NY State Senate Bill 2021-S3076

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
May 29, 2022	print number 3076b
May 29, 2022	amend and recommit to codes
Jan 05, 2022	referred to codes
May 06, 2021	print number 3076a
May 06, 2021	amend and recommit to codes
Jan 27, 2021	referred to codes

Bill Amendments

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2021-S3076 - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art 19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7562
2023-2024: S987

2021-S3076 - Summary

Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status.

2021-S3076 - Sponsor Memo

                                
 
BILL NUMBER: S3076

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the criminal procedure law, the executive law, the
general municipal law and the correction law, in relation to prohibiting
and regulating the discovery and disclosure of immigration status; and
to repeal certain provisions of the correction law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures appropriate use of state and local resources by limiting the use
of state and local resources for immigration enforcement purposes.

 
SUMMARY OF PROVISIONS:

Section one amends Criminal Procedure Law section 1.20 to add five new
definitional subdivisions, 46 - 50 to define the terms "immigration
authorities", "immigration enforcement", "immigration law", "immigration
detainer", and "civil immigration warrant."

Section two adds a new article 145 to the criminal procedure law. This
article defines the duties of police officers, peace officers, and
school resource officers with regard to immigration enforcement. It
prohibits officers from using public resources for immigration enforce-
ment except when required by law, prohibits investigations, interro-
gations, inquiries, or collection of information about immigration law
violations or about immigration status, nationality, or country of
origin except when required by law; prohibits notifications of release
date or court dates; prohibits transfer of people to ICE custody;
prohibits entering a person's immigration status into a database unless
necessary for a public program or benefit; prohibits the use of Immi-
gration and Customs Enforcement (ICE) or Customs and Border Protection
CBP) as interpreters, and requires written notice of rights to inmates
if ICE/CBP are allowed access for interviews. It does not prohibit offi-
cers from complying with valid court orders or federal judicial
warrants.

Section three adds a new section 256-b to the executive law. This
section defines the duties of local probation departments with regard to
immigration enforcement. It prohibits probation officers from inquiring
about immigration status, nationality, or country of origin except when
required by law or necessary for a public program or benefit; prohibits
communication with immigration authorities about people who are or have
been under department supervision and prohibits disclosure of informa-
tion; prohibits collection of information about a person's citizenship,
immigration status, nationality, or country of origin unless required by
law or necessary for a public program or benefit; prohibits investi-
gations or interrogations about immigration law violations; prohibits
access to non-public areas of the probation agency property by non-local
law enforcement agencies without a judicial warrant; requires written
notice to inmates if ICE/CBP are allowed access for interviews; prohib-
its entering immigration status into a departmental database unless
necessary for a public program or benefit, prohibits investigating
a.person's immigration status or history (including providing such
information in court-ordered reports); and prohibits the use of ICE or
CBP as interpreters. It does not prohibit local probation agencies from
complying with valid court orders or federal judicial warrants.
Section four adds a new article 15-AA to the executive law. This article
defines the duties of state employees with regard to immigration
enforcement. It prohibits state employees from using public resources
for immigration enforcement, restricts disclosure of an individual's
personally identifiable information such as name, social security
number, physical description, home address or telephone number to immi-
gration authorities; prohibits investigations or interrogations about
immigration law violations; prohibits inquiries about immigration
status, nationality, or country of origin except when required by law or
necessary for a public program or benefit; prohibits access by non-local
law enforcement to non-public areas of state property without a judicial
warrant; prohibits entering immigration status into a state database
unless necessary for a public program or benefit, prohibits the use of
ICE or CBP as interpreters and requires reporting on communications with
immigration authorities. It does not prohibit state employees from
complying with valid court orders or federal judicial warrants.

Section five adds a new article 19-c to the general municipal law.  This
article defines the duties of county, town, city, and village employees
with regard to immigration enforcement. It mirrors the same prohibitions
that are established in Section 4 relating to state employees.

Section six adds a new subdivision 4-a to section 500-c of the
correction law to ban 287(g) agreements under the Immigration and
Nationality Act and requires jail administrators to ensure that
corrections officers do not engage in immigration enforcement.

Section seven repeals section 147 of the corrections law that requires
correctional facilities to investigate immigrants and share that infor-
mation with immigration authorities.

Section eight repeals section 500-f of the corrections law that requires
jails to collect and make public information such as a person's place of
birth, social relations, education, criminal history, discharge, and
employment details.

Section nine adds a new subdivision 3 to section 621 of the correction
law to require law enforcement officers and agencies furnishing informa-
tion to agencies of other jurisdictions to obtain a certification that
such information will not be used for immigration enforcement.

Section ten adds a new section 63-e to the executive law to require the
attorney general to create guidance on governing databases that limits
the availability of information for immigration enforcement to the full-
est extent possible and consistent with federal and state law and
further requires the attorney general to establish a system to solicit
and receive complaints from the public about the improper use of
resources by state or local entities or employees for immigration
enforcement or the improper sharing of information.

Section eleven makes the bill effective immediately.

 
JUSTIFICATION:

The role of state and local government and law enforcement is to admin-
ister public services and promote public safety under the laws of New
York State and its municipalities, not to enforce federal immigration
law. However, state and local resources are too often misdirected to
assist immigration authorities in performing duties that fall outside
the realm of state and local concern. This entanglement with immigration
enforcement undermines the core mission of state and local law enforce-
ment by creating mistrust in immigrant communities and causing immi-
grants to abstain from reporting crimes or cooperating with investi-
gations. Immigrant New Yorkers who are the victims of crimes and are
seeking the assistance of local authorities cannot avail themselves of
appropriate government services. This entanglement also encourages
racial profiling by providing incentives to make pretextual arrests to
transfer people to the custody of immigration authorities.

State and local government has no obligation to participate in immi-
gration enforcement. As the New York Supreme Court, Appellate Division,
Second Department, recently affirmed, the New York Criminal Procedure
Law provides no authority for police officers and peace officers in New
York to make arrests for civil immigration violations absent a judicial
warrant. (See The People, ex rel. Jordan Wells, on behalf of Susai Fran-
cis v. DeMarco, 168 A.D.3d 31 (2d Dept 2018)).  This legislation adds to
these existing restrictions on law enforcement officers' authority by
restricting information sharing with immigration authorities, prohibit-
ing formal agreements to enforce immigration law, and making clear that
public resources should not be used for immigration enforcement
purposes. The legislation also extends those limitations to other state
and local officials and employees.

 
SOCIAL JUSTICE IMPACT:  Disentangling local law enforcement from immi-
gration enforcement is critical to protect the rights of all New York-
ers, ensure that state and local officers can perform their core duties,
promote community trust, and prevent disruption of workplaces, families
and support systems throughout the state. Doing so will help keep irre-
placeable workers in the workplace, maintain important sources of tax
revenue, and prevent unnecessary dependence on social services, aiding
New York taxpayers and the state economy while benefiting all residents
of New York State.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S 7562 / A 9586 introduced 1/2020 and referred to Codes commit-
tees in each house.

 
FISCAL IMPLICATIONS:

This bill would result in fiscal savings for municipalities and the
state and would also result in increased tax revenue.

 
EFFECTIVE DATE:
Immediately.

2021-S3076 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3076
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  BRISPORT,  GIANARIS,  HOYLMAN, JACKSON,
   KRUEGER, MYRIE, RAMOS -- 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 executive law, the
   general municipal law and the correction law, in relation to prohibit-
   ing and regulating the discovery and disclosure of immigration status;
   and to repeal certain provisions of the correction law relating there-
   to
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1.20 of the criminal procedure law is amended by
 adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
   46. "IMMIGRATION AUTHORITIES" MEANS ANY OFFICER, EMPLOYEE, OR  GOVERN-
 MENT  EMPLOYEE  WHO  IS RESPONSIBLE FOR ENFORCEMENT OF THE FEDERAL IMMI-
 GRATION AND NATIONALITY ACT, INCLUDING ANY OFFICER OR  AGENT  OF  UNITED
 STATES  IMMIGRATION AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS AND
 BORDER PROTECTION.
   47. "IMMIGRATION ENFORCEMENT"  MEANS  THE  ENFORCEMENT  OF  ANY  CIVIL
 PROVISION  OF  THE  FEDERAL  IMMIGRATION  AND  NATIONALITY  ACT  OR  ANY
 PROVISION OF LAW THAT PENALIZES A PERSON'S PRESENCE IN, ENTRY  INTO,  OR
 REENTRY INTO THE UNITED STATES.
   48.  "IMMIGRATION  LAW" MEANS ANY CIVIL PROVISION OF THE FEDERAL IMMI-
 GRATION AND NATIONALITY ACT AND ANY PROVISION OF LAW  THAT  PENALIZES  A
 PERSON'S PRESENCE IN, ENTRY INTO, OR REENTRY INTO THE UNITED STATES.
   49. "IMMIGRATION DETAINER" MEANS ANY DOCUMENT, FORM, OR OTHER COMMUNI-
 CATION  REQUESTING OR DIRECTING THAT A POLICE OFFICER, PEACE OFFICER, OR
 GOVERNMENT ENTITY DETAIN OR MAINTAIN CUSTODY OF AN INDIVIDUAL,  FOR  ANY
 PERIOD OF TIME, FOR PICKUP BY OR TRANSFER TO IMMIGRATION AUTHORITIES.
   50.  "CIVIL  IMMIGRATION WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
 CIVIL IMMIGRATION LAW THAT IS NOT ISSUED BY A JUDGE  APPOINTED  PURSUANT
 TO ARTICLE III OF THE UNITED STATES CONSTITUTION OR A FEDERAL MAGISTRATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03012-01-1

 S. 3076                             2
 
 JUDGE  APPOINTED  PURSUANT  TO  28  USC  § 631, AND INCLUDES ANY WARRANT
 ENTERED INTO THE NATIONAL CRIME INFORMATION CENTER DATABASE.
   § 2. The criminal procedure law is amended by adding a new article 145
 to read as follows:
                                ARTICLE 145
    PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
              OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
 SECTION 145.05  DUTIES  OF  POLICE  OFFICERS, PEACE OFFICERS, AND SCHOOL
                  RESOURCE OFFICERS; IMMIGRATION.
         145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
         145.15 IMMIGRATION  DETAINER;  QUESTIONING,   INVESTIGATION   OR
                  INTERROGATION PROHIBITED.
         145.20 INQUIRY  INTO  AND COLLECTION  OF INFORMATION ABOUT CITI-
                  ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
         145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
         145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
         145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
         145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
         145.45 WRITTEN CONSENT FOR INTERVIEW.
         145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
         145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
         145.60 APPLICATION OF LAWS.
 § 145.05 DUTIES OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL  RESOURCE
            OFFICERS; IMMIGRATION.
   THE  DUTIES  AND  AUTHORITY  OF  POLICE  OFFICERS, PEACE OFFICERS, AND
 SCHOOL RESOURCE OFFICERS SHALL NOT INCLUDE AUTHORITY TO ENGAGE IN  IMMI-
 GRATION   ENFORCEMENT.  POLICE  OFFICERS,  PEACE  OFFICERS,  AND  SCHOOL
 RESOURCE  OFFICERS  SHALL  NOT  USE  PUBLIC  RESOURCES  FOR  IMMIGRATION
 ENFORCEMENT.
 § 145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
   NO  POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL BE
 SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION  AUTHORITIES.  NO
 POLICE  OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL PARTIC-
 IPATE IN OR BE SUBJECT TO ANY AGREEMENT FOR THE PURPOSE  OF  IMMIGRATION
 ENFORCEMENT.
 § 145.15 IMMIGRATION  DETAINER;  QUESTIONING,  INVESTIGATION OR INTERRO-
            GATION PROHIBITED.
   NO POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE  OFFICER  SHALL
 QUESTION,  INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
 OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
 SUSPECTED VIOLATION OF IMMIGRATION LAW.
 § 145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP OR
            IMMIGRATION STATUS PROHIBITED.
   1. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER  SHALL
 INQUIRE  ABOUT  A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
 OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO  ADMINISTER
 A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
   2.  NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 COLLECT INFORMATION REGARDING CITIZENSHIP, IMMIGRATION STATUS, NATIONAL-
 ITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
 ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
 § 145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
   NO POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE  OFFICER  SHALL
 NOTIFY  OR OTHERWISE COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING:
 (I) THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED FROM
 CUSTODY; (II) THE TIME, DATE,  OR  LOCATION  OF  AN  INDIVIDUAL'S  COURT

 S. 3076                             3
 
 APPEARANCE; OR (III) ANY OTHER INFORMATION AVAILABLE TO POLICE OFFICERS,
 PEACE  OFFICERS,  OR  SCHOOL RESOURCE OFFICERS THROUGH OR AS A RESULT OF
 SUCH EMPLOYMENT AS A POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE
 OFFICER.
 § 145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
   NO  POLICE  OFFICER,  PEACE  OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 TRANSFER OR FACILITATE THE TRANSFER OF INDIVIDUALS IN HIS OR HER CUSTODY
 TO THE CUSTODY OF IMMIGRATION AUTHORITIES ABSENT A VALID COURT ORDER  OR
 JUDICIAL  WARRANT  ISSUED  BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
 ARTICLE III OF THE UNITED  STATES  CONSTITUTION  OR  FEDERAL  MAGISTRATE
 JUDGE  APPOINTED  PURSUANT TO 28 USC § 631 COMMANDING THE ARREST OF SUCH
 INDIVIDUAL.
 § 145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
   NO POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE  OFFICER  SHALL
 ENTER  A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
 GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
 § 145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
   NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL USE
 IMMIGRATION  AUTHORITIES  AS  INTERPRETERS  FOR  LAW ENFORCEMENT MATTERS
 RELATING TO INDIVIDUALS BEING INTERVIEWED,  INTERROGATED,  INVESTIGATED,
 OR TAKEN INTO CUSTODY.
 § 145.45 WRITTEN CONSENT FOR INTERVIEW.
   1.  IN  ANY  INSTANCE  IN  WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
 ACCESS TO AN INDIVIDUAL IN THE CUSTODY OF A POLICE OFFICER, PEACE  OFFI-
 CER,  OR  SCHOOL  RESOURCE OFFICER FOR THE PURPOSE OF BEING INTERVIEWED,
 THE OFFICER SHALL PROVIDE THE INDIVIDUAL WITH  A  WRITTEN  CONSENT  FORM
 THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUN-
 TARY,  AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO
 BE INTERVIEWED WITH HIS OR HER ATTORNEY  PRESENT.  THE  WRITTEN  CONSENT
 FORM  SHALL  BE  PROVIDED  IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY
 SPOKEN LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR  DEPARTMENT
 IS LOCATED.
   2.  AFTER  PROVIDING  AN  INDIVIDUAL IN CUSTODY WITH A WRITTEN CONSENT
 FORM PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER SHALL  KEEP
 A  WRITTEN  RECORD  OF  WHETHER    THE INDIVIDUAL DECLINED AN INTERVIEW,
 CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT THE
 INTERVIEW, AND WHETHER AN  INTERVIEW  OCCURRED.  THE  OFFICE  OR  AGENCY
 EMPLOYING SUCH OFFICER SHALL MAINTAIN ALL SUCH WRITTEN RECORDS AND SHALL
 COMPILE  AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF REQUESTS FOR INTER-
 VIEWS RECEIVED   AND WHETHER EACH  INDIVIDUAL  DECLINED  THE  INTERVIEW,
 CONSENTED  TO  THE  INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT
 THE INTERVIEW, AND HOW MANY INTERVIEWS OCCURRED. SUCH SUMMARY SHALL  NOT
 INCLUDE  THE  PERSONALLY  IDENTIFIABLE  INFORMATION OF ANY INDIVIDUAL IN
 CUSTODY, AND SHALL BE A PUBLIC RECORD.
 § 145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
   THE PROVISIONS OF THIS ARTICLE SHALL  NOT  PROHIBIT  POLICE  OFFICERS,
 PEACE  OFFICERS,  OR  SCHOOL RESOURCE OFFICERS FROM SENDING OR RECEIVING
 INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION  STATUS
 TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
 § 145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
   THE  PROVISIONS  OF  THIS  ARTICLE  SHALL  NOT  PROHIBIT OFFICERS FROM
 COMPLYING WITH VALID COURT ORDERS OR  JUDICIAL  WARRANTS  ISSUED  BY  AN
 INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION  OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
 631.

 S. 3076                             4
 
 § 145.60 APPLICATION OF LAWS.
   THE  PROVISIONS  OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY OTHER
 PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED  TO  IN  ANY
 WAY  EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO
 PARTICIPATE IN IMMIGRATION ENFORCEMENT.
   § 3. The executive law is amended by adding a  new  section  256-b  to
 read as follows:
   §  256-B.  DUTIES OF LOCAL PROBATION DEPARTMENTS REGARDING IMMIGRATION
 ENFORCEMENT.  1. FOR THE PURPOSES OF  THIS  SECTION,  THE  TERMS  "IMMI-
 GRATION  AUTHORITIES",  "IMMIGRATION  ENFORCEMENT",  "IMMIGRATION  LAW",
 "IMMIGRATION DETAINER" AND "CIVIL IMMIGRATION WARRANT"  SHALL  HAVE  THE
 SAME MEANING AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   2.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION  STATUS,  NATIONALITY,
 OR  COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
 A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   3. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING A PERSON PRESENTLY OR
 FORMERLY  UNDER THE SUPERVISION OF SUCH AGENCY OR DEPARTMENT OR DISCLOSE
 TO IMMIGRATION AUTHORITIES INFORMATION GAINED IN THE COURSE  OF  EMPLOY-
 MENT  OR AVAILABLE AS A RESULT OF EMPLOYMENT WITH SUCH AGENCY OR DEPART-
 MENT.
   4. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 COLLECT  INFORMATION  ABOUT  A PERSON'S CITIZENSHIP, IMMIGRATION STATUS,
 NATIONALITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW  OR  NECESSARY
 TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   5.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE  BASIS
 OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
 SUSPECTED VIOLATION OF IMMIGRATION LAW.
   6.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 PERMIT NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS  OF
 PROPERTY  OR  FACILITIES  UNDER THE CONTROL OF SUCH AGENCY OR DEPARTMENT
 UNLESS PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR  INDEPEND-
 ENT MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVID-
 UAL PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
   7.  IN  ANY  INSTANCE  IN  WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
 ACCESS TO AN INDIVIDUAL UNDER THE SUPERVISION OF A PROBATION  AGENCY  OR
 DEPARTMENT FOR THE PURPOSE OF BEING INTERVIEWED, THE PROBATION AGENCY OR
 DEPARTMENT SHALL PROVIDE THE INDIVIDUAL 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  WITH  HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT FORM
 SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST  WIDELY  SPOKEN
 LANGUAGES  IN  THE  COUNTY  WHERE  THE OFFICER'S AGENCY OR DEPARTMENT IS
 LOCATED.
   8. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 ENTER  A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
 GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   9.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INVESTIGATE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY.
   10. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INCLUDE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY  IN  COURT-
 ORDERED REPORTS.

 S. 3076                             5
 
   11. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 USE  IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
 RELATING TO INDIVIDUALS UNDER THE SUPERVISION OF SUCH AGENCY OR  DEPART-
 MENT.
   12.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT PROHIBIT EMPLOYEES OF
 PROBATION AGENCIES OR DEPARTMENTS FROM SENDING OR RECEIVING  INFORMATION
 REGARDING  AN  INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS TO OR FROM
 ANY LOCAL, STATE, OR FEDERAL AGENCY.
   13. THE PROVISIONS  OF  THIS  SECTION  SHALL  NOT  PROHIBIT  PROBATION
 DEPARTMENTS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
 JUDICIAL  WARRANTS  ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
 ARTICLE III OF THE UNITED  STATES  CONSTITUTION  OR  FEDERAL  MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631.
   14.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY NOTWITHSTANDING ANY
 OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO  IN
 ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
 TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
   §  4.  The  executive  law is amended by adding a new article 15-AA to
 read as follows:
                               ARTICLE 15-AA
        RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
 SECTION 319.   DEFINITIONS.
         319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE  EMPLOY-
                  EES.
   § 319. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "STATE  ENTITY" MEANS: ANY AGENCY UNDER THE EXECUTIVE AUTHORITY OF
 THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVERNOR APPOINTS THE COMMISSION-
 ER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC BENEFIT  CORPORATION,  PUBLIC
 AUTHORITY,  BOARD,  OR  COMMISSION  FOR  WHICH THE GOVERNOR APPOINTS THE
 CHIEF EXECUTIVE OR A  MAJORITY  OF  THE  BOARD  MEMBERS;  ANY  DIVISION,
 DEPARTMENT,  OR  OFFICE REGULATED UNDER THIS CHAPTER; AND ANY CONTRACTOR
 WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.
   2. "STATE EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY: ANY AGENCY UNDER
 THE EXECUTIVE AUTHORITY OF THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVER-
 NOR APPOINTS THE COMMISSIONER OR HIGHEST RANKING  EMPLOYEE;  ANY  PUBLIC
 BENEFIT  CORPORATION,  PUBLIC  AUTHORITY, BOARD, OR COMMISSION FOR WHICH
 THE GOVERNOR APPOINTS THE CHIEF EXECUTIVE OR A  MAJORITY  OF  THE  BOARD
 MEMBERS;  ANY DIVISION, DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAP-
 TER; OR ANY CONTRACTOR WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.
   3. FOR THE PURPOSES OF THIS SECTION, THE TERMS  "IMMIGRATION  AUTHORI-
 TIES",   "IMMIGRATION   ENFORCEMENT",  "IMMIGRATION  LAW",  "IMMIGRATION
 DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   § 319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY  STATE  EMPLOYEES.
 1. NO STATE EMPLOYEE SHALL USE STATE RESOURCES, INCLUDING BUT NOT LIMIT-
 ED  TO  TIME  SPENT WHILE ON DUTY OR ANY STATE PROPERTY, FOR IMMIGRATION
 ENFORCEMENT PURPOSES.
   2. NO STATE ENTITY OR STATE EMPLOYEE  SHALL  DISCLOSE  TO  IMMIGRATION
 AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUD-
 ING,  BUT NOT LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER, PHYS-
 ICAL DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
 MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
   3. NO STATE ENTITY OR STATE EMPLOYEE SHALL INQUIRE  ABOUT  A  PERSON'S
 CITIZENSHIP,  IMMIGRATION  STATUS,  NATIONALITY,  OR  COUNTRY OF ORIGIN,

 S. 3076                             6
 
 UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER A  PUBLIC  PROGRAM  OR
 BENEFIT SOUGHT BY THAT PERSON.
   4. NO STATE ENTITY OR STATE EMPLOYEE SHALL COLLECT INFORMATION ABOUT A
 PERSON'S  CITIZENSHIP,  IMMIGRATION  STATUS,  NATIONALITY, OR COUNTRY OF
 ORIGIN, UNLESS REQUIRED BY LAW  OR  NECESSARY  TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   5.   NO STATE ENTITY OR STATE EMPLOYEE SHALL QUESTION, INVESTIGATE, OR
 INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS OF AN IMMIGRATION  DETAIN-
 ER,  A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED VIOLATION OF
 IMMIGRATION LAW.
   6. NO STATE ENTITY  OR  STATE  EMPLOYEE  SHALL  PERMIT  NON-LOCAL  LAW
 ENFORCEMENT  AGENCIES  TO ACCESS NON-PUBLIC AREAS OF PROPERTY OR FACILI-
 TIES OWNED BY OR UNDER THE CONTROL OF THE STATE UNLESS PRESENTED WITH  A
 JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT MAGISTRATE AUTHORIZING
 A  SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL PRESENT AT THE TIME THE
 JUDICIAL WARRANT IS PRESENTED.
   7. NO STATE ENTITY OR STATE EMPLOYEE  SHALL  ENTER  A  PERSON'S  IMMI-
 GRATION  STATUS  INTO ANY DATABASE MAINTAINED BY ANY STATE ENTITY UNLESS
 REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR  BENEFIT  SOUGHT
 BY THAT PERSON.
   8. NO STATE ENTITY OR STATE EMPLOYEE SHALL USE IMMIGRATION AUTHORITIES
 AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO INDIVIDUALS SUCH
 ENTITIES OR EMPLOYEES INTERACT WITH AS PART OF THEIR EMPLOYMENT DUTIES.
   9.  ALL  REQUESTS  FOR  ASSISTANCE  MADE BY IMMIGRATION AUTHORITIES TO
 STATE ENTITIES OR STATE EMPLOYEES ACTING IN THE COURSE OF  THEIR  DUTIES
 AND  ALL  OTHER  COMMUNICATIONS  BETWEEN STATE EMPLOYEES AND IMMIGRATION
 AUTHORITIES SHALL BE RECORDED. EACH STATE  ENTITY  WHOSE  EMPLOYEES  ARE
 SUBJECT  TO THIS SECTION SHALL ISSUE AN ANNUAL REPORT LISTING THE NUMBER
 OF SUCH REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT  AND  OUTCOME
 OF  EACH  REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY DELIVERED TO
 THE OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
   10. THIS SECTION SHALL NOT PROHIBIT STATE EMPLOYEES  FROM  SENDING  OR
 RECEIVING  INFORMATION  REGARDING  AN  INDIVIDUAL'S CITIZENSHIP OR IMMI-
 GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
   11. THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT STATE  EMPLOYEES
 FROM COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
 INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION  OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
 631.
   12. THE PROVISIONS OF THIS ARTICLE  SHALL  APPLY  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
 ANY WAY EXPAND THE AUTHORITY OF STATE EMPLOYEES TO PARTICIPATE IN  IMMI-
 GRATION ENFORCEMENT.
   § 5. The general municipal law is amended by adding a new article 19-C
 to read as follows:
                               ARTICLE 19-C
      DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
                        TO IMMIGRATION ENFORCEMENT
 SECTION 995. RESTRICTION  ON  USE  OF  LOCAL  RESOURCES  FOR IMMIGRATION
                ENFORCEMENT.
   § 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION  ENFORCE-
 MENT.  (A)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERMS "IMMIGRATION
 AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
 DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.

 S. 3076                             7
 
   (B) NO RESOURCES OF ANY MUNICIPAL CORPORATION SHALL  BE  UTILIZED  FOR
 IMMIGRATION ENFORCEMENT. FOR THE PURPOSES OF THIS SUBDIVISION, RESOURCES
 OF  A  MUNICIPAL  CORPORATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TIME
 SPENT BY THE MUNICIPAL CORPORATION'S EMPLOYEES,  OFFICERS,  CONTRACTORS,
 OR  SUBCONTRACTORS  WHILE  ON  DUTY  AND THE USE OF ANY MUNICIPAL CORPO-
 RATION'S PROPERTY.
   (C) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL DISCLOSE
 TO  IMMIGRATION  AUTHORITIES  AN  INDIVIDUAL'S  PERSONALLY  IDENTIFIABLE
 INFORMATION,  INCLUDING  BUT  NOT  LIMITED TO SUCH PERSON'S NAME, SOCIAL
 SECURITY NUMBER, PHYSICAL DESCRIPTION, ANY ASSOCIATED  ADDRESSES,  TELE-
 PHONE  NUMBER,  FINANCIAL  INFORMATION, MEDICAL INFORMATION, OR PLACE OF
 EMPLOYMENT OR EDUCATION.
   (D) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE  THEREOF,  SHALL  QUES-
 TION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL ON THE BASIS OF AN IMMI-
 GRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED
 VIOLATION OF IMMIGRATION LAW.
   (E)  NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL INQUIRE
 ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR  COUN-
 TRY  OF  ORIGIN,  UNLESS  REQUIRED  BY  LAW OR NECESSARY TO ADMINISTER A
 PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (F) NO MUNICIPAL CORPORATION NOR ANY EMPLOYEE THEREOF,  SHALL  COLLECT
 INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALI-
 TY,  OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
 ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (G) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL ENTER  A
 PERSON'S  IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY MUNICI-
 PAL CORPORATION UNLESS REQUIRED OR  NECESSARY  TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (H)  NO  MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL PERMIT
 NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPER-
 TY OR FACILITIES UNDER THE CONTROL OF SUCH MUNICIPAL CORPORATION  UNLESS
 PRESENTED  WITH  A  JUDICIAL  WARRANT  SIGNED  BY A JUDGE OR INDEPENDENT
 MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF  AN  INDIVIDUAL
 PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
   (I)  NO  MUNICIPAL  CORPORATION,  NOR  ANY EMPLOYEE THEREOF, SHALL USE
 IMMIGRATION AUTHORITIES AS  INTERPRETERS  FOR  LAW  ENFORCEMENT  MATTERS
 RELATING  TO  INDIVIDUALS SUCH CORPORATION OR EMPLOYEES INTERACT WITH AS
 PART OF THEIR EMPLOYMENT DUTIES.
   (J) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO LAW
 ENFORCEMENT AGENCIES WITHIN A MUNICIPAL CORPORATION AND ALL OTHER COMMU-
 NICATIONS BETWEEN LAW ENFORCEMENT OFFICERS  WITHIN  A  MUNICIPAL  CORPO-
 RATION  AND  IMMIGRATION  AUTHORITIES  SHALL BE RECORDED. EACH MUNICIPAL
 CORPORATION SHALL ISSUE AN ANNUAL REPORT  LISTING  THE  NUMBER  OF  SUCH
 REQUESTS  OR  COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME OF EACH
 REQUEST OR COMMUNICATION, WHICH  SHALL  BE  PROMPTLY  DELIVERED  TO  THE
 OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
   (K)  THIS  SECTION SHALL NOT PROHIBIT MUNICIPAL EMPLOYEES FROM SENDING
 OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR  IMMI-
 GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
   (L) THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT MUNICIPAL CORPO-
 RATIONS  OR  THEIR  EMPLOYEES  FROM COMPLYING WITH VALID COURT ORDERS OR
 JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED  PURSUANT  TO
 ARTICLE  III  OF  THE  UNITED  STATES CONSTITUTION OR FEDERAL MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631.
   (M) THE PROVISIONS OF THIS ARTICLE  SHALL  APPLY  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN

 S. 3076                             8
 
 ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL EMPLOYEES TO PARTICIPATE
 IN IMMIGRATION ENFORCEMENT.
   §  6.  Section  500-c of the correction law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A. (A) THE CHIEF ADMINISTRATIVE OFFICER SHALL NOT, BY FORMAL  AGREE-
 MENT OR OTHERWISE, ALLOW ANY OFFICER OR EMPLOYEE OF A COUNTY CORRECTION-
 AL FACILITY TO BE SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION
 AUTHORITIES, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (B)  THE  CHIEF ADMINISTRATIVE OFFICER SHALL ENSURE THAT NO OFFICER OR
 EMPLOYEE OF A COUNTY CORRECTIONAL FACILITY SPENDS TIME WHILE ON DUTY  OR
 USES  CORRECTIONAL  FACILITY  RESOURCES  FOR IMMIGRATION ENFORCEMENT, AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (C) ALL REQUESTS FOR ASSISTANCE MADE  BY  IMMIGRATION  AUTHORITIES  TO
 COUNTY  JAILS OR THEIR OFFICERS ACTING IN THE COURSE OF THEIR DUTIES AND
 ALL OTHER COMMUNICATIONS BETWEEN CORRECTIONS PERSONNEL  AND  IMMIGRATION
 AUTHORITIES  SHALL  BE  RECORDED. THE CHIEF ADMINISTRATIVE OFFICER SHALL
 PRODUCE AN ANNUAL REPORT LISTING ALL SUCH  REQUESTS  AND  COMMUNICATIONS
 AND  STATING  THE CONTENT AND OUTCOME OF REQUEST OR COMMUNICATION, WHICH
 SHALL BE PROMPTLY DELIVERED TO THE OFFICE OF THE  ATTORNEY  GENERAL  AND
 WHICH SHALL BE A PUBLIC RECORD.
   § 7. Section 147 of the correction law is REPEALED.
   § 8. Section 500-f of the correction law is REPEALED.
   §  9.  Section  621  of  the correction law is amended by adding a new
 subdivision 3 to read as follows:
   3. THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY  LAW  ENFORCEMENT
 OFFICER OR AGENCY OF THIS STATE OR ITS SUBDIVISIONS TO PARTICIPATE IN OR
 ASSIST  WITH  IMMIGRATION ENFORCEMENT, AS DEFINED IN SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW.    ALL  LAW  ENFORCEMENT  OFFICERS  OR  AGENCIES
 FURNISHING  INFORMATION  TO AGENCIES OF OTHER JURISDICTIONS SHALL OBTAIN
 FROM THE RECIPIENT AGENCY A CERTIFICATION THAT SUCH INFORMATION WILL NOT
 BE USED FOR IMMIGRATION ENFORCEMENT.
   § 10. The executive law is amended by adding a  new  section  63-e  to
 read as follows:
   § 63-E. IMMIGRATION STATUS REPORTS AND DATABASES. 1. THE OFFICE OF THE
 ATTORNEY  GENERAL  SHALL  REVIEW  ALL REPORTS PROVIDED TO IT PURSUANT TO
 ARTICLE FIFTEEN-AA OF THIS CHAPTER, ARTICLE NINETEEN-C  OF  THE  GENERAL
 MUNICIPAL  LAW,  AND  ARTICLE  TWENTY  OF  THE  CORRECTION LAW AND SHALL
 PREPARE AN ANNUAL SUMMARY OF SUCH REPORTS, WHICH SHALL ALSO IDENTIFY ANY
 ALLEGED OMISSIONS OR DISCREPANCIES IN THE REPORTED INFORMATION  AND  ANY
 INFORMATION  THAT  MAY  INDICATE  A VIOLATION OF STATE LAW. SUCH SUMMARY
 SHALL BE A PUBLIC RECORD.
   2. THE ATTORNEY GENERAL  SHALL  ESTABLISH  A  SYSTEM  TO  SOLICIT  AND
 RECEIVE  COMPLAINTS  FROM  THE PUBLIC ABOUT IMPROPER USE OF RESOURCES BY
 STATE OR LOCAL ENTITIES OR EMPLOYEES  FOR  IMMIGRATION  ENFORCEMENT  AND
 IMPROPER  SHARING OF INFORMATION BY STATE OR LOCAL ENTITIES OR EMPLOYEES
 WITH IMMIGRATION AUTHORITIES. THE ATTORNEY GENERAL SHALL INVESTIGATE ALL
 SUCH COMPLAINTS TO DETERMINE WHETHER A VIOLATION OF STATE LAW  OCCURRED,
 AND MAY BRING CIVIL ACTIONS AGAINST STATE OR LOCAL ENTITIES OR EMPLOYEES
 ACTING IN THEIR OFFICIAL CAPACITY IN THE NAME OF THE PEOPLE OF THE STATE
 OF NEW YORK TO OBTAIN APPROPRIATE EQUITABLE OR DECLARATORY RELIEF IF THE
 ATTORNEY GENERAL DETERMINES THAT A VIOLATION OF STATE LAW OCCURRED.
   3. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
 CIES,  INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE VENDORS,
 THE ATTORNEY GENERAL SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-TWO IN
 CONSULTATION WITH  APPROPRIATE  STAKEHOLDERS,  PUBLISH  GUIDANCE,  AUDIT
 CRITERIA, AND TRAINING RECOMMENDATIONS AIMED AT ENSURING THAT SUCH DATA-

 S. 3076                             9

 BASES  ARE GOVERNED IN A MANNER THAT LIMITS THE AVAILABILITY OF INFORMA-
 TION CONTAINED 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 ENFORCEMENT AGENCIES
 ARE ENCOURAGED TO ADOPT NECESSARY CHANGES TO DATABASE  GOVERNANCE  POLI-
 CIES CONSISTENT WITH SUCH GUIDANCE.
   §  11. This act shall take effect immediately; provided, however, that
 the amendments to section 500-c of the correction law  made  by  section
 six of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.

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2021-S3076A - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art 19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7562
2023-2024: S987

2021-S3076A - Summary

2021-S3076A - Sponsor Memo

                                 
BILL NUMBER: S3076A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the criminal procedure law, the executive law, the
general municipal law and the correction law, in relation to prohibiting
and regulating the discovery and disclosure of immigration status; and
to repeal certain provisions of the correction law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures appropriate use of state and local resources by limiting the use
of state and local resources for immigration enforcement purposes.

 
SUMMARY OF PROVISIONS:

Section one amends Criminal Procedure Law section 1.20 to add five new
definitional subdivisions, 46 - 50 to define the terms "immigration
authorities", "immigration enforcement", "immigration law", "immigration
detainer", and "civil immigration warrant."

Section two adds a new article 145 to the criminal procedure law. This
article defines the duties of police officers, peace officers, and
school resource officers with regard to immigration enforcement. It
prohibits officers from using public resources for immigration enforce-
ment except when required by law, prohibits investigations, interro-
gations, inquires, or collection of information about immigration law
violations or about immigration status, nationality, or country of
origin except when required by law, prohibits notifications of release
date or court dates, prohibits transfer of people to ICE custody,
prohibits entering a person's immigration status into a database unless
necessary for a public program or benefit, prohibits the use of Immi-
gration and Customs Enforcement (ICE) or Customs and Border Protection
(CBP) as interpreters, and requires written notice of rights to inmates
in the event that ICE/CBP are allowed access for interviews. It does not
prohibit officers from complying with valid court orders or federal
judicial warrants.

Section three adds a new section 256-b to the executive law. This
section defines the duties of local probation departments with regard to
immigration enforcement. It prohibits probation officers from inquiring
about immigration status, nationality, or country of origin except when
required by law or necessary for a public program or benefit, prohibits
communication with immigration authorities about people. who are or have
been under department supervision and prohibits disclosure of informa-
tion, prohibits collection of information about a person's citizenship,
immigration status, nationality, or country of origin unless required by
law or necessary for a public program or benefit, prohibits investi-
gations or interrogations about immigration law violations, prohibits
access to non-public areas of the probation agency property by non-local
law enforcement agencies without a judicial warrant, requires written
notice to inmates in the event that ICE/CBP are allowed access for
interviews, prohibits entering immigration status into a departmental
database unless necessary for a public program or benefit, prohibits
investigating a person's immigration status or history (including
providing such information in court-ordered reports), and prohibits the
use of ICE or CBP as interpreters. It does not prohibit local probation

agencies from complying with valid court orders or federal judicial
warrants.

Section four adds a new article 15-AA to the executive law. This article
defines the duties of state employees with regard to immigration
enforcement. It prohibits state employees from using public resources
for immigration enforcement, restricts disclosure of an individual's
personally identifiable information such as name, social security
number, physical description, home address or telephone number to immi-
gration authorities, prohibits investigations or interrogations about
immigration law violations, prohibits inquiries about immigration
status, nationality, or country of origin except when required by law or
necessary for a public program or benefit, prohibits access by non-local
law enforcement to non-public areas of state property without a judicial
warrant, prohibits entering immigration status into a state database
unless necessary for a public program or benefit, prohibits the use of
ICE or CBP as interpreters, and requires reporting on communications
with immigration authorities. It does not prohibit state employees from
complying with valid court orders or federal judicial warrants.

Section five adds a new article 19-c to the general municipal law.  This
article defines the duties of county, town, city, and village employees
with regard to immigration enforcement. It mirrors the same prohibitions
that are established in Section 4 relating to state employees.

Section six adds a new subdivision 4-a to section 500-c of the
correction law to ban 287(g) agreements under the Immigration and
Nationality Act and requires jail administrators to ensure that
corrections officers do not engage in immigration enforcement.

Section seven repeals section 147 of the corrections law that requires
correctional facilities to investigate immigrants and share that infor-
mation with immigration authorities.

Section eight repeals section 500-f"of the corrections law that requires
jails to collect and make public information such as a person's place of
birth, social relations, education, criminal history, discharge, and
employment details.

Section nine adds a new subdivision 3 to section 621 of the correction
law to require law enforcement officers and agencies furnishing informa-
tion to agencies of other jurisdictions to obtain a certification that
such information will not be used for immigration enforcement.

Section ten adds a new section 63-e to the executive law to require the
attorney general to create guidance on governing databases that limits
the availability of information for immigration enforcement to the full-
est extent possible and consistent with federal and state law and
further requires the attorney general to establish a system to solicit
and receive complaints from the public about the improper use of
resources by state or local entities or employees for immigration
enforcement or the improper sharing of information.

Section eleven makes the bill effective immediately.

 
JUSTIFICATION:


The proper role of state and local government and law enforcement is to
administer public services and promote public safety under the laws of
New York State and its municipalities, not to enforce federal immi-
gration law. However, state and local resources are too often misdi-
rected to assist immigration authorities in performing duties that fall
outside the realm of state and local concern. This entanglement with
immigration enforcement undermines the core mission of state and local
law enforcement by creating mistrust in immigrant communities and caus-
ing immigrants to abstain from reporting crimes or cooperating with
investigations. Immigrant New Yorkers who are the victims of crimes and
are seeking the assistance of local authorities cannot avail themselves
of appropriate government services. This entanglement also encourages
racial profiling by providing incentives to make pretextual arrests to
transfer people to the custody of immigration authorities.

State and local government has no obligation to participate in immi-
gration enforcement. As the New York Supreme Court, Appellate Division,
Second Department, recently affirmed, the New York Criminal Procedure
Law provides no authority for police officers and peace officers in New
York to make arrests for civil immigration violations absent a judicial
warrant. See The People, ex rel. Jordan Wells, on behalf of Susan Fran-
cis v. DeMarco, 168 A.D.3d 31 (2d Dept 2018).  This legislation adds to
these existing restrictions on law enforcement officers' authority by
restricting information sharing with immigration authorities, prohibit-
ing formal agreements to enforce immigration law, and making clear that
public resources should not be used for immigration enforcement
purposes. The legislation also extends those limitations to other state
and local officials and employees.

Disentangling local law enforcement from immigration enforcement is
critical to protect the rights of all New Yorkers, ensure that state and
local officers can perform their core duties, promote community trust,
and prevent disruption of workplaces, families and support systems
throughout the state. Doing so will help keep irreplaceable workers in
the workplace, maintain important sources of tax revenue, and prevent
unnecessary dependence on social services, aiding New York taxpayers and
the state economy and benefiting all residents of New York State.

 
PRIOR LEGISLATIVE HISTORY:

2020 - Referred to Codes

 
FISCAL IMPLICATIONS:

This bill would result in fiscal savings for municipalities and the
state and would also result in increased tax revenue.

 
EFFECTIVE DATE:
Immediately.

2021-S3076A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3076--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sens. SALAZAR, BENJAMIN, BRISPORT, BROUK, COONEY, GIANAR-
   IS, GOUNARDES, HOYLMAN, JACKSON, KRUEGER, LIU, MYRIE,  RAMOS,  RIVERA,
   SANDERS,  SEPULVEDA,  STAVISKY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  criminal  procedure law, the executive law, the
   general municipal law and the correction law, in relation to prohibit-
   ing and regulating the discovery and disclosure of immigration status;
   and to repeal certain provisions of the correction law relating there-
   to
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1.20 of the criminal procedure law is amended by
 adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
   46. "IMMIGRATION AUTHORITIES" MEANS ANY OFFICER, EMPLOYEE, OR  GOVERN-
 MENT  EMPLOYEE  WHO  IS RESPONSIBLE FOR ENFORCEMENT OF THE FEDERAL IMMI-
 GRATION AND NATIONALITY ACT, INCLUDING ANY OFFICER OR  AGENT  OF  UNITED
 STATES  IMMIGRATION AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS AND
 BORDER PROTECTION.
   47. "IMMIGRATION ENFORCEMENT"  MEANS  THE  ENFORCEMENT  OF  ANY  CIVIL
 PROVISION  OF  THE  FEDERAL  IMMIGRATION  AND  NATIONALITY  ACT  OR  ANY
 PROVISION OF LAW THAT PENALIZES A PERSON'S PRESENCE IN, ENTRY  INTO,  OR
 REENTRY INTO THE UNITED STATES.
   48.  "IMMIGRATION  LAW" MEANS ANY CIVIL PROVISION OF THE FEDERAL IMMI-
 GRATION AND NATIONALITY ACT AND ANY PROVISION OF LAW  THAT  PENALIZES  A
 PERSON'S PRESENCE IN, ENTRY INTO, OR REENTRY INTO THE UNITED STATES.
   49. "IMMIGRATION DETAINER" MEANS ANY DOCUMENT, FORM, OR OTHER COMMUNI-
 CATION  REQUESTING OR DIRECTING THAT A POLICE OFFICER, PEACE OFFICER, OR
 GOVERNMENT ENTITY DETAIN OR MAINTAIN CUSTODY OF AN INDIVIDUAL,  FOR  ANY
 PERIOD OF TIME, FOR PICKUP BY OR TRANSFER TO IMMIGRATION AUTHORITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03012-03-1

 S. 3076--A                          2
 
   50.  "CIVIL  IMMIGRATION WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
 CIVIL IMMIGRATION LAW THAT IS NOT ISSUED BY A JUDGE  APPOINTED  PURSUANT
 TO ARTICLE III OF THE UNITED STATES CONSTITUTION OR A FEDERAL MAGISTRATE
 JUDGE  APPOINTED  PURSUANT  TO  28  USC  § 631, AND INCLUDES ANY WARRANT
 ENTERED INTO THE NATIONAL CRIME INFORMATION CENTER DATABASE.
   § 2. The criminal procedure law is amended by adding a new article 145
 to read as follows:
                                ARTICLE 145
    PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
              OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
 SECTION 145.05  DUTIES  OF  POLICE  OFFICERS, PEACE OFFICERS, AND SCHOOL
                  RESOURCE OFFICERS; IMMIGRATION.
         145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
         145.15 IMMIGRATION  DETAINER;  QUESTIONING,   INVESTIGATION   OR
                  INTERROGATION PROHIBITED.
         145.20 INQUIRY  INTO  AND COLLECTION  OF INFORMATION ABOUT CITI-
                  ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
         145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
         145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
         145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
         145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
         145.45 WRITTEN CONSENT FOR INTERVIEW.
         145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
         145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
         145.60 APPLICATION OF LAWS.
 § 145.05 DUTIES OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL  RESOURCE
            OFFICERS; IMMIGRATION.
   THE  DUTIES  AND  AUTHORITY  OF  POLICE  OFFICERS, PEACE OFFICERS, AND
 SCHOOL RESOURCE OFFICERS SHALL NOT INCLUDE AUTHORITY TO ENGAGE IN  IMMI-
 GRATION   ENFORCEMENT.  POLICE  OFFICERS,  PEACE  OFFICERS,  AND  SCHOOL
 RESOURCE  OFFICERS  SHALL  NOT  USE  PUBLIC  RESOURCES  FOR  IMMIGRATION
 ENFORCEMENT.
 § 145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
   NO  POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL BE
 SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION  AUTHORITIES.  NO
 POLICE  OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL PARTIC-
 IPATE IN OR BE SUBJECT TO ANY AGREEMENT FOR THE PURPOSE  OF  IMMIGRATION
 ENFORCEMENT.
 § 145.15 IMMIGRATION  DETAINER;  QUESTIONING,  INVESTIGATION OR INTERRO-
            GATION PROHIBITED.
   NO POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE  OFFICER  SHALL
 QUESTION,  INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
 OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
 SUSPECTED VIOLATION OF IMMIGRATION LAW.
 § 145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP OR
            IMMIGRATION STATUS PROHIBITED.
   1. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER  SHALL
 INQUIRE  ABOUT  A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
 OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO  ADMINISTER
 A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
   2.  NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 COLLECT INFORMATION REGARDING CITIZENSHIP, IMMIGRATION STATUS, NATIONAL-
 ITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
 ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
 § 145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.

 S. 3076--A                          3
 
   NO POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE  OFFICER  SHALL
 NOTIFY  OR OTHERWISE COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING:
 (I) THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED FROM
 CUSTODY; (II) THE TIME, DATE,  OR  LOCATION  OF  AN  INDIVIDUAL'S  COURT
 APPEARANCE; OR (III) ANY OTHER INFORMATION AVAILABLE TO POLICE OFFICERS,
 PEACE  OFFICERS,  OR  SCHOOL RESOURCE OFFICERS THROUGH OR AS A RESULT OF
 SUCH EMPLOYMENT AS A POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE
 OFFICER.
 § 145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
   NO  POLICE  OFFICER,  PEACE  OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 TRANSFER OR FACILITATE THE TRANSFER OF INDIVIDUALS IN HIS OR HER CUSTODY
 TO THE CUSTODY OF IMMIGRATION AUTHORITIES ABSENT A VALID COURT ORDER  OR
 JUDICIAL  WARRANT  ISSUED  BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
 ARTICLE III OF THE UNITED  STATES  CONSTITUTION  OR  FEDERAL  MAGISTRATE
 JUDGE  APPOINTED  PURSUANT TO 28 USC § 631 COMMANDING THE ARREST OF SUCH
 INDIVIDUAL.
 § 145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
   NO POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE  OFFICER  SHALL
 ENTER  A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
 GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
 § 145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
   NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL USE
 IMMIGRATION  AUTHORITIES  AS  INTERPRETERS  FOR  LAW ENFORCEMENT MATTERS
 RELATING TO INDIVIDUALS BEING INTERVIEWED,  INTERROGATED,  INVESTIGATED,
 OR TAKEN INTO CUSTODY.
 § 145.45 WRITTEN CONSENT FOR INTERVIEW.
   1.  IN  ANY  INSTANCE  IN  WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
 ACCESS TO AN INDIVIDUAL IN THE CUSTODY OF A POLICE OFFICER, PEACE  OFFI-
 CER,  OR  SCHOOL  RESOURCE OFFICER FOR THE PURPOSE OF BEING INTERVIEWED,
 THE OFFICER SHALL PROVIDE THE INDIVIDUAL WITH  A  WRITTEN  CONSENT  FORM
 THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUN-
 TARY,  AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE TO
 BE INTERVIEWED WITH HIS OR HER ATTORNEY  PRESENT.  THE  WRITTEN  CONSENT
 FORM  SHALL  BE  PROVIDED  IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY
 SPOKEN LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR  DEPARTMENT
 IS LOCATED.
   2.  AFTER  PROVIDING  AN  INDIVIDUAL IN CUSTODY WITH A WRITTEN CONSENT
 FORM PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER SHALL  KEEP
 A  WRITTEN  RECORD  OF  WHETHER    THE INDIVIDUAL DECLINED AN INTERVIEW,
 CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT THE
 INTERVIEW, AND WHETHER AN  INTERVIEW  OCCURRED.  THE  OFFICE  OR  AGENCY
 EMPLOYING SUCH OFFICER SHALL MAINTAIN ALL SUCH WRITTEN RECORDS AND SHALL
 COMPILE  AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF REQUESTS FOR INTER-
 VIEWS RECEIVED   AND WHETHER EACH  INDIVIDUAL  DECLINED  THE  INTERVIEW,
 CONSENTED  TO  THE  INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT
 THE INTERVIEW, AND HOW MANY INTERVIEWS OCCURRED. SUCH SUMMARY SHALL  NOT
 INCLUDE  THE  PERSONALLY  IDENTIFIABLE  INFORMATION OF ANY INDIVIDUAL IN
 CUSTODY, AND SHALL BE A PUBLIC RECORD.
 § 145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
   THE PROVISIONS OF THIS ARTICLE SHALL  NOT  PROHIBIT  POLICE  OFFICERS,
 PEACE  OFFICERS,  OR  SCHOOL RESOURCE OFFICERS FROM SENDING OR RECEIVING
 INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION  STATUS
 TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
 § 145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.

 S. 3076--A                          4
 
   THE  PROVISIONS  OF  THIS  ARTICLE  SHALL  NOT  PROHIBIT OFFICERS FROM
 COMPLYING WITH VALID COURT ORDERS OR  JUDICIAL  WARRANTS  ISSUED  BY  AN
 INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION  OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
 631.
 § 145.60 APPLICATION OF LAWS.
   THE  PROVISIONS  OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY OTHER
 PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED  TO  IN  ANY
 WAY  EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO
 PARTICIPATE IN IMMIGRATION ENFORCEMENT.
   § 3. The executive law is amended by adding a  new  section  256-b  to
 read as follows:
   §  256-B.  DUTIES OF LOCAL PROBATION DEPARTMENTS REGARDING IMMIGRATION
 ENFORCEMENT.  1. FOR THE PURPOSES OF  THIS  SECTION,  THE  TERMS  "IMMI-
 GRATION  AUTHORITIES",  "IMMIGRATION  ENFORCEMENT",  "IMMIGRATION  LAW",
 "IMMIGRATION DETAINER" AND "CIVIL IMMIGRATION WARRANT"  SHALL  HAVE  THE
 SAME MEANING AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   2.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION  STATUS,  NATIONALITY,
 OR  COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
 A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   3. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING A PERSON PRESENTLY OR
 FORMERLY  UNDER THE SUPERVISION OF SUCH AGENCY OR DEPARTMENT OR DISCLOSE
 TO IMMIGRATION AUTHORITIES INFORMATION GAINED IN THE COURSE  OF  EMPLOY-
 MENT  OR AVAILABLE AS A RESULT OF EMPLOYMENT WITH SUCH AGENCY OR DEPART-
 MENT.
   4. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 COLLECT  INFORMATION  ABOUT  A PERSON'S CITIZENSHIP, IMMIGRATION STATUS,
 NATIONALITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW  OR  NECESSARY
 TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   5.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE  BASIS
 OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
 SUSPECTED VIOLATION OF IMMIGRATION LAW.
   6.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 PERMIT NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS  OF
 PROPERTY  OR  FACILITIES  UNDER THE CONTROL OF SUCH AGENCY OR DEPARTMENT
 UNLESS PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR  INDEPEND-
 ENT MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVID-
 UAL PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
   7.  IN  ANY  INSTANCE  IN  WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
 ACCESS TO AN INDIVIDUAL UNDER THE SUPERVISION OF A PROBATION  AGENCY  OR
 DEPARTMENT FOR THE PURPOSE OF BEING INTERVIEWED, THE PROBATION AGENCY OR
 DEPARTMENT SHALL PROVIDE THE INDIVIDUAL 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  WITH  HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT FORM
 SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST  WIDELY  SPOKEN
 LANGUAGES  IN  THE  COUNTY  WHERE  THE OFFICER'S AGENCY OR DEPARTMENT IS
 LOCATED.
   8. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 ENTER  A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
 GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.

 S. 3076--A                          5
 
   9.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INVESTIGATE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY.
   10. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INCLUDE  A  PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY IN COURT-
 ORDERED REPORTS.
   11. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 USE IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT  MATTERS
 RELATING  TO INDIVIDUALS UNDER THE SUPERVISION OF SUCH AGENCY OR DEPART-
 MENT.
   12. THE PROVISIONS OF THIS SECTION SHALL  NOT  PROHIBIT  EMPLOYEES  OF
 PROBATION  AGENCIES OR DEPARTMENTS FROM SENDING OR RECEIVING INFORMATION
 REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS TO  OR  FROM
 ANY LOCAL, STATE, OR FEDERAL AGENCY.
   13.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT PROHIBIT PROBATION
 DEPARTMENTS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
 JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED  PURSUANT  TO
 ARTICLE  III  OF  THE  UNITED  STATES CONSTITUTION OR FEDERAL MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631.
   14. THE PROVISIONS OF THIS SECTION  SHALL  APPLY  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
 ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
 TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
   § 4. The executive law is amended by adding a  new  article  15-AA  to
 read as follows:
                               ARTICLE 15-AA
        RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
 SECTION 319.   DEFINITIONS.
         319-A. RESTRICTIONS  ON IMMIGRATION ENFORCEMENT BY STATE EMPLOY-
                  EES.
   § 319. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "STATE ENTITY" MEANS: ANY AGENCY UNDER THE EXECUTIVE  AUTHORITY  OF
 THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVERNOR APPOINTS THE COMMISSION-
 ER  OR  HIGHEST RANKING EMPLOYEE; ANY PUBLIC BENEFIT CORPORATION, PUBLIC
 AUTHORITY, BOARD, OR COMMISSION FOR  WHICH  THE  GOVERNOR  APPOINTS  THE
 CHIEF  EXECUTIVE  OR  A  MAJORITY  OF  THE  BOARD MEMBERS; ANY DIVISION,
 DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAPTER;  THE  DEPARTMENT  OF
 EDUCATION  AND  ANY  PUBLIC SCHOOL DISTRICT OR CHARTER SCHOOL, DIVISION,
 OFFICE, OR INSTITUTION UNDER THE SUPERVISION OF THE DEPARTMENT OF EDUCA-
 TION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE PUBLIC OFFICERS LAW; THE
 DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL DIVISIONS AS DEFINED  IN
 ARTICLE  ONE OF THE CIVIL SERVICE LAW; AND ANY CONTRACTOR WHILE PERFORM-
 ING SERVICES ON BEHALF OF THE STATE.
   2. "STATE EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY: ANY AGENCY UNDER
 THE EXECUTIVE AUTHORITY OF THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVER-
 NOR APPOINTS THE COMMISSIONER OR HIGHEST RANKING  EMPLOYEE;  ANY  PUBLIC
 BENEFIT  CORPORATION,  PUBLIC  AUTHORITY, BOARD, OR COMMISSION FOR WHICH
 THE GOVERNOR APPOINTS THE CHIEF EXECUTIVE OR A  MAJORITY  OF  THE  BOARD
 MEMBERS;  ANY DIVISION, DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAP-
 TER; THE DEPARTMENT OF EDUCATION AND ANY PUBLIC SCHOOL DISTRICT OR CHAR-
 TER SCHOOL, DIVISION, OFFICE, OR INSTITUTION UNDER  THE  SUPERVISION  OF
 THE  DEPARTMENT  OF EDUCATION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE
 PUBLIC OFFICERS LAW; THE DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL
 DIVISIONS AS DEFINED IN ARTICLE ONE OF THE CIVIL  SERVICE  LAW;  OR  ANY
 CONTRACTOR WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.

 S. 3076--A                          6
 
   3.  FOR  THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION AUTHORI-
 TIES",  "IMMIGRATION  ENFORCEMENT",  "IMMIGRATION   LAW",   "IMMIGRATION
 DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   §  319-A.  RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES.
 1. NO STATE EMPLOYEE SHALL USE STATE RESOURCES, INCLUDING BUT NOT LIMIT-
 ED TO TIME SPENT WHILE ON DUTY OR ANY STATE  PROPERTY,  FOR  IMMIGRATION
 ENFORCEMENT PURPOSES.
   2.  NO  STATE  ENTITY  OR STATE EMPLOYEE SHALL DISCLOSE TO IMMIGRATION
 AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUD-
 ING, BUT NOT LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER,  PHYS-
 ICAL DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
 MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
   3.  NO  STATE  ENTITY OR STATE EMPLOYEE SHALL INQUIRE ABOUT A PERSON'S
 CITIZENSHIP, IMMIGRATION STATUS,  NATIONALITY,  OR  COUNTRY  OF  ORIGIN,
 UNLESS  REQUIRED  BY  LAW OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR
 BENEFIT SOUGHT BY THAT PERSON.
   4. NO STATE ENTITY OR STATE EMPLOYEE SHALL COLLECT INFORMATION ABOUT A
 PERSON'S CITIZENSHIP, IMMIGRATION STATUS,  NATIONALITY,  OR  COUNTRY  OF
 ORIGIN,  UNLESS  REQUIRED  BY  LAW  OR  NECESSARY TO ADMINISTER A PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   5.  NO STATE ENTITY OR STATE EMPLOYEE SHALL QUESTION, INVESTIGATE,  OR
 INTERROGATE  AN INDIVIDUAL SOLELY ON THE BASIS OF AN IMMIGRATION DETAIN-
 ER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED VIOLATION  OF
 IMMIGRATION LAW.
   6.  NO  STATE  ENTITY  OR  STATE  EMPLOYEE  SHALL PERMIT NON-LOCAL LAW
 ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPERTY  OR  FACILI-
 TIES  OWNED BY OR UNDER THE CONTROL OF THE STATE UNLESS PRESENTED WITH A
 JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT MAGISTRATE AUTHORIZING
 A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL PRESENT AT THE TIME  THE
 JUDICIAL WARRANT IS PRESENTED.
   7.  NO  STATE  ENTITY  OR  STATE EMPLOYEE SHALL ENTER A PERSON'S IMMI-
 GRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY STATE  ENTITY  UNLESS
 REQUIRED  OR  NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT
 BY THAT PERSON.
   8. NO STATE ENTITY OR STATE EMPLOYEE SHALL USE IMMIGRATION AUTHORITIES
 AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO INDIVIDUALS SUCH
 ENTITIES OR EMPLOYEES INTERACT WITH AS PART OF THEIR EMPLOYMENT DUTIES.
   9. ALL REQUESTS FOR ASSISTANCE  MADE  BY  IMMIGRATION  AUTHORITIES  TO
 STATE  ENTITIES  OR STATE EMPLOYEES ACTING IN THE COURSE OF THEIR DUTIES
 AND ALL OTHER COMMUNICATIONS BETWEEN  STATE  EMPLOYEES  AND  IMMIGRATION
 AUTHORITIES  SHALL  BE  RECORDED.  EACH STATE ENTITY WHOSE EMPLOYEES ARE
 SUBJECT TO THIS SECTION SHALL ISSUE AN ANNUAL REPORT LISTING THE  NUMBER
 OF  SUCH  REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME
 OF EACH REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY  DELIVERED  TO
 THE OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
   10.  THIS  SECTION  SHALL NOT PROHIBIT STATE EMPLOYEES FROM SENDING OR
 RECEIVING INFORMATION REGARDING AN  INDIVIDUAL'S  CITIZENSHIP  OR  IMMI-
 GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
   11.  THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT STATE EMPLOYEES
 FROM COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
 INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC  §
 631.
   12.  THE  PROVISIONS  OF  THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
 OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO  IN

 S. 3076--A                          7

 ANY  WAY EXPAND THE AUTHORITY OF STATE EMPLOYEES TO PARTICIPATE IN IMMI-
 GRATION ENFORCEMENT.
   § 5. The general municipal law is amended by adding a new article 19-C
 to read as follows:
                               ARTICLE 19-C
      DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
                        TO IMMIGRATION ENFORCEMENT
 SECTION 995. RESTRICTION  ON  USE  OF  LOCAL  RESOURCES  FOR IMMIGRATION
                ENFORCEMENT.
   § 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION  ENFORCE-
 MENT.  (A)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERMS "IMMIGRATION
 AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
 DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (B) NO RESOURCES OF ANY MUNICIPAL CORPORATION SHALL  BE  UTILIZED  FOR
 IMMIGRATION ENFORCEMENT. FOR THE PURPOSES OF THIS SUBDIVISION, RESOURCES
 OF  A  MUNICIPAL  CORPORATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TIME
 SPENT BY THE MUNICIPAL CORPORATION'S EMPLOYEES,  OFFICERS,  CONTRACTORS,
 OR  SUBCONTRACTORS  WHILE  ON  DUTY  AND THE USE OF ANY MUNICIPAL CORPO-
 RATION'S PROPERTY.
   (C) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL DISCLOSE
 TO  IMMIGRATION  AUTHORITIES  AN  INDIVIDUAL'S  PERSONALLY  IDENTIFIABLE
 INFORMATION,  INCLUDING  BUT  NOT  LIMITED TO SUCH PERSON'S NAME, SOCIAL
 SECURITY NUMBER, PHYSICAL DESCRIPTION, ANY ASSOCIATED  ADDRESSES,  TELE-
 PHONE  NUMBER,  FINANCIAL  INFORMATION, MEDICAL INFORMATION, OR PLACE OF
 EMPLOYMENT OR EDUCATION.
   (D) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE  THEREOF,  SHALL  QUES-
 TION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL ON THE BASIS OF AN IMMI-
 GRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED
 VIOLATION OF IMMIGRATION LAW.
   (E)  NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL INQUIRE
 ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR  COUN-
 TRY  OF  ORIGIN,  UNLESS  REQUIRED  BY  LAW OR NECESSARY TO ADMINISTER A
 PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (F) NO MUNICIPAL CORPORATION NOR ANY EMPLOYEE THEREOF,  SHALL  COLLECT
 INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALI-
 TY,  OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
 ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (G) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL ENTER  A
 PERSON'S  IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY MUNICI-
 PAL CORPORATION UNLESS REQUIRED OR  NECESSARY  TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (H)  NO  MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL PERMIT
 NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPER-
 TY OR FACILITIES UNDER THE CONTROL OF SUCH MUNICIPAL CORPORATION  UNLESS
 PRESENTED  WITH  A  JUDICIAL  WARRANT  SIGNED  BY A JUDGE OR INDEPENDENT
 MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF  AN  INDIVIDUAL
 PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
   (I)  NO  MUNICIPAL  CORPORATION,  NOR  ANY EMPLOYEE THEREOF, SHALL USE
 IMMIGRATION AUTHORITIES AS  INTERPRETERS  FOR  LAW  ENFORCEMENT  MATTERS
 RELATING  TO  INDIVIDUALS SUCH CORPORATION OR EMPLOYEES INTERACT WITH AS
 PART OF THEIR EMPLOYMENT DUTIES.
   (J) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO LAW
 ENFORCEMENT AGENCIES WITHIN A MUNICIPAL CORPORATION AND ALL OTHER COMMU-
 NICATIONS BETWEEN LAW ENFORCEMENT OFFICERS  WITHIN  A  MUNICIPAL  CORPO-
 RATION  AND  IMMIGRATION  AUTHORITIES  SHALL BE RECORDED. EACH MUNICIPAL

 S. 3076--A                          8
 
 CORPORATION SHALL ISSUE AN ANNUAL REPORT  LISTING  THE  NUMBER  OF  SUCH
 REQUESTS  OR  COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME OF EACH
 REQUEST OR COMMUNICATION, WHICH  SHALL  BE  PROMPTLY  DELIVERED  TO  THE
 OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
   (K)  THIS  SECTION SHALL NOT PROHIBIT MUNICIPAL EMPLOYEES FROM SENDING
 OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR  IMMI-
 GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
   (L) THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT MUNICIPAL CORPO-
 RATIONS  OR  THEIR  EMPLOYEES  FROM COMPLYING WITH VALID COURT ORDERS OR
 JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED  PURSUANT  TO
 ARTICLE  III  OF  THE  UNITED  STATES CONSTITUTION OR FEDERAL MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631.
   (M) THE PROVISIONS OF THIS ARTICLE  SHALL  APPLY  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
 ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL EMPLOYEES TO PARTICIPATE
 IN IMMIGRATION ENFORCEMENT.
   § 6. Section 500-c of the correction law is amended by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.  (A) THE CHIEF ADMINISTRATIVE OFFICER SHALL NOT, BY FORMAL AGREE-
 MENT OR OTHERWISE, ALLOW ANY OFFICER OR EMPLOYEE OF A COUNTY CORRECTION-
 AL FACILITY TO BE SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION
 AUTHORITIES, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (B) THE CHIEF ADMINISTRATIVE OFFICER SHALL ENSURE THAT NO  OFFICER  OR
 EMPLOYEE  OF A COUNTY CORRECTIONAL FACILITY SPENDS TIME WHILE ON DUTY OR
 USES CORRECTIONAL FACILITY RESOURCES  FOR  IMMIGRATION  ENFORCEMENT,  AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (C)  ALL  REQUESTS  FOR  ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
 COUNTY JAILS OR THEIR OFFICERS ACTING IN THE COURSE OF THEIR DUTIES  AND
 ALL  OTHER  COMMUNICATIONS BETWEEN CORRECTIONS PERSONNEL AND IMMIGRATION
 AUTHORITIES SHALL BE RECORDED. THE CHIEF  ADMINISTRATIVE  OFFICER  SHALL
 PRODUCE  AN  ANNUAL  REPORT LISTING ALL SUCH REQUESTS AND COMMUNICATIONS
 AND STATING THE CONTENT AND OUTCOME OF REQUEST OR  COMMUNICATION,  WHICH
 SHALL  BE  PROMPTLY  DELIVERED TO THE OFFICE OF THE ATTORNEY GENERAL AND
 WHICH SHALL BE A PUBLIC RECORD.
   § 7. Section 147 of the correction law is REPEALED.
   § 8. Section 500-f of the correction law is REPEALED.
   § 9. Section 621 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  THIS  SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY LAW ENFORCEMENT
 OFFICER OR AGENCY OF THIS STATE OR ITS SUBDIVISIONS TO PARTICIPATE IN OR
 ASSIST WITH IMMIGRATION ENFORCEMENT, AS DEFINED IN SECTION 1.20  OF  THE
 CRIMINAL  PROCEDURE  LAW.    ALL  LAW  ENFORCEMENT  OFFICERS OR AGENCIES
 FURNISHING INFORMATION TO AGENCIES OF OTHER JURISDICTIONS  SHALL  OBTAIN
 FROM THE RECIPIENT AGENCY A CERTIFICATION THAT SUCH INFORMATION WILL NOT
 BE USED FOR IMMIGRATION ENFORCEMENT.
   §  10.  The  executive  law is amended by adding a new section 63-e to
 read as follows:
   § 63-E. IMMIGRATION STATUS REPORTS AND DATABASES. 1. THE OFFICE OF THE
 ATTORNEY GENERAL SHALL REVIEW ALL REPORTS PROVIDED  TO  IT  PURSUANT  TO
 ARTICLE  FIFTEEN-AA  OF  THIS CHAPTER, ARTICLE NINETEEN-C OF THE GENERAL
 MUNICIPAL LAW, AND ARTICLE  TWENTY  OF  THE  CORRECTION  LAW  AND  SHALL
 PREPARE AN ANNUAL SUMMARY OF SUCH REPORTS, WHICH SHALL ALSO IDENTIFY ANY
 ALLEGED  OMISSIONS  OR DISCREPANCIES IN THE REPORTED INFORMATION AND ANY
 INFORMATION THAT MAY INDICATE A VIOLATION OF  STATE  LAW.  SUCH  SUMMARY
 SHALL BE A PUBLIC RECORD.

 S. 3076--A                          9
 
   2.  THE  ATTORNEY  GENERAL  SHALL  ESTABLISH  A  SYSTEM TO SOLICIT AND
 RECEIVE COMPLAINTS FROM THE PUBLIC ABOUT IMPROPER USE  OF  RESOURCES  BY
 STATE  OR  LOCAL  ENTITIES  OR EMPLOYEES FOR IMMIGRATION ENFORCEMENT AND
 IMPROPER SHARING OF INFORMATION BY STATE OR LOCAL ENTITIES OR  EMPLOYEES
 WITH IMMIGRATION AUTHORITIES. THE ATTORNEY GENERAL SHALL INVESTIGATE ALL
 SUCH  COMPLAINTS TO DETERMINE WHETHER A VIOLATION OF STATE LAW OCCURRED,
 AND MAY BRING CIVIL ACTIONS AGAINST STATE OR LOCAL ENTITIES OR EMPLOYEES
 ACTING IN THEIR OFFICIAL CAPACITY IN THE NAME OF THE PEOPLE OF THE STATE
 OF NEW YORK TO OBTAIN APPROPRIATE EQUITABLE OR DECLARATORY RELIEF IF THE
 ATTORNEY GENERAL DETERMINES THAT A VIOLATION OF STATE LAW OCCURRED.
   3. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
 CIES, INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE  VENDORS,
 THE ATTORNEY GENERAL SHALL, BY JANUARY FIRST, TWO THOUSAND TWENTY-TWO IN
 CONSULTATION  WITH  APPROPRIATE  STAKEHOLDERS,  PUBLISH  GUIDANCE, AUDIT
 CRITERIA, AND TRAINING RECOMMENDATIONS AIMED AT ENSURING THAT SUCH DATA-
 BASES ARE GOVERNED IN A MANNER THAT LIMITS THE AVAILABILITY OF  INFORMA-
 TION CONTAINED 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  ENFORCEMENT  AGENCIES
 ARE  ENCOURAGED  TO ADOPT NECESSARY CHANGES TO DATABASE GOVERNANCE POLI-
 CIES CONSISTENT WITH SUCH GUIDANCE.
   § 11. This act shall take effect immediately; provided, however,  that
 the  amendments  to  section 500-c of the correction law made by section
 six of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.

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2021-S3076B (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art 19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7562
2023-2024: S987

2021-S3076B (ACTIVE) - Summary

2021-S3076B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3076B

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the criminal procedure law, the executive law, the
general municipal law and the correction law, in relation to prohibiting
and regulating the discovery and disclosure of immigration status; and
to repeal certain provisions of the correction law relating thereto

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures appropriate use of state and local resources by limiting the use
of state and local resources for immigration enforcement purposes.

 
SUMMARY OF PROVISIONS:

Section one amends Criminal Procedure Law section 1.20 to add five new
definitional subdivisions, 46 - 50 to define the terms "immigration
authorities", "immigration enforcement", "immigration law", "immigration
detainer", and "civil immigration warrant."

Section two adds a new article 145 to the criminal procedure law. This
article defines the duties of police officers, peace officers, and
school resource officers with regard to immigration enforcement. It
prohibits officers from using public resources for immigration enforce-
ment except when required by law, prohibits investigations, interro-
gations, inquires, or collection of information about immigration law
violations or about immigration status, nationality, or country of
origin except when required by law, prohibits notifications of release
date or court dates, prohibits transfer of people to ICE custody,
prohibits entering a person's immigration status into a database unless
necessary for a public program or benefit, prohibits the use of Immi-
gration and Customs Enforcement (ICE) or Customs and Border Protection
(CBP) as interpreters, and requires written notice of rights to inmates
in the event that ICE/CBP are allowed access for interviews. It does not
prohibit officers from complying with valid court orders or federal
judicial warrants.

Section three adds a new section 256-b to the executive law. This
section defines the duties of local probation departments with regard to
immigration enforcement. It prohibits probation officers from inquiring
about immigration status, nationality, or country of origin except when
required by law or necessary for a public program or benefit, prohibits
communication with immigration authorities about people. who are or have
been under department supervision and prohibits disclosure of informa-
tion, prohibits collection of information about a person's citizenship,
immigration status, nationality, or country of origin unless required by
law or necessary for a public program or benefit, prohibits investi-
gations or interrogations about immigration law violations, prohibits
access to non-public areas of the probation agency property by non-local
law enforcement agencies without a judicial warrant, requires written
notice to inmates in the event that ICE/CBP are allowed access for
interviews, prohibits entering immigration status into a departmental
database unless necessary for a public program or benefit, prohibits
investigating a person's immigration status or history (including
providing such information in court-ordered reports), and prohibits the
use of ICE or CBP as interpreters. It does not prohibit local probation

agencies from complying with valid court orders or federal judicial
warrants.

Section four adds a new article 15-AA to the executive law. This article
defines the duties of state employees with regard to immigration
enforcement. It prohibits state employees from using public resources
for immigration enforcement, restricts disclosure of an individual's
personally identifiable information such as name, social security
number, physical description, home address or telephone number to immi-
gration authorities, prohibits investigations or interrogations about
immigration law violations, prohibits inquiries about immigration
status, nationality, or country of origin except when required by law or
necessary for a public program or benefit, prohibits access by non-local
law enforcement to non-public areas of state property without a judicial
warrant, prohibits entering immigration status into a state database
unless necessary for a public program or benefit, prohibits the use of
ICE or CBP as interpreters, and requires reporting on communications
with immigration authorities. It does not prohibit state employees from
complying with valid court orders or federal judicial warrants.

Section five adds a new article 19-c to the general municipal law.  This
article defines the duties of county, town, city, and village employees
with regard to immigration enforcement. It mirrors the same prohibitions
that are established in Section 4 relating to state employees, with one
exception relating to the authority of municipal officials to comply
with certain orders issued by state court judges to produce an individ-
ual to court.

Section six adds a new subdivision 4-a to section 500-c of the
correction law to ban 287(g) agreements under the Immigration and
Nationality Act and requires jail administrators to ensure that
corrections officers do not engage in immigration enforcement.

Section seven repeals section 147 of the corrections law that requires
correctional facilities to investigate immigrants and share that infor-
mation with immigration authorities.

Section eight repeals section 500-f"of the corrections law that requires
jails to collect and make public information such as a person's place of
birth, social relations, education, criminal history, discharge, and
employment details.

Section nine adds a new subdivision 3 to section 621 of the correction
law to require law enforcement officers and agencies furnishing informa-
tion to agencies of other jurisdictions to obtain a certification that
such information will not be used for immigration enforcement.

Section ten adds a new section 63-e to the executive law to require the
attorney general to create guidance on governing databases that limits
the availability of information for immigration enforcement to the full-
est extent possible and consistent with federal and state law and
further requires the attorney general to establish a system to solicit
and receive complaints from the public about the improper use of
resources by state or local entities or employees for immigration
enforcement or the improper sharing of information.

Section eleven makes the bill effective immediately.

 
JUSTIFICATION:

The proper role of state and local government and law enforcement is to
administer public services and promote public safety under the laws of
New York State and its municipalities, not to enforce federal immi-
gration law. However, state and local resources are too often misdi-
rected to assist immigration authorities in performing duties that fall
outside the realm of state and local concern. This entanglement with
immigration enforcement undermines the core mission of state and local
law enforcement by creating mistrust in immigrant communities and caus-
ing immigrants to abstain from reporting crimes or cooperating with
investigations. Immigrant New Yorkers who are the victims of crimes and
are seeking the assistance of local authorities cannot avail themselves
of appropriate government services. This entanglement also encourages
racial profiling by providing incentives to make pretextual arrests to
transfer people to the custody of immigration authorities.

State and local government has no obligation to participate in immi-
gration enforcement. As the New York Supreme Court, Appellate Division,
Second Department, recently affirmed, the New York Criminal Procedure
Law provides no authority for police officers and peace officers in New
York to make arrests for civil immigration violations absent a judicial
warrant. See The People, ex rel. Jordan Wells, on behalf of Susan Fran-
cis v. DeMarco, 168 A.D.3d 31 (2d Dept 2018).  This legislation adds to
these existing restrictions on law enforcement officers' authority by
restricting information sharing with immigration authorities, prohibit-
ing formal agreements to enforce immigration law, and making clear that
public resources should not be used for immigration enforcement
purposes. The legislation also extends those limitations to other state
and local officials and employees.

Disentangling local law enforcement from immigration enforcement is
critical to protect the rights of all New Yorkers, ensure that state and
local officers can perform their core duties, promote community trust,
and prevent disruption of workplaces, families and support systems
throughout the state. Doing so will help keep irreplaceable workers in
the workplace, maintain important sources of tax revenue, and prevent
unnecessary dependence on social services, aiding New York taxpayers and
the state economy and benefiting all residents of New York State.

 
AMENDED BILL:

The "B" print of the bill makes a minor change in Section five relating
to municipal officials not being prohibited from complying with certain
orders to produce issued by state court judges.

 
PRIOR LEGISLATIVE HISTORY:

2020 - Referred to Codes

 
FISCAL IMPLICATIONS:

This bill would result in fiscal savings for municipalities and the
state and would also result in increased tax revenue.

 
EFFECTIVE DATE:
Immediately.

2021-S3076B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3076--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sens. SALAZAR, BAILEY, BIAGGI, BRESLIN, BRISPORT, BROUK,
   CLEARE, COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN,  JACK-
   SON,  KAVANAGH,  KRUEGER,  LIU,  MAY,  MAYER,  MYRIE,  RAMOS,  RIVERA,
   SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- recommitted to the Committee on Codes
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  criminal  procedure law, the executive law, the
   general municipal law and the correction law, in relation to prohibit-
   ing and regulating the discovery and disclosure of immigration status;
   and to repeal certain provisions of the correction law relating there-
   to
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1.20 of the criminal procedure law is amended by
 adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
   46. "IMMIGRATION AUTHORITIES" MEANS ANY OFFICER, EMPLOYEE, OR  GOVERN-
 MENT  EMPLOYEE  WHO  IS RESPONSIBLE FOR ENFORCEMENT OF THE FEDERAL IMMI-
 GRATION AND NATIONALITY ACT, INCLUDING ANY OFFICER OR  AGENT  OF  UNITED
 STATES  IMMIGRATION AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS AND
 BORDER PROTECTION.
   47. "IMMIGRATION ENFORCEMENT"  MEANS  THE  ENFORCEMENT  OF  ANY  CIVIL
 PROVISION  OF  THE  FEDERAL  IMMIGRATION  AND  NATIONALITY  ACT  OR  ANY
 PROVISION OF LAW THAT PENALIZES A PERSON'S PRESENCE IN, ENTRY  INTO,  OR
 REENTRY INTO THE UNITED STATES.
   48.  "IMMIGRATION  LAW" MEANS ANY CIVIL PROVISION OF THE FEDERAL IMMI-
 GRATION AND NATIONALITY ACT AND ANY PROVISION OF LAW  THAT  PENALIZES  A
 PERSON'S PRESENCE IN, ENTRY INTO, OR REENTRY INTO THE UNITED STATES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03012-07-2

 S. 3076--B                          2
 
   49. "IMMIGRATION DETAINER" MEANS ANY DOCUMENT, FORM, OR OTHER COMMUNI-
 CATION  REQUESTING OR DIRECTING THAT A POLICE OFFICER, PEACE OFFICER, OR
 GOVERNMENT ENTITY DETAIN OR MAINTAIN CUSTODY OF AN INDIVIDUAL,  FOR  ANY
 PERIOD OF TIME, FOR PICKUP BY OR TRANSFER TO IMMIGRATION AUTHORITIES.
   50.  "CIVIL  IMMIGRATION WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
 CIVIL IMMIGRATION LAW THAT IS NOT ISSUED BY A JUDGE  APPOINTED  PURSUANT
 TO ARTICLE III OF THE UNITED STATES CONSTITUTION OR A FEDERAL MAGISTRATE
 JUDGE  APPOINTED  PURSUANT  TO  28  USC  § 631, AND INCLUDES ANY WARRANT
 ENTERED INTO THE NATIONAL CRIME INFORMATION CENTER DATABASE.
   § 2. The criminal procedure law is amended by adding a new article 145
 to read as follows:
                                ARTICLE 145
    PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
              OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
 SECTION 145.05 DUTIES OF POLICE OFFICERS,  PEACE  OFFICERS,  AND  SCHOOL
                  RESOURCE OFFICERS; IMMIGRATION.
         145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
         145.15 IMMIGRATION   DETAINER;   QUESTIONING,  INVESTIGATION  OR
                  INTERROGATION PROHIBITED.
         145.20 INQUIRY INTO AND COLLECTION  OF INFORMATION  ABOUT  CITI-
                  ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
         145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
         145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
         145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
         145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
         145.45 WRITTEN CONSENT FOR INTERVIEW.
         145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
         145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
         145.60 APPLICATION OF LAWS.
 § 145.05 DUTIES  OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
            OFFICERS; IMMIGRATION.
   THE DUTIES AND AUTHORITY  OF  POLICE  OFFICERS,  PEACE  OFFICERS,  AND
 SCHOOL  RESOURCE OFFICERS SHALL NOT INCLUDE AUTHORITY TO ENGAGE IN IMMI-
 GRATION  ENFORCEMENT.  POLICE  OFFICERS,  PEACE  OFFICERS,  AND   SCHOOL
 RESOURCE  OFFICERS  SHALL  NOT  USE  PUBLIC  RESOURCES  FOR  IMMIGRATION
 ENFORCEMENT.
 § 145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
   NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL  BE
 SUBJECT  TO  THE DIRECTION OR SUPERVISION OF IMMIGRATION AUTHORITIES. NO
 POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL  PARTIC-
 IPATE  IN  OR BE SUBJECT TO ANY AGREEMENT FOR THE PURPOSE OF IMMIGRATION
 ENFORCEMENT.
 § 145.15 IMMIGRATION DETAINER; QUESTIONING,  INVESTIGATION  OR  INTERRO-
            GATION PROHIBITED.
   NO  POLICE  OFFICER,  PEACE  OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE  BASIS
 OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
 SUSPECTED VIOLATION OF IMMIGRATION LAW.
 § 145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP OR
            IMMIGRATION STATUS PROHIBITED.
   1.  NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION  STATUS,  NATIONALITY,
 OR  COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
 A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
   2. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER  SHALL
 COLLECT INFORMATION REGARDING CITIZENSHIP, IMMIGRATION STATUS, NATIONAL-
 S. 3076--B                          3
 
 ITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
 ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
 § 145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
   NO  POLICE  OFFICER,  PEACE  OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 NOTIFY OR OTHERWISE COMMUNICATE WITH IMMIGRATION AUTHORITIES  REGARDING:
 (I) THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED FROM
 CUSTODY;  (II)  THE  TIME,  DATE,  OR  LOCATION OF AN INDIVIDUAL'S COURT
 APPEARANCE; OR (III) ANY OTHER INFORMATION AVAILABLE TO POLICE OFFICERS,
 PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS THROUGH OR AS  A  RESULT  OF
 SUCH  EMPLOYMENT  AS A POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE
 OFFICER.
 § 145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
   NO POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE  OFFICER  SHALL
 TRANSFER OR FACILITATE THE TRANSFER OF INDIVIDUALS IN HIS OR HER CUSTODY
 TO  THE CUSTODY OF IMMIGRATION AUTHORITIES ABSENT A VALID COURT ORDER OR
 JUDICIAL WARRANT ISSUED BY AN INDEPENDENT JUDGE  APPOINTED  PURSUANT  TO
 ARTICLE  III  OF  THE  UNITED  STATES CONSTITUTION OR FEDERAL MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631 COMMANDING THE ARREST  OF  SUCH
 INDIVIDUAL.
 § 145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
   NO  POLICE  OFFICER,  PEACE  OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY  ANY
 GOVERNMENT  ENTITY  UNLESS  REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
 § 145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
   NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL USE
 IMMIGRATION AUTHORITIES AS  INTERPRETERS  FOR  LAW  ENFORCEMENT  MATTERS
 RELATING  TO  INDIVIDUALS BEING INTERVIEWED, INTERROGATED, INVESTIGATED,
 OR TAKEN INTO CUSTODY.
 § 145.45 WRITTEN CONSENT FOR INTERVIEW.
   1. IN ANY INSTANCE IN  WHICH  IMMIGRATION  AUTHORITIES  ARE  PERMITTED
 ACCESS  TO AN INDIVIDUAL IN THE CUSTODY OF A POLICE OFFICER, PEACE OFFI-
 CER, OR SCHOOL RESOURCE OFFICER FOR THE PURPOSE  OF  BEING  INTERVIEWED,
 THE  OFFICER  SHALL  PROVIDE  THE INDIVIDUAL WITH A WRITTEN CONSENT FORM
 THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUN-
 TARY, AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE  TO
 BE  INTERVIEWED  WITH  HIS  OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT
 FORM SHALL BE PROVIDED IN ENGLISH, SPANISH, AND  THE  FIVE  MOST  WIDELY
 SPOKEN  LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR DEPARTMENT
 IS LOCATED.
   2. AFTER PROVIDING AN INDIVIDUAL IN CUSTODY  WITH  A  WRITTEN  CONSENT
 FORM  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER SHALL KEEP
 A WRITTEN RECORD OF WHETHER    THE  INDIVIDUAL  DECLINED  AN  INTERVIEW,
 CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT THE
 INTERVIEW,  AND  WHETHER  AN  INTERVIEW  OCCURRED.  THE OFFICE OR AGENCY
 EMPLOYING SUCH OFFICER SHALL MAINTAIN ALL SUCH WRITTEN RECORDS AND SHALL
 COMPILE AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF REQUESTS FOR  INTER-
 VIEWS  RECEIVED    AND  WHETHER  EACH INDIVIDUAL DECLINED THE INTERVIEW,
 CONSENTED TO THE INTERVIEW, OR ASKED FOR AN ATTORNEY TO  BE  PRESENT  AT
 THE  INTERVIEW, AND HOW MANY INTERVIEWS OCCURRED. SUCH SUMMARY SHALL NOT
 INCLUDE THE PERSONALLY IDENTIFIABLE INFORMATION  OF  ANY  INDIVIDUAL  IN
 CUSTODY, AND SHALL BE A PUBLIC RECORD.
 § 145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
   THE  PROVISIONS  OF  THIS  ARTICLE SHALL NOT PROHIBIT POLICE OFFICERS,
 PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS FROM  SENDING  OR  RECEIVING
 S. 3076--B                          4
 
 INFORMATION  REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS
 TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
 § 145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
   THE  PROVISIONS  OF  THIS  ARTICLE  SHALL  NOT  PROHIBIT OFFICERS FROM
 COMPLYING WITH VALID COURT ORDERS OR  JUDICIAL  WARRANTS  ISSUED  BY  AN
 INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION  OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC §
 631.
 § 145.60 APPLICATION OF LAWS.
   THE PROVISIONS OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING  ANY  OTHER
 PROVISIONS  OF  STATE  OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN ANY
 WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS  TO
 PARTICIPATE IN IMMIGRATION ENFORCEMENT.
   §  3.  The  executive  law is amended by adding a new section 256-b to
 read as follows:
   § 256-B. DUTIES OF LOCAL PROBATION DEPARTMENTS  REGARDING  IMMIGRATION
 ENFORCEMENT.    1.  FOR  THE  PURPOSES OF THIS SECTION, THE TERMS "IMMI-
 GRATION  AUTHORITIES",  "IMMIGRATION  ENFORCEMENT",  "IMMIGRATION  LAW",
 "IMMIGRATION  DETAINER"  AND  "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE
 SAME MEANING AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   2. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 INQUIRE  ABOUT  A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY,
 OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO  ADMINISTER
 A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   3.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING A PERSON PRESENTLY OR
 FORMERLY UNDER THE SUPERVISION OF SUCH AGENCY OR DEPARTMENT OR  DISCLOSE
 TO  IMMIGRATION  AUTHORITIES INFORMATION GAINED IN THE COURSE OF EMPLOY-
 MENT OR AVAILABLE AS A RESULT OF EMPLOYMENT WITH SUCH AGENCY OR  DEPART-
 MENT.
   4.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 COLLECT INFORMATION ABOUT A PERSON'S  CITIZENSHIP,  IMMIGRATION  STATUS,
 NATIONALITY,  OR  COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY
 TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   5. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 QUESTION,  INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE BASIS
 OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
 SUSPECTED VIOLATION OF IMMIGRATION LAW.
   6. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 PERMIT  NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF
 PROPERTY OR FACILITIES UNDER THE CONTROL OF SUCH  AGENCY  OR  DEPARTMENT
 UNLESS  PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPEND-
 ENT MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVID-
 UAL PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
   7. IN ANY INSTANCE IN  WHICH  IMMIGRATION  AUTHORITIES  ARE  PERMITTED
 ACCESS  TO  AN INDIVIDUAL UNDER THE SUPERVISION OF A PROBATION AGENCY OR
 DEPARTMENT FOR THE PURPOSE OF BEING INTERVIEWED, THE PROBATION AGENCY OR
 DEPARTMENT SHALL PROVIDE THE INDIVIDUAL 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 WITH HIS OR HER ATTORNEY PRESENT. THE WRITTEN  CONSENT  FORM
 SHALL  BE  PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST WIDELY SPOKEN
 LANGUAGES IN THE COUNTY WHERE THE  OFFICER'S  AGENCY  OR  DEPARTMENT  IS
 LOCATED.
   8.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY  ANY
 S. 3076--B                          5
 
 GOVERNMENT  ENTITY  UNLESS  REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   9.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INVESTIGATE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY.
   10. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INCLUDE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY  IN  COURT-
 ORDERED REPORTS.
   11. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 USE  IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS
 RELATING TO INDIVIDUALS UNDER THE SUPERVISION OF SUCH AGENCY OR  DEPART-
 MENT.
   12.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT PROHIBIT EMPLOYEES OF
 PROBATION AGENCIES OR DEPARTMENTS FROM SENDING OR RECEIVING  INFORMATION
 REGARDING  AN  INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS TO OR FROM
 ANY LOCAL, STATE, OR FEDERAL AGENCY.
   13. THE PROVISIONS  OF  THIS  SECTION  SHALL  NOT  PROHIBIT  PROBATION
 DEPARTMENTS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
 JUDICIAL  WARRANTS  ISSUED BY AN INDEPENDENT JUDGE APPOINTED PURSUANT TO
 ARTICLE III OF THE UNITED  STATES  CONSTITUTION  OR  FEDERAL  MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631.
   14.  THE  PROVISIONS  OF  THIS SECTION SHALL APPLY NOTWITHSTANDING ANY
 OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO  IN
 ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
 TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
   §  4.  The  executive  law is amended by adding a new article 15-AA to
 read as follows:
                               ARTICLE 15-AA
        RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
 SECTION 319.   DEFINITIONS.
         319-A. RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE  EMPLOY-
                  EES.
   § 319. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "STATE  ENTITY" MEANS: ANY AGENCY UNDER THE EXECUTIVE AUTHORITY OF
 THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVERNOR APPOINTS THE COMMISSION-
 ER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC BENEFIT  CORPORATION,  PUBLIC
 AUTHORITY,  BOARD,  OR  COMMISSION  FOR  WHICH THE GOVERNOR APPOINTS THE
 CHIEF EXECUTIVE OR A  MAJORITY  OF  THE  BOARD  MEMBERS;  ANY  DIVISION,
 DEPARTMENT,  OR  OFFICE  REGULATED UNDER THIS CHAPTER; THE DEPARTMENT OF
 EDUCATION AND ANY PUBLIC SCHOOL DISTRICT OR  CHARTER  SCHOOL,  DIVISION,
 OFFICE, OR INSTITUTION UNDER THE SUPERVISION OF THE DEPARTMENT OF EDUCA-
 TION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE PUBLIC OFFICERS LAW; THE
 DEPARTMENT  OF CIVIL SERVICE OR ANY OF ITS CIVIL DIVISIONS AS DEFINED IN
 ARTICLE ONE OF THE CIVIL SERVICE LAW; AND ANY CONTRACTOR WHILE  PERFORM-
 ING SERVICES ON BEHALF OF THE STATE.
   2. "STATE EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY: ANY AGENCY UNDER
 THE EXECUTIVE AUTHORITY OF THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVER-
 NOR  APPOINTS  THE  COMMISSIONER OR HIGHEST RANKING EMPLOYEE; ANY PUBLIC
 BENEFIT CORPORATION, PUBLIC AUTHORITY, BOARD, OR  COMMISSION  FOR  WHICH
 THE  GOVERNOR  APPOINTS  THE  CHIEF EXECUTIVE OR A MAJORITY OF THE BOARD
 MEMBERS; ANY DIVISION, DEPARTMENT, OR OFFICE REGULATED UNDER THIS  CHAP-
 TER; THE DEPARTMENT OF EDUCATION AND ANY PUBLIC SCHOOL DISTRICT OR CHAR-
 TER  SCHOOL,  DIVISION,  OFFICE, OR INSTITUTION UNDER THE SUPERVISION OF
 THE DEPARTMENT OF EDUCATION; ALL OFFICES DEFINED IN ARTICLE ONE  OF  THE
 PUBLIC OFFICERS LAW; THE DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL
 S. 3076--B                          6
 
 DIVISIONS  AS  DEFINED  IN  ARTICLE ONE OF THE CIVIL SERVICE LAW; OR ANY
 CONTRACTOR WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.
   3.  FOR  THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION AUTHORI-
 TIES",  "IMMIGRATION  ENFORCEMENT",  "IMMIGRATION   LAW",   "IMMIGRATION
 DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   §  319-A.  RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES.
 1. NO STATE EMPLOYEE SHALL USE STATE RESOURCES, INCLUDING BUT NOT LIMIT-
 ED TO TIME SPENT WHILE ON DUTY OR ANY STATE  PROPERTY,  FOR  IMMIGRATION
 ENFORCEMENT PURPOSES.
   2.  NO  STATE  ENTITY  OR STATE EMPLOYEE SHALL DISCLOSE TO IMMIGRATION
 AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUD-
 ING, BUT NOT LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER,  PHYS-
 ICAL DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
 MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
   3.  NO  STATE  ENTITY OR STATE EMPLOYEE SHALL INQUIRE ABOUT A PERSON'S
 CITIZENSHIP, IMMIGRATION STATUS,  NATIONALITY,  OR  COUNTRY  OF  ORIGIN,
 UNLESS  REQUIRED  BY  LAW OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR
 BENEFIT SOUGHT BY THAT PERSON.
   4. NO STATE ENTITY OR STATE EMPLOYEE SHALL COLLECT INFORMATION ABOUT A
 PERSON'S CITIZENSHIP, IMMIGRATION STATUS,  NATIONALITY,  OR  COUNTRY  OF
 ORIGIN,  UNLESS  REQUIRED  BY  LAW  OR  NECESSARY TO ADMINISTER A PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   5.  NO STATE ENTITY OR STATE EMPLOYEE SHALL QUESTION, INVESTIGATE,  OR
 INTERROGATE  AN INDIVIDUAL SOLELY ON THE BASIS OF AN IMMIGRATION DETAIN-
 ER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED VIOLATION  OF
 IMMIGRATION LAW.
   6.  NO  STATE  ENTITY  OR  STATE  EMPLOYEE  SHALL PERMIT NON-LOCAL LAW
 ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPERTY  OR  FACILI-
 TIES  OWNED BY OR UNDER THE CONTROL OF THE STATE UNLESS PRESENTED WITH A
 JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT MAGISTRATE AUTHORIZING
 A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL PRESENT AT THE TIME  THE
 JUDICIAL WARRANT IS PRESENTED.
   7.  NO  STATE  ENTITY  OR  STATE EMPLOYEE SHALL ENTER A PERSON'S IMMI-
 GRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY STATE  ENTITY  UNLESS
 REQUIRED  OR  NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT
 BY THAT PERSON.
   8. NO STATE ENTITY OR STATE EMPLOYEE SHALL USE IMMIGRATION AUTHORITIES
 AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO INDIVIDUALS SUCH
 ENTITIES OR EMPLOYEES INTERACT WITH AS PART OF THEIR EMPLOYMENT DUTIES.
   9. ALL REQUESTS FOR ASSISTANCE  MADE  BY  IMMIGRATION  AUTHORITIES  TO
 STATE  ENTITIES  OR STATE EMPLOYEES ACTING IN THE COURSE OF THEIR DUTIES
 AND ALL OTHER COMMUNICATIONS BETWEEN  STATE  EMPLOYEES  AND  IMMIGRATION
 AUTHORITIES  SHALL  BE  RECORDED.  EACH STATE ENTITY WHOSE EMPLOYEES ARE
 SUBJECT TO THIS SECTION SHALL ISSUE AN ANNUAL REPORT LISTING THE  NUMBER
 OF  SUCH  REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME
 OF EACH REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY  DELIVERED  TO
 THE OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
   10.  THIS  SECTION  SHALL NOT PROHIBIT STATE EMPLOYEES FROM SENDING OR
 RECEIVING INFORMATION REGARDING AN  INDIVIDUAL'S  CITIZENSHIP  OR  IMMI-
 GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
   11.  THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT STATE EMPLOYEES
 FROM COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
 INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC  §
 631.
 S. 3076--B                          7
 
   12.  THE  PROVISIONS  OF  THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
 OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO  IN
 ANY  WAY EXPAND THE AUTHORITY OF STATE EMPLOYEES TO PARTICIPATE IN IMMI-
 GRATION ENFORCEMENT.
   § 5. The general municipal law is amended by adding a new article 19-C
 to read as follows:
                               ARTICLE 19-C
      DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
                        TO IMMIGRATION ENFORCEMENT
 SECTION 995. RESTRICTION  ON  USE  OF  LOCAL  RESOURCES  FOR IMMIGRATION
                ENFORCEMENT.
   § 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION  ENFORCE-
 MENT.  (A)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERMS "IMMIGRATION
 AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
 DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (B) NO RESOURCES OF ANY MUNICIPAL CORPORATION SHALL  BE  UTILIZED  FOR
 IMMIGRATION ENFORCEMENT. FOR THE PURPOSES OF THIS SUBDIVISION, RESOURCES
 OF  A  MUNICIPAL  CORPORATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TIME
 SPENT BY THE MUNICIPAL CORPORATION'S EMPLOYEES,  OFFICERS,  CONTRACTORS,
 OR  SUBCONTRACTORS  WHILE  ON  DUTY  AND THE USE OF ANY MUNICIPAL CORPO-
 RATION'S PROPERTY.
   (C) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL DISCLOSE
 TO  IMMIGRATION  AUTHORITIES  AN  INDIVIDUAL'S  PERSONALLY  IDENTIFIABLE
 INFORMATION,  INCLUDING  BUT  NOT  LIMITED TO SUCH PERSON'S NAME, SOCIAL
 SECURITY NUMBER, PHYSICAL DESCRIPTION, ANY ASSOCIATED  ADDRESSES,  TELE-
 PHONE  NUMBER,  FINANCIAL  INFORMATION, MEDICAL INFORMATION, OR PLACE OF
 EMPLOYMENT OR EDUCATION.
   (D) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE  THEREOF,  SHALL  QUES-
 TION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL ON THE BASIS OF AN IMMI-
 GRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED
 VIOLATION OF IMMIGRATION LAW.
   (E)  NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL INQUIRE
 ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR  COUN-
 TRY  OF  ORIGIN,  UNLESS  REQUIRED  BY  LAW OR NECESSARY TO ADMINISTER A
 PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (F) NO MUNICIPAL CORPORATION NOR ANY EMPLOYEE THEREOF,  SHALL  COLLECT
 INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALI-
 TY,  OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
 ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (G) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL ENTER  A
 PERSON'S  IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY MUNICI-
 PAL CORPORATION UNLESS REQUIRED OR  NECESSARY  TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (H)  NO  MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL PERMIT
 NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPER-
 TY OR FACILITIES UNDER THE CONTROL OF SUCH MUNICIPAL CORPORATION  UNLESS
 PRESENTED  WITH  A  JUDICIAL  WARRANT  SIGNED  BY A JUDGE OR INDEPENDENT
 MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF  AN  INDIVIDUAL
 PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
   (I)  NO  MUNICIPAL  CORPORATION,  NOR  ANY EMPLOYEE THEREOF, SHALL USE
 IMMIGRATION AUTHORITIES AS  INTERPRETERS  FOR  LAW  ENFORCEMENT  MATTERS
 RELATING  TO  INDIVIDUALS SUCH CORPORATION OR EMPLOYEES INTERACT WITH AS
 PART OF THEIR EMPLOYMENT DUTIES.
   (J) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO LAW
 ENFORCEMENT AGENCIES WITHIN A MUNICIPAL CORPORATION AND ALL OTHER COMMU-
 S. 3076--B                          8

 NICATIONS BETWEEN LAW ENFORCEMENT OFFICERS  WITHIN  A  MUNICIPAL  CORPO-
 RATION  AND  IMMIGRATION  AUTHORITIES  SHALL BE RECORDED. EACH MUNICIPAL
 CORPORATION SHALL ISSUE AN ANNUAL REPORT  LISTING  THE  NUMBER  OF  SUCH
 REQUESTS  OR  COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME OF EACH
 REQUEST OR COMMUNICATION, WHICH  SHALL  BE  PROMPTLY  DELIVERED  TO  THE
 OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
   (K)  THIS  SECTION SHALL NOT PROHIBIT MUNICIPAL EMPLOYEES FROM SENDING
 OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR  IMMI-
 GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
   (L) THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT MUNICIPAL CORPO-
 RATIONS  OR  THEIR  EMPLOYEES  FROM COMPLYING WITH VALID COURT ORDERS OR
 JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED  PURSUANT  TO
 ARTICLE  III  OF  THE  UNITED  STATES CONSTITUTION OR FEDERAL MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631, OR FROM COMPLYING  WITH  VALID
 WRITS OF HABEAS CORPUS AD PROSEQUENDUM OR HABEAS CORPUS AD TESTIFICANDUM
 ISSUED BY A STATE COURT WITH THE AUTHORITY TO DO SO PURSUANT TO SECTIONS
 580.30  AND  650.30  OF THE CRIMINAL PROCEDURE LAW UPON APPLICATION BY A
 DISTRICT ATTORNEY.
   (M) THE PROVISIONS OF THIS ARTICLE  SHALL  APPLY  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
 ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL EMPLOYEES TO PARTICIPATE
 IN IMMIGRATION ENFORCEMENT.
   § 6. Section 500-c of the correction law is amended by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.  (A) THE CHIEF ADMINISTRATIVE OFFICER SHALL NOT, BY FORMAL AGREE-
 MENT OR OTHERWISE, ALLOW ANY OFFICER OR EMPLOYEE OF A COUNTY CORRECTION-
 AL FACILITY TO BE SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION
 AUTHORITIES, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (B) THE CHIEF ADMINISTRATIVE OFFICER SHALL ENSURE THAT NO  OFFICER  OR
 EMPLOYEE  OF A COUNTY CORRECTIONAL FACILITY SPENDS TIME WHILE ON DUTY OR
 USES CORRECTIONAL FACILITY RESOURCES  FOR  IMMIGRATION  ENFORCEMENT,  AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (C)  ALL  REQUESTS  FOR  ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
 COUNTY JAILS OR THEIR OFFICERS ACTING IN THE COURSE OF THEIR DUTIES  AND
 ALL  OTHER  COMMUNICATIONS BETWEEN CORRECTIONS PERSONNEL AND IMMIGRATION
 AUTHORITIES SHALL BE RECORDED. THE CHIEF  ADMINISTRATIVE  OFFICER  SHALL
 PRODUCE  AN  ANNUAL  REPORT LISTING ALL SUCH REQUESTS AND COMMUNICATIONS
 AND STATING THE CONTENT AND OUTCOME OF REQUEST OR  COMMUNICATION,  WHICH
 SHALL  BE  PROMPTLY  DELIVERED TO THE OFFICE OF THE ATTORNEY GENERAL AND
 WHICH SHALL BE A PUBLIC RECORD.
   § 7. Section 147 of the correction law is REPEALED.
   § 8. Section 500-f of the correction law is REPEALED.
   § 9. Section 621 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  THIS  SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY LAW ENFORCEMENT
 OFFICER OR AGENCY OF THIS STATE OR ITS SUBDIVISIONS TO PARTICIPATE IN OR
 ASSIST WITH IMMIGRATION ENFORCEMENT, AS DEFINED IN SECTION 1.20  OF  THE
 CRIMINAL  PROCEDURE  LAW.    ALL  LAW  ENFORCEMENT  OFFICERS OR AGENCIES
 FURNISHING INFORMATION TO AGENCIES OF OTHER JURISDICTIONS  SHALL  OBTAIN
 FROM THE RECIPIENT AGENCY A CERTIFICATION THAT SUCH INFORMATION WILL NOT
 BE USED FOR IMMIGRATION ENFORCEMENT.
   §  10.  The  executive  law is amended by adding a new section 63-e to
 read as follows:
   § 63-E. IMMIGRATION STATUS REPORTS AND DATABASES. 1. THE OFFICE OF THE
 ATTORNEY GENERAL SHALL REVIEW ALL REPORTS PROVIDED  TO  IT  PURSUANT  TO
 ARTICLE  FIFTEEN-AA  OF  THIS CHAPTER, ARTICLE NINETEEN-C OF THE GENERAL
 S. 3076--B                          9
 
 MUNICIPAL LAW, AND ARTICLE  TWENTY  OF  THE  CORRECTION  LAW  AND  SHALL
 PREPARE AN ANNUAL SUMMARY OF SUCH REPORTS, WHICH SHALL ALSO IDENTIFY ANY
 ALLEGED  OMISSIONS  OR DISCREPANCIES IN THE REPORTED INFORMATION AND ANY
 INFORMATION  THAT  MAY  INDICATE  A VIOLATION OF STATE LAW. SUCH SUMMARY
 SHALL BE A PUBLIC RECORD.
   2. THE ATTORNEY GENERAL  SHALL  ESTABLISH  A  SYSTEM  TO  SOLICIT  AND
 RECEIVE  COMPLAINTS  FROM  THE PUBLIC ABOUT IMPROPER USE OF RESOURCES BY
 STATE OR LOCAL ENTITIES OR EMPLOYEES  FOR  IMMIGRATION  ENFORCEMENT  AND
 IMPROPER  SHARING OF INFORMATION BY STATE OR LOCAL ENTITIES OR EMPLOYEES
 WITH IMMIGRATION AUTHORITIES. THE ATTORNEY GENERAL SHALL INVESTIGATE ALL
 SUCH COMPLAINTS TO DETERMINE WHETHER A VIOLATION OF STATE LAW  OCCURRED,
 AND MAY BRING CIVIL ACTIONS AGAINST STATE OR LOCAL ENTITIES OR EMPLOYEES
 ACTING IN THEIR OFFICIAL CAPACITY IN THE NAME OF THE PEOPLE OF THE STATE
 OF NEW YORK TO OBTAIN APPROPRIATE EQUITABLE OR DECLARATORY RELIEF IF THE
 ATTORNEY GENERAL DETERMINES THAT A VIOLATION OF STATE LAW OCCURRED.
   3. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
 CIES,  INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE VENDORS,
 THE ATTORNEY GENERAL SHALL, BY THE FIRST OF JANUARY FOLLOWING THE EFFEC-
 TIVE DATE OF THIS SECTION, IN CONSULTATION WITH  APPROPRIATE  STAKEHOLD-
 ERS,  PUBLISH  GUIDANCE,  AUDIT  CRITERIA,  AND TRAINING RECOMMENDATIONS
 AIMED AT ENSURING THAT SUCH DATABASES ARE  GOVERNED  IN  A  MANNER  THAT
 LIMITS THE AVAILABILITY OF INFORMATION CONTAINED 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 ENFORCEMENT AGENCIES ARE ENCOURAGED TO ADOPT NECESSARY CHANGES
 TO DATABASE GOVERNANCE POLICIES CONSISTENT WITH SUCH GUIDANCE.
   § 11. This act shall take effect immediately; provided, however,  that
 the  amendments  to  section 500-c of the correction law made by section
 six of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.

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Senate Bill S3076

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Senate Bill S3076

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2021-S3076 - Details

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2021-S3076 - Bill Text download pdf

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