assembly Bill A2328A

2021-2022 Legislative Session

Prohibits and regulates the discovery and disclosure of immigration status; repealer

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Current Bill Status - In Assembly Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2021 reported referred to rules
Apr 28, 2021 print number 2328a
Apr 28, 2021 amend and recommit to ways and means
Mar 09, 2021 reported referred to ways and means
Jan 14, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2328 - Details

See Senate Version of this Bill:
S3076
Current Committee:
Assembly Rules
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 2019-2020 Legislative Session:
A9586, S7562

A2328 - 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.

A2328 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2328
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. REYES, L. ROSENTHAL, RODRIGUEZ, WEPRIN, EPSTEIN,
   CARROLL, SIMON, DE LA ROSA, TAYLOR, QUART -- read once and referred 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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2328A (ACTIVE) - Details

See Senate Version of this Bill:
S3076
Current Committee:
Assembly Rules
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 2019-2020 Legislative Session:
A9586, S7562

A2328A (ACTIVE) - 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.

A2328A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2328--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by M. of A. REYES, L. ROSENTHAL, RODRIGUEZ, WEPRIN, EPSTEIN,
   CARROLL, SIMON,  DE LA ROSA,  TAYLOR,  QUART,  FORREST,  STECK,  CRUZ,
   BURGOS,   ANDERSON,  MITAYNES,  O'DONNELL,  DINOWITZ,  CLARK,  KELLES,
   GALLAGHER, OTIS, GONZALEZ-ROJAS, PRETLOW, SEAWRIGHT,  MAMDANI,  JACOB-
   SON, HEVESI, VANEL, BURDICK, LAVINE, GOTTFRIED, MEEKS, JACKSON, THIELE
   --  Multi-Sponsored  by  -- M. of A. COOK -- read once and referred to
   the Committee on Codes -- reported and referred to  the  Committee  on
   Ways   and  Means  --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03012-02-1