Assembly Bill A5686

2023-2024 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 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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2023-A5686 (ACTIVE) - Details

See Senate Version of this Bill:
S987
Current Committee:
Assembly Ways And Means
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: A9586, S7562
2021-2022: A2328, S3076

2023-A5686 (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.

2023-A5686 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5686
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2023
                                ___________
 
 Introduced  by  M.  of A. REYES, CARROLL, EPSTEIN, L. ROSENTHAL, WEPRIN,
   SIMON, FORREST, TAYLOR, STECK, CRUZ, BURGOS, ANDERSON,  CLARK,  DINOW-
   ITZ,  MITAYNES,  OTIS,  KELLES,  GALLAGHER,  GONZALEZ-ROJAS,  PRETLOW,
   SEAWRIGHT, HEVESI, JACOBSON, MAMDANI, BURDICK, LAVINE, JACKSON, MEEKS,
   THIELE, VANEL, WALKER,  RAMOS,  JEAN-PIERRE,  JOYNER,  GLICK,  DAVILA,
   BRONSON,   TAPIA,  PAULIN,  LUNSFORD,  FAHY,  DE LOS SANTOS,  DICKENS,
   CUNNINGHAM, KIM, RIVERA -- Multi-Sponsored by -- M. of A. COOK -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02333-01-3
              

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