TRANSFERS
PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF THIS  SECTION,  AND  THE
OFFENSE THAT ALLOWED FOR THE TRANSFER, PURSUANT TO SUCH PARAGRAPH.
  (C)  ALL RECORDS DESCRIBED IN THIS SUBDIVISION SHALL BE PUBLIC RECORDS
FOR PURPOSES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  (D) IF MORE THAN ONE NEW YORK LAW ENFORCEMENT AGENCY IS  PARTICIPATING
IN  A  JOINT TASK FORCE THAT MEETS THE REPORTING REQUIREMENT PURSUANT TO
THIS SECTION, THE JOINT TASK FORCE SHALL  DESIGNATE  A  LOCAL  OR  STATE
AGENCY RESPONSIBLE FOR COMPLETING THE REPORTING REQUIREMENT.

S. 7849                             5

  4.  THE  COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, BY
MARCH FIRST, TWO  THOUSAND  NINETEEN,  AND  ANNUALLY  THEREAFTER,  SHALL
REPORT ON THE TOTAL NUMBER OF ARRESTS MADE BY JOINT LAW ENFORCEMENT TASK
FORCES,  AND  THE  TOTAL NUMBER OF ARRESTS MADE FOR THE PURPOSE OF IMMI-
GRATION  ENFORCEMENT  BY  ALL TASK FORCE PARTICIPANTS, INCLUDING FEDERAL
LAW ENFORCEMENT AGENCIES. TO THE EXTENT THAT DISCLOSURE OF A  PARTICULAR
ITEM OF INFORMATION WOULD ENDANGER THE SAFETY OF A PERSON INVOLVED IN AN
INVESTIGATION, OR WOULD ENDANGER THE SUCCESSFUL COMPLETION OF THE INVES-
TIGATION  OR  A  RELATED  INVESTIGATION,  THAT  INFORMATION SHALL NOT BE
INCLUDED IN SUCH REPORT. THE COMMISSIONER OF THE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES SHALL POST THE REPORTS REQUIRED BY THIS SUBDIVISION ON
THE DIVISION OF CRIMINAL JUSTICE SERVICES INTERNET WEB SITE.
  5. THIS SECTION DOES NOT PROHIBIT OR RESTRICT ANY GOVERNMENT ENTITY OR
OFFICIAL FROM SENDING TO, OR RECEIVING FROM, FEDERAL IMMIGRATION AUTHOR-
ITIES, INFORMATION REGARDING  THE  CITIZENSHIP  OR  IMMIGRATION  STATUS,
LAWFUL  OR  UNLAWFUL, OF A PERSON, OR FROM REQUESTING FROM FEDERAL IMMI-
GRATION AUTHORITIES IMMIGRATION STATUS INFORMATION, LAWFUL OR  UNLAWFUL,
OF  ANY  PERSON,  OR MAINTAINING OR EXCHANGING THAT INFORMATION WITH ANY
OTHER FEDERAL, STATE, OR LOCAL GOVERNMENT ENTITY, PURSUANT  TO  SECTIONS
THIRTEEN  HUNDRED  SEVENTY-THREE AND SIXTEEN HUNDRED FORTY-FOUR OF TITLE
EIGHT OF THE UNITED STATES CODE.
  6. NOTHING IN THIS SECTION SHALL PROHIBIT A NEW YORK  LAW  ENFORCEMENT
AGENCY FROM ASSERTING ITS OWN JURISDICTION OVER CRIMINAL LAW ENFORCEMENT
MATTERS.
  §  319-B.  STANDARDS  FOR  RESPONDING TO UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT HOLDS. 1. A  LAW  ENFORCEMENT  OFFICIAL  SHALL  HAVE
DISCRETION  TO  COOPERATE  WITH IMMIGRATION AUTHORITIES ONLY IF DOING SO
WOULD NOT VIOLATE ANY FEDERAL, STATE, OR LOCAL LAW, OR LOCAL POLICY, AND
WHERE PERMITTED BY SECTION THREE HUNDRED  NINETEEN-A  OF  THIS  ARTICLE.
ADDITIONALLY, THE SPECIFIC ACTIVITIES DESCRIBED IN SUBPARAGRAPH (III) OF
PARAGRAPH (A) OF SUBDIVISION ONE OF SUCH SECTION AND IN PARAGRAPH (D) OF
SUBDIVISION  ONE  OF  SUCH  SECTION SHALL ONLY OCCUR UNDER THE FOLLOWING
CIRCUMSTANCES:
  (A) SUCH PERSON HAS BEEN CONVICTED OF A VIOLENT FELONY AS  DEFINED  IN
SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW.
  (B) SUCH PERSON HAS BEEN CONVICTED OF A FELONY PUNISHABLE BY IMPRISON-
MENT IN THE STATE PRISON.
  (C)  SUCH  PERSON  HAS  BEEN CONVICTED WITHIN THE PAST FIVE YEARS OF A
MISDEMEANOR FOR A CRIME THAT IS PUNISHABLE AS EITHER A MISDEMEANOR OR  A
FELONY, OR HAS BEEN CONVICTED WITHIN THE LAST FIFTEEN YEARS OF A FELONY.
  (D)  SUCH  PERSON  IS  A  CURRENT REGISTRANT ON THE STATE SEX OFFENDER
REGISTRY PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
  (E) SUCH PERSON HAS BEEN CONVICTED OF A FEDERAL CRIME THAT  MEETS  THE
DEFINITION  OF AN AGGRAVATED FELONY AS SET FORTH IN SUBPARAGRAPHS (A) TO
(P), INCLUSIVE, OF PARAGRAPH FORTY-THREE OF SUBSECTION  (A)  OF  SECTION
ONE HUNDRED ONE OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT (8 U.S.C.
SEC. 1101), OR IS IDENTIFIED BY THE UNITED STATES DEPARTMENT OF HOMELAND
SECURITY'S  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT  AS THE SUBJECT OF AN
OUTSTANDING FEDERAL FELONY ARREST WARRANT.
  2. IN CASES IN WHICH A PERSON IS ARRESTED AND TAKEN  BEFORE  A  MAGIS-
TRATE  ON A CHARGE INVOLVING A VIOLENT FELONY, AS DEFINED IN SUBDIVISION
ONE OF SECTION 70.02 OF THE PENAL LAW, OR A FELONY THAT IS PUNISHABLE BY
IMPRISONMENT IN STATE PRISON, AND THE COURT MAKES A FINDING  OF  REASON-
ABLE  CAUSE AS TO THAT CHARGE PURSUANT TO SECTION 180.70 OF THE CRIMINAL
PROCEDURE LAW,  A  LAW  ENFORCEMENT  OFFICIAL  SHALL  ADDITIONALLY  HAVE
DISCRETION  TO COOPERATE WITH IMMIGRATION OFFICIALS PURSUANT TO SUBPARA-

S. 7849                             6

GRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
NINETEEN-A OF THIS ARTICLE.
  § 319-C. COOPERATION POLICIES. 1. THE ATTORNEY GENERAL OF THE STATE OF
NEW  YORK, BY OCTOBER FIRST, TWO THOUSAND EIGHTEEN, IN CONSULTATION WITH
APPROPRIATE STAKEHOLDERS, SHALL PUBLISH MODEL POLICIES LIMITING  ASSIST-
ANCE  WITH  IMMIGRATION  ENFORCEMENT  TO  THE  FULLEST  EXTENT  POSSIBLE
CONSISTENT  WITH  FEDERAL  AND  STATE  LAW  AT  PUBLIC  SCHOOLS,  PUBLIC
LIBRARIES,  HEALTH  FACILITIES  AND  SHELTERS OPERATED BY THE STATE OR A
POLITICAL SUBDIVISION OF THE STATE,  COURTHOUSES,  DEPARTMENT  OF  LABOR
FACILITIES, THE DEPARTMENT OF WORKERS COMPENSATION AND THE DEPARTMENT OF
SOCIAL  SERVICES,  AND  ENSURING THAT THEY REMAIN SAFE AND ACCESSIBLE TO
ALL NEW YORK RESIDENTS, REGARDLESS OF  IMMIGRATION  STATUS.  ALL  PUBLIC
SCHOOLS, HEALTH FACILITIES OPERATED BY THE STATE OR A POLITICAL SUBDIVI-
SION OF THE STATE, AND COURTHOUSES SHALL IMPLEMENT SUCH MODEL POLICY, OR
AN EQUIVALENT POLICY.
  2. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
CIES,  INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE VENDORS,
THE ATTORNEY GENERAL OF THE STATE OF NEW YORK SHALL, BY  OCTOBER  FIRST,
TWO  THOUSAND  EIGHTEEN,  IN CONSULTATION WITH APPROPRIATE STAKEHOLDERS,
PUBLISH GUIDANCE, AUDIT CRITERIA, AND TRAINING RECOMMENDATIONS AIMED  AT
ENSURING  THAT  THOSE DATABASES ARE GOVERNED IN A MANNER THAT LIMITS THE
AVAILABILITY OF INFORMATION THEREIN TO THE  FULLEST  EXTENT  PRACTICABLE
AND  CONSISTENT  WITH FEDERAL AND STATE LAW, TO ANYONE OR ANY ENTITY FOR
THE PURPOSE OF IMMIGRATION ENFORCEMENT. ALL STATE AND LOCAL LAW ENFORCE-
MENT AGENCIES SHALL ADOPT NECESSARY CHANGES TO DATABASE GOVERNANCE POLI-
CIES CONSISTENT WITH SUCH GUIDANCE.
  § 319-D. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN  ITS  OPERATION  TO
THE  CLAUSE,  SENTENCE,  PARAGRAPH,  SECTION  OR  PART  THEREOF DIRECTLY
INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
RENDERED.
  § 2. The correction law is amended by adding a new section 625 to read
as follows:
  § 625. COOPERATION WITH UNITED STATES IMMIGRATION AND CUSTOMS ENFORCE-
MENT. 1. THE DEPARTMENT SHALL:
  (A)  IN ADVANCE OF ANY INTERVIEW BETWEEN THE UNITED STATES IMMIGRATION
AND CUSTOMS ENFORCEMENT (ICE) AND A PERSON IN DEPARTMENT CUSTODY REGARD-
ING CIVIL IMMIGRATION VIOLATIONS, PROVIDE SUCH  PERSON  WITH  A  WRITTEN
CONSENT FORM THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTER-
VIEW  IS  VOLUNTARY, AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR
MAY CHOOSE TO BE INTERVIEWED ONLY WITH HIS OR HER ATTORNEY PRESENT.
  (B) UPON RECEIVING ANY ICE HOLD, NOTIFICATION, OR TRANSFER REQUEST, AS
DEFINED IN SECTION THREE HUNDRED NINETEEN OF THE EXECUTIVE LAW,  PROVIDE
A  COPY  OF THE REQUEST TO SUCH PERSON AND INFORM HIM OR HER WHETHER THE
DEPARTMENT INTENDS TO COMPLY WITH THE REQUEST.
  2. THE DEPARTMENT SHALL NOT:
  (A) RESTRICT ACCESS TO ANY  IN-PRISON  EDUCATIONAL  OR  REHABILITATIVE
PROGRAMMING, OR CREDIT-EARNING OPPORTUNITY ON THE SOLE BASIS OF CITIZEN-
SHIP  OR  IMMIGRATION  STATUS,  INCLUDING, BUT NOT LIMITED TO, WHETHER A
PERSON IS IN REMOVAL PROCEEDINGS, OR IMMIGRATION AUTHORITIES HAVE ISSUED
A HOLD REQUEST, TRANSFER REQUEST, NOTIFICATION REQUEST, OR  CIVIL  IMMI-
GRATION WARRANT AGAINST SUCH PERSON.
  (B)  CONSIDER CITIZENSHIP AND IMMIGRATION STATUS AS A FACTOR IN DETER-
MINING A PERSON'S CUSTODIAL CLASSIFICATION  LEVEL,  INCLUDING,  BUT  NOT

S. 7849                             7

LIMITED  TO,  WHETHER  SUCH PERSON IS IN REMOVAL PROCEEDINGS, OR WHETHER
IMMIGRATION AUTHORITIES HAVE ISSUED A HOLD  REQUEST,  TRANSFER  REQUEST,
NOTIFICATION REQUEST, OR CIVIL IMMIGRATION WARRANT AGAINST SUCH PERSON.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.

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The New York State Senate

senate Bill S7849

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Archive: Last Bill Status - In Senate Committee Finance Committee

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S7849 (ACTIVE) - Details

S7849 (ACTIVE) - Summary

S7849 (ACTIVE) - Sponsor Memo

S7849 (ACTIVE) - Bill Text download pdf

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senate Bill S7849

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Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Finance Committee

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Co-Sponsors

Luis R. Sepúlveda

S7849 (ACTIVE) - Details

S7849 (ACTIVE) - Summary

S7849 (ACTIVE) - Sponsor Memo

S7849 (ACTIVE) - Bill Text download pdf

Comments