NY State Senate Bill 2021-S4240A

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
Jan 05, 2022	referred to codes
Jun 04, 2021	print number 4240a
Jun 04, 2021	amend and recommit to codes
Feb 03, 2021	referred to codes

Bill Amendments

Original

A (Active)

2021-S4240 - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§140.10 & 530.11, add §2.25, CP L; amd §459-h, Soc Serv L; amd §812, Fam Ct Act; add §844, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6044
2023-2024: S2061

2021-S4240 - Summary

Prohibits disclosure of immigration status for victims of domestic violence.

2021-S4240 - Sponsor Memo

                                
 
BILL NUMBER: S4240

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the criminal procedure law, the social services law, the
family court act and the executive law, in relation to maintaining the
confidentiality of immigration status for victims of domestic violence

 
PURPOSE:

To ensure that all women in New York State feel safe to report domestic
violence incidents.

 
SUMMARY OF PROVISIONS:

Section I of the bill amends section 140.10 of the criminal procedure
law, to provide that state and local officers making arrests in domestic
violence cases shall not inquire as to the immigration status of the
victim. It further provides that if the officer inadvertently learns of
it, he or she should not report the status to any local, state, or

federal law enforcement agency.

Section II of the bill amends section 530.11 of the criminal procedure
law to provide that petitioners requesting orders of protection shall
have confidentiality in their immigration status.

Section III of the bill adds a new section 2.25 to the criminal proce-
dure law, prohibiting a law enforcement officer to inquire as to the
immigration status of a domestic violence victim during an investi-
gation.

Sections IV and V of the bill add new language to section 459-h of the
social services lax and section 812 of the family court act, respective-
ly, providing for confidentiality of immigration status during investi-
gations and proceedings by those entities.

Section VI of the bill adds a new section 844 to the executive law,
prohibiting law enforcement officers from referring any information
regarding immigration status to federal law enforcement in the context
of a domestic violence investigation.

Section VII sets forth the effective date.

 
JUSTIFICATION:

According to the National Coalition Against Domestic Violence, one in
four women is a victim of domestic violence at some point during adult-
hood. The incidence is even more frequent for women in immigrant commu-
nities, particularly those who are undocumented. These undocumented
women live in fear that if they report their abuse, they will be
deported. This bill would ensure that no woman in New York State need
fear ending her abuse. With about 25 percent of women within New York
being affected by domestic violence, it is important to ensure their
safety, regardless of immigration status.

 
LEGISLATIVE HISTORY:

Introduced in a previous legislative session.
 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments to
subdivision 4 of section 140.10 of the criminal procedure law made by
section two of this act shall not affect the repeal of such subdivision
and shall be deemed repealed therewith.

2021-S4240 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4240
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 social services law, the
   family court act and the executive law, in relation to maintaining the
   confidentiality of immigration status for victims of domestic violence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subparagraph (ii) of paragraph (b) and paragraph (c) of
 subdivision 4 of section 140.10 of the criminal procedure law,  subpara-
 graph  (ii)  of  paragraph  (b) as amended by chapter 107 of the laws of
 2004 and paragraph (c) as amended by chapter 4 of the laws of 1997,  are
 amended to read as follows:
   (ii)  The  respondent or defendant commits a family offense as defined
 in subdivision one of section eight hundred twelve of the  family  court
 act or subdivision one of section 530.11 of this chapter in violation of
 such  order  of  protection  or special order of conditions.  AN OFFICER
 MAKING AN ARREST UNDER THIS SUBPARAGRAPH SHALL NOT  INQUIRE  AS  TO  THE
 IMMIGRATION  STATUS  OF  THE  PERSON  WHOM THE ORDER PROTECTS.   IF SUCH
 STATUS IS ASCERTAINED AND WOULD RESULT  IN  ADVERSE  IMMIGRATION  CONSE-
 QUENCES TO SUCH PERSON, THE OFFICER SHALL NOT REPORT SUCH INFORMATION TO
 ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   (c)  a  misdemeanor  constituting  a  family  offense, as described in
 subdivision one of section 530.11 of  this  chapter  and  section  eight
 hundred  twelve  of  the  family  court  act, has been committed by such
 person against such  family  or  household  member,  unless  the  victim
 requests  otherwise. The officer shall neither inquire as to whether the
 victim seeks an arrest of such person nor threaten  the  arrest  of  any
 person for the purpose of discouraging requests for police intervention.
 THE  OFFICER  SHALL ALSO NOT INQUIRE AS TO THE IMMIGRATION STATUS OF THE
 VICTIM; NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH STATUS, REPORT  SUCH
 INFORMATION  TO  ANY  LOCAL,  STATE  OR  FEDERAL LAW ENFORCEMENT AGENCY.
 Notwithstanding the foregoing, when an officer has reasonable  cause  to
 believe that more than one family or household member has committed such
 a  misdemeanor,  the officer is not required to arrest each such person.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03325-01-1

 S. 4240                             2
 
 In such circumstances, the officer shall attempt to identify and  arrest
 the  primary  physical  aggressor after considering: (i) the comparative
 extent of any injuries inflicted by and between the parties; (ii) wheth-
 er  any such person is threatening or has threatened future harm against
 another party or another family or household member; (iii)  whether  any
 such  person  has  a prior history of domestic violence that the officer
 can reasonably ascertain; and (iv) whether any such person acted  defen-
 sively  to  protect  himself  or  herself from injury. The officer shall
 evaluate each complaint separately to determine who is the primary phys-
 ical aggressor and shall not base the  decision  to  arrest  or  not  to
 arrest  on  the  willingness of a person to testify or otherwise partic-
 ipate in a judicial proceeding.
   § 2.  Subdivision 2 of section 530.11 of the criminal procedure law is
 amended by adding a new paragraph (j) to read as follows:
   (J) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
 SHALL BE KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED  TO  ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   §  3.    The criminal procedure law is amended by adding a new section
 2.25 to read as follows:
 § 2.25 PROHIBITIONS ON LAW ENFORCEMENT AGENCIES AND PEACE OFFICERS.
   A LAW ENFORCEMENT AGENCY OF THE STATE OR A  POLITICAL  SUBDIVISION  OF
 THE  STATE  OR  A PEACE OFFICER MAY NOT INQUIRE AS TO THE NATIONALITY OR
 IMMIGRATION STATUS OF A VICTIM OF OR WITNESS TO  DOMESTIC  VIOLENCE,  AS
 SUCH  TERMS  ARE  DEFINED  BY  SECTION  FOUR HUNDRED FIFTY-NINE-A OF THE
 SOCIAL SERVICES LAW, EXCEPT AS NECESSARY TO INVESTIGATE THE OFFENSE, NOR
 SHALL SUCH OFFICER REPORT OR REFER SUCH STATUS TO ANY  LOCAL,  STATE  OR
 FEDERAL LAW ENFORCEMENT AGENCY.
   §  4.  Section 459-h of the social services law is amended by adding a
 new subdivision 3 to read as follows:
   3.  ALL INFORMATION RELATED TO A VICTIM OF DOMESTIC  VIOLENCE'S  IMMI-
 GRATION STATUS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED FOR
 ANY  PURPOSE, INCLUDING SUCH INVESTIGATIONS THAT MAY BE CONDUCTED BY ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY RELATING TO SAID INDIVID-
 UAL'S IMMIGRATION STATUS.
   § 5. Subdivision 2 of section 812 of the family court act  is  amended
 by adding a new paragraph (h) to read as follows:
   (H) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
 SHALL  BE  KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED TO ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   § 6. The executive law is amended by adding a new section 844 to  read
 as follows:
   §  844.  INQUIRY INTO IMMIGRATION STATUS PROHIBITED IN CERTAIN CIRCUM-
 STANCES. IN CONDUCTING AN INVESTIGATORY ACTIVITY,  INCLUDING  AN  INTER-
 VIEW, INTO ANY INCIDENT OF DOMESTIC VIOLENCE, AS SUCH TERM IS DEFINED IN
 ARTICLE  SIX-A OF THE SOCIAL SERVICES LAW, A LAW ENFORCEMENT AGENCY OR A
 LAW ENFORCEMENT OFFICIAL SHALL NOT INQUIRE ABOUT  OR  SEEK  PROOF  OF  A
 PERSON'S IMMIGRATION STATUS, NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH
 STATUS, REFER OR REPORT ANY FINDINGS REGARDING SUCH STATUS TO ANY LOCAL,
 STATE  OR  FEDERAL  LAW  ENFORCEMENT AGENCY. ANY INFORMATION OBTAINED IN
 SUCH INVESTIGATORY ACTIVITY  REGARDING  A  PERSON'S  IMMIGRATION  STATUS
 SHALL BE KEPT CONFIDENTIAL.
   §  7. This act shall take effect immediately, provided that the amend-
 ments to subdivision 4 of section 140.10 of the criminal  procedure  law
 made  by  section  one  of  this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith.

2021-S4240A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§140.10 & 530.11, add §2.25, CP L; amd §459-h, Soc Serv L; amd §812, Fam Ct Act; add §844, Exec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6044
2023-2024: S2061

2021-S4240A (ACTIVE) - Summary

Prohibits disclosure of immigration status for victims of domestic violence.

2021-S4240A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4240A

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the criminal procedure law, the social services law, the
family court act and the executive law, in relation to maintaining the
confidentiality of immigration status for victims of domestic violence

 
PURPOSE:

To ensure that all women in New York State feel safe to report domestic
violence incidents.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 140.10 of the criminal procedure
law, to provide that state and local officers making arrests in domestic
violence cases shall not inquire as to the immigration status of the
victim. It further provides that if the officer inadvertently learns of
it, he or she should not report the status to any local, state, or

federal law enforcement agency.

Section 2 of the bill amends section 530.11 of the criminal procedure
law to provide that petitioners requesting orders of protection shall
have confidentiality in their immigration status.

Section 3 of the bill adds a new section 2.25 to the criminal procedure
law, prohibiting a law enforcement officer to inquire as to the immi-
gration status of a domestic violence victim during an investigation.

Sections 4 and 5 of the bill add new language to section 459-h of the
social services lax and section 812 of the family court act, respective-
ly, providing for confidentiality of immigration status during investi-
gations and proceedings by those entities.

Section 6 of the bill adds a new section 844 to the executive law,
prohibiting law enforcement officers from referring any information
regarding immigration status to federal law enforcement in the context
of a domestic violence investigation.

Section 7 provides that information may be disclosed pursuant to a
lawfully issue subpoena.

Section 8 sets forth the effective date.

 
JUSTIFICATION:

According to the National Coalition Against Domestic Violence, one in
four women is a victim of domestic violence at some point during adult-
hood. The incidence is even more frequent for women in immigrant commu-
nities, particularly those who are undocumented. These undocumented
women live in fear that if they report their abuse, they will be
deported. This bill would ensure that no woman in New York State need
fear ending her abuse. With about 25 percent of women within New York
being affected by domestic violence, it is important to ensure their
safety, regardless of immigration status.

 
LEGISLATIVE HISTORY:
Introduced in a previous legislative session.

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments to
subdivision 4 of section 140.10 of the criminal procedure law made by
section two of this act shall not affect the repeal of such subdivision
and shall be deemed repealed therewith.

2021-S4240A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4240--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. 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 social services law, the
   family court act and the executive law, in relation to maintaining the
   confidentiality of immigration status for victims of domestic violence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subparagraph (ii) of paragraph (b) and  paragraph  (c)  of
 subdivision  4 of section 140.10 of the criminal procedure law, subpara-
 graph (ii) of paragraph (b) as amended by chapter 107  of  the  laws  of
 2004  and paragraph (c) as amended by chapter 4 of the laws of 1997, are
 amended to read as follows:
   (ii) The respondent or defendant commits a family offense  as  defined
 in  subdivision  one of section eight hundred twelve of the family court
 act or subdivision one of section 530.11 of this chapter in violation of
 such order of protection or special order of  conditions.    AN  OFFICER
 MAKING  AN  ARREST  UNDER  THIS SUBPARAGRAPH SHALL NOT INQUIRE AS TO THE
 IMMIGRATION STATUS OF THE PERSON WHOM  THE  ORDER  PROTECTS.    IF  SUCH
 STATUS  IS  ASCERTAINED  AND  WOULD RESULT IN ADVERSE IMMIGRATION CONSE-
 QUENCES TO SUCH PERSON, THE OFFICER SHALL NOT REPORT SUCH INFORMATION TO
 ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   (c) a misdemeanor constituting  a  family  offense,  as  described  in
 subdivision  one  of  section  530.11  of this chapter and section eight
 hundred twelve of the family court  act,  has  been  committed  by  such
 person  against  such  family  or  household  member,  unless the victim
 requests otherwise. The officer shall neither inquire as to whether  the
 victim  seeks  an  arrest  of such person nor threaten the arrest of any
 person for the purpose of discouraging requests for police intervention.
 THE OFFICER SHALL ALSO NOT INQUIRE AS TO THE IMMIGRATION STATUS  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03325-02-1

 S. 4240--A                          2
 
 VICTIM;  NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH STATUS, REPORT SUCH
 INFORMATION TO ANY LOCAL,  STATE  OR  FEDERAL  LAW  ENFORCEMENT  AGENCY.
 Notwithstanding  the  foregoing, when an officer has reasonable cause to
 believe that more than one family or household member has committed such
 a  misdemeanor,  the officer is not required to arrest each such person.
 In such circumstances, the officer shall attempt to identify and  arrest
 the  primary  physical  aggressor after considering: (i) the comparative
 extent of any injuries inflicted by and between the parties; (ii) wheth-
 er any such person is threatening or has threatened future harm  against
 another  party  or another family or household member; (iii) whether any
 such person has a prior history of domestic violence  that  the  officer
 can  reasonably ascertain; and (iv) whether any such person acted defen-
 sively to protect himself or herself  from  injury.  The  officer  shall
 evaluate each complaint separately to determine who is the primary phys-
 ical  aggressor  and  shall  not  base  the decision to arrest or not to
 arrest on the willingness of a person to testify  or  otherwise  partic-
 ipate in a judicial proceeding.
   § 2.  Subdivision 2 of section 530.11 of the criminal procedure law is
 amended by adding a new paragraph (j) to read as follows:
   (J) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
 SHALL  BE  KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED TO ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   § 3.  The criminal procedure law is amended by adding  a  new  section
 2.25 to read as follows:
 § 2.25 PROHIBITIONS ON LAW ENFORCEMENT AGENCIES AND PEACE OFFICERS.
   A  LAW  ENFORCEMENT  AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF
 THE STATE OR A PEACE OFFICER MAY NOT INQUIRE AS TO  THE  NATIONALITY  OR
 IMMIGRATION  STATUS  OF  A VICTIM OF OR WITNESS TO DOMESTIC VIOLENCE, AS
 SUCH TERMS ARE DEFINED BY  SECTION  FOUR  HUNDRED  FIFTY-NINE-A  OF  THE
 SOCIAL SERVICES LAW, EXCEPT AS NECESSARY TO INVESTIGATE THE OFFENSE, NOR
 SHALL  SUCH  OFFICER  REPORT OR REFER SUCH STATUS TO ANY LOCAL, STATE OR
 FEDERAL LAW ENFORCEMENT AGENCY.
   § 4.  Section 459-h of the social services law is amended by adding  a
 new subdivision 3 to read as follows:
   3.    ALL INFORMATION RELATED TO A VICTIM OF DOMESTIC VIOLENCE'S IMMI-
 GRATION STATUS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED FOR
 ANY PURPOSE, INCLUDING SUCH INVESTIGATIONS THAT MAY BE CONDUCTED BY  ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY RELATING TO SAID INDIVID-
 UAL'S IMMIGRATION STATUS.
   §  5.  Subdivision 2 of section 812 of the family court act is amended
 by adding a new paragraph (h) to read as follows:
   (H) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
 SHALL BE KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED  TO  ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   §  6. The executive law is amended by adding a new section 844 to read
 as follows:
   § 844. INQUIRY INTO IMMIGRATION STATUS PROHIBITED IN  CERTAIN  CIRCUM-
 STANCES.  IN  CONDUCTING  AN INVESTIGATORY ACTIVITY, INCLUDING AN INTER-
 VIEW, INTO ANY INCIDENT OF DOMESTIC VIOLENCE, AS SUCH TERM IS DEFINED IN
 ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, A LAW ENFORCEMENT AGENCY OR  A
 LAW  ENFORCEMENT  OFFICIAL  SHALL  NOT  INQUIRE ABOUT OR SEEK PROOF OF A
 PERSON'S IMMIGRATION STATUS, NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH
 STATUS, REFER OR REPORT ANY FINDINGS REGARDING SUCH STATUS TO ANY LOCAL,
 STATE OR FEDERAL LAW ENFORCEMENT AGENCY.  ANY  INFORMATION  OBTAINED  IN
 SUCH  INVESTIGATORY  ACTIVITY  REGARDING  A  PERSON'S IMMIGRATION STATUS
 SHALL BE KEPT CONFIDENTIAL.

 S. 4240--A                          3
 
   § 7. Notwithstanding any other law, rule or regulation to the  contra-
 ry,  nothing  in  this  act  shall prevent the disclosure of information
 pursuant to a lawfully issued subpoena.
   §  8. This act shall take effect immediately, provided that the amend-
 ments to subdivision 4 of section 140.10 of the criminal  procedure  law
 made  by  section  one  of  this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith.

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Senate Bill S4240A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2021-S4240 - Details

2021-S4240 - Summary

2021-S4240 - Sponsor Memo

2021-S4240 - Bill Text download pdf

2021-S4240A (ACTIVE) - Details

2021-S4240A (ACTIVE) - Summary

2021-S4240A (ACTIVE) - Sponsor Memo

2021-S4240A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4240A

Share this bill

Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2021-S4240 - Details

2021-S4240 - Summary

2021-S4240 - Sponsor Memo

2021-S4240 - Bill Text download pdf

2021-S4240A (ACTIVE) - Details

2021-S4240A (ACTIVE) - Summary

2021-S4240A (ACTIVE) - Sponsor Memo

2021-S4240A (ACTIVE) - Bill Text download pdf

Comments