Senate Bill S3076B

2021-2022 Legislative Session

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

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Sponsored By

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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Bill Amendments

co-Sponsors

2021-S3076 - Details

See Assembly Version of this Bill:
A2328
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, A9586
2023-2024: S987, A5686

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

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.
              

co-Sponsors

2021-S3076A - Details

See Assembly Version of this Bill:
A2328
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, A9586
2023-2024: S987, A5686

2021-S3076A - 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-S3076A - Sponsor Memo

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.
              

co-Sponsors

2021-S3076B (ACTIVE) - Details

See Assembly Version of this Bill:
A2328
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, A9586
2023-2024: S987, A5686

2021-S3076B (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.

2021-S3076B (ACTIVE) - Sponsor Memo

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
              

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