NY State Senate Bill S3341

Archive: Last Bill Status - In Senate Committee Finance Committee

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

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Feb 05, 2019	referred to finance

Co-Sponsors

S3341 (ACTIVE) - Details

See Assembly Version of this Bill:: A5325
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §844, Exec L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7228
2015-2016: A6382
2017-2018: A1247
2021-2022: S4398
2023-2024: S4575

S3341 (ACTIVE) - Summary

Prohibits law enforcement agencies or officers from inquiring about immigration status unless a person is booked into a detention facility or the immigration status of a person is pertinent to the criminal investigation.

S3341 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3341

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting a law
enforcement agency or officer from inquiring about immigration status

 
PURPOSE:

To limit the inquiry into the immigration status of an individual by a
law enforcement officer during the course of an investigation unless the
individual is booked into a detention facility or is arrested for a
breach of New York State Penal Code and immigration status is pertinent
to the criminal investigation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section I of the bill amends the executive law by adding new section 844
to limit the inquiry into immigration status by a law enforcement agency
or officer.

Section II sets forth the effective date.

 
JUSTIFICATION:

In 2008, Immigration and Customs Enforcement (ICE) created the Secure
Communities program. Under this program, when an individual is booked in
jail and fingerprinted, Immigration and Customs Enforcement (ICE) is
automatically notified of a match in an immigration database.  New York
State's participation in the Secure Communities program was suspended in
2011 after concerns were raised over the program's implementation and
the impact it would have on immigrant communities.  It was also revealed
that crime fighting efforts at the local and state level were negatively
impacted as people became fearful to serve as witnesses to crimes.

Upon its creation, participation in the Secure Communities program was
voluntary. As of 2013 when it became mandatory, municipalities across
the United States including Los Angeles, Austin, New Haven, and Chicago
began challenging the mandate. New York City remains the most hesitant
in enforcing the program. Elected officials, community organizations,
and residents have strongly voiced their opposition after it was
revealed that many of the immigrants who were being deported did not
have criminal backgrounds.

The intention to make our communities safer should not go against what
New York stands for as a state that welcomes the diversity of immigrant
families. Since its inception, Secure Communities has instilled fear in
immigrant neighborhoods and we must ensure that the resources of local
and state police are only being used to target individuals who pose a
serious threat to our society.

This bill would limit inquiry into the immigration status of an individ-
ual by a law enforcement officer during the course of an investigation
unless the individual has been booked into a detention facility, has
violated penal code, and his or her status is relevant to the criminal
investigation. Requiring these protections is a reflection of New York's
long history of providing immigrants opportunity and safety.

 
LEGISLATIVE HISTORY:

2017-2018: A.1247 (Rozic)-Referred to Codes
2015-2016: S.3714 (Espaillat)-Referred to Finance/A.6382 (Rozic) -
Referred to Codes
2014: S.1748 (Espaillat)-Referred to Finance/A.7228 (Rosa) - Referred to
Codes

 
FISCAL IMPACT TO THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3341 (ACTIVE) - Bill Text download pdf


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

                                  3341

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in  relation  to  prohibiting  a  law
  enforcement agency or officer from inquiring about immigration status

  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 section 844 to
read as follows:
  § 844. INQUIRY INTO IMMIGRATION STATUS LIMITED.  A.  IN  CONDUCTING  A
ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITY, INCLUDING AN INTERVIEW, A
DETENTION,  A  TRAFFIC STOP, A PEDESTRIAN STOP, A FRISK OR OTHER TYPE OF
BODILY SEARCH OR A SEARCH OF PERSONAL OR REAL PROPERTY, A  LAW  ENFORCE-
MENT AGENCY OR A LAW ENFORCEMENT OFFICER SHALL NOT INQUIRE ABOUT OR SEEK
PROOF OF A PERSON'S IMMIGRATION STATUS.
  B.  IN  CONDUCTING  AN  INVESTIGATORY  ACTIVITY  IN CONNECTION WITH AN
INVESTIGATION, A LAW ENFORCEMENT AGENCY OR  A  LAW  ENFORCEMENT  OFFICER
SHALL  NOT  INQUIRE ABOUT OR SEEK PROOF OF A VICTIM'S OR WITNESS'S IMMI-
GRATION STATUS.
  C. IN CONDUCTING AN  INVESTIGATORY  ACTIVITY  IN  CONNECTION  WITH  AN
INVESTIGATION,  A  LAW  ENFORCEMENT  AGENCY OR A LAW ENFORCEMENT OFFICER
SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A PERSON'S IMMIGRATION  STATUS,
UNLESS:
  (1) THE PERSON IS BOOKED INTO A DETENTION FACILITY; OR
  (2)  THE  PERSON  IS  ARRESTED FOR A VIOLATION OF THE PENAL LAW OF THE
STATE OR A POLITICAL SUBDIVISION OF THE STATE AND THE IMMIGRATION STATUS
OF THAT PERSON IS PERTINENT TO THE CRIMINAL INVESTIGATION.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00977-01-9

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The New York State Senate

senate Bill S3341

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

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Co-Sponsors

S3341 (ACTIVE) - Details

S3341 (ACTIVE) - Summary

S3341 (ACTIVE) - Sponsor Memo

S3341 (ACTIVE) - Bill Text download pdf

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senate Bill S3341

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Sponsored By

Jessica Ramos

Archive: Last Bill Status - In Senate Committee Finance Committee

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Co-Sponsors

Liz Krueger

S3341 (ACTIVE) - Details

S3341 (ACTIVE) - Summary

S3341 (ACTIVE) - Sponsor Memo

S3341 (ACTIVE) - Bill Text download pdf

Comments