Senate Bill S5242

2019-2020 Legislative Session

Creates the "Dignity for Immigrants in New York State Act", prohibiting detention of individuals based only on the violation of federal immigration laws

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance 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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2019-S5242 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §844, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5960
2015-2016: S1163
2017-2018: S3084
2021-2022: S1437
2023-2024: S1457

2019-S5242 (ACTIVE) - Summary

Creates the "Dignity for Immigrants in New York State Act", prohibiting detention of individuals based only on the violation of federal immigration laws.

2019-S5242 (ACTIVE) - Sponsor Memo

2019-S5242 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5242
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced  by Sens. SERRANO, KRUEGER -- 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 creating  the  Dignity
   for  Immigrants  in New York State Act prohibiting state and local law
   enforcement agencies from detaining  individuals  based  only  on  the
   violation of federal immigration laws
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "Dignity
 for Immigrants in New York State Act".
   §  2. The executive law is amended by adding a new section 844 to read
 as follows:
   § 844. DETAINMENT FOR VIOLATION OF FEDERAL  IMMIGRATION  LAWS.  A  LAW
 ENFORCEMENT  AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
 SHALL NOT DETAIN PERSONS OTHERWISE ELIGIBLE  FOR  RELEASE  FROM  CUSTODY
 WHOSE ONLY VIOLATION OF LAW IS THAT THEY ARE PERSONS OF FOREIGN CITIZEN-
 SHIP  WHO HAVE ENTERED OR ARE RESIDING IN THE UNITED STATES IN VIOLATION
 OF FEDERAL IMMIGRATION LAWS IN TITLE 8 OF THE UNITED STATES CODE; UNLESS
 SUCH PERSON HAS BEEN CONVICTED OF A VIOLENT FELONY OFFENSE AS DEFINED IN
 SECTION 70.02 OF THE PENAL LAW OR CONVICTED WITHIN THE PAST  FIVE  YEARS
 OF  ANY OF THE FOLLOWING MISDEMEANORS: 1. ASSAULT IN THE THIRD DEGREE AS
 DEFINED IN SECTION 120.00 OF THE PENAL LAW; 2. RECKLESS ENDANGERMENT  IN
 THE  SECOND  DEGREE  AS  DEFINED  IN SECTION 120.20 OF THE PENAL LAW; 3.
 SEXUAL MISCONDUCT AS DEFINED IN SECTION 130.20  OF  THE  PENAL  LAW;  4.
 FORCIBLE  TOUCHING  AS  DEFINED  IN  SECTION 130.52 OF THE PENAL LAW; 5.
 SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION  130.60  OF  THE
 PENAL  LAW; 6. KILLING OR INJURING A POLICE ANIMAL AS DEFINED IN SECTION
 195.06 OF THE PENAL LAW; 7. HARMING AN ANIMAL TRAINED TO  AID  A  PERSON
 WITH  A  DISABILITY  IN THE FIRST DEGREE AS DEFINED IN SECTION 195.12 OF
 THE PENAL LAW; 8. UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS  DEFINED
 IN  SECTION  135.05  OF  THE  PENAL LAW; 9. ENDANGERING THE WELFARE OF A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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