NY State Senate Bill 2023-S8533

Senate Bill S8533

2023-2024 Legislative Session

Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency when an arrested person or defendant is not a United States citizen; repealer

download bill text pdf

Current 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
Feb 09, 2024	referred to codes

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2023-S8533 (ACTIVE) - Details

See Assembly Version of this Bill:: A9167
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §160.20, add §370.30, CP L; amd §70.15, rpld §70.15 sub 1-a, Pen L; rpld §28, Civ Rts L; rpld §4-a, §212 sub 2 ¶(aa), Judy L

2023-S8533 (ACTIVE) - Summary

Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency (ICE) when an arrested person or defendant is not a United States citizen; adjusts certain maximum sentences for class A misdemeanors and unclassified misdemeanors; repeals provisions of the "protect our courts act".

2023-S8533 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8533

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to requiring law
enforcement and courts to notify the United States Immigration and
Customs Enforcement agency when an arrested person or defendant is not a
United States citizen; to amend the penal law, in relation to adjusting
certain maximum sentences; and to repeal certain provisions of the penal
law, the civil rights law and the judiciary law, in relation to repeal-
ing provisions of the "protect our courts act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To require notification be provided to the United State Immigration and
Customs Enforcement Agency by law enforcement and the courts, and to
reverse policies designed to make it difficult for state and local offi-
cials to assist federal authorities with enforcement of federal immi-
gration law

 
SUMMARY OF PROVISIONS:

Section 1 amends § 160.20 of the criminal procedure law to require
police and law enforcement agencies in New York State to forward copies
of fingerprints and associated reports detailing an arrest of non-citiz-
ens of the United States to the US Immigration and Customs Enforcement
Agency

Section 2 adds a new section § 370.30 to the criminal procedure law to
require all criminal courts, city courts, town courts, and village
courts within the State of New York to notify the US Immigration and
Customs Enforcement agency upon the conviction of a non-citizen of the
United States for a felony or misdemeanor

Section 3 amends subdivisions 1 and 3 of § 70.15 of the penal law, to
reinstate the maximum one-year sentence for a class A misdemeanor that
existed prior to the changes pursuant to section 1 of part 00 of chapter
55 of the laws of 2019

Section 4 repeals subdivision 1-a of § 70.15 of the penal law to ensure
a definite sentence or maximum definite sentence of imprisonment for a
misdemeanor conviction in the state can be one-year instead of three
hundred sixty-four days

Section 5 repeals § 28 of the civil rights law as added by 'chapter 322
of the laws of 2020 which currently prevents certain immigration-related
courthouse arrests

Section 6 repeals § 4-a of the judiciary law granting courts the power
to issue judicial orders to protect certain civil arrests

Section 7 repeals paragraph (aa) of subdivision 2 of § 212 of the judi-
ciary law, as added by chapter 322 of the laws of 2020, which currently
includes provisions that prevent certain immigration-related courthouse
arrests

Section 8 includes the effective date

 
JUSTIFICATION:

The current migrant crisis facing New York State has shined a light on
the failure of national leaders to fully secure the nation's borders.
Unfortunately, New York State has made it difficult for local and state
law enforcement officials to work with their federal colleagues to
effectively enforce federal immigration law.

As we have seen with recent stories of migrants physically assaulting
New York law enforcement officials, and the failure of local and State
officials to ensure the safety of New Yorkers by allowing the release of
such individuals, it is imperative for us to work in concert with our
federal counterparts to enforce our immigration laws. We can no longer
allow for ill-advised policies designed to handcuff our great local and
state law enforcement officials from getting dangerous individuals off
our streets to be enshrined in our laws.

In order to begin to change course, this bill would require local and
state law enforcement and certain courts across New York, to notify ICE
of an arrest or conviction of non-citizens of the United States, would
reinstitute the maximum sentence of 365 days for a class A misdemeanors
that existed prior to the enactment of section 1 of part 00 of chapter
55 of the laws of 2019, and would repeal the "protect our courts act" of
2020 which was designed to make it difficult to enforce federal immi-
gration laws.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State

 
EFFECTIVE DATE:
IMMEDIATELY.

2023-S8533 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8533
 
                             I N  S E N A T E
 
                             February 9, 2024
                                ___________
 
 Introduced  by  Sens. LANZA, ORTT -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to requiring law
   enforcement and courts to notify the  United  States  Immigration  and
   Customs Enforcement agency when an arrested person or defendant is not
   a  United  States  citizen;  to  amend  the  penal law, in relation to
   adjusting certain maximum sentences; and to repeal certain  provisions
   of  the  penal  law,  the  civil  rights law and the judiciary law, in
   relation to repealing provisions of the "protect our courts act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.20 of the criminal procedure law, as amended by
 chapter 108 of the laws of 1973, is amended to read as follows:
 § 160.20 Fingerprinting; forwarding of fingerprints.
   (A) Upon the taking of fingerprints of an arrested person or defendant
 as  prescribed in section 160.10 OF THIS ARTICLE, the appropriate police
 officer or agency must without unnecessary delay forward two  copies  of
 such fingerprints to the division of criminal justice services.
   (B)  IN  THE  EVENT  THE ARRESTED PERSON OR DEFENDANT AS PRESCRIBED IN
 SECTION 160.10 OF THIS ARTICLE IS NOT A CITIZEN OF  THE  UNITED  STATES,
 THE  POLICE OFFICER OR LOCAL LAW ENFORCEMENT AGENCY WHERE THE INTAKE WAS
 PERFORMED SHALL FORWARD  COPIES  OF  SUCH  FINGERPRINTS  AND  ASSOCIATED
 REPORTS  DETAILING  THE  ARREST  TO  THE  UNITED  STATES IMMIGRATION AND
 CUSTOMS ENFORCEMENT AGENCY. THE REQUIREMENT TO NOTIFY THE UNITED  STATES
 IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY SHALL APPLY TO ALL POLICE AND
 LAW ENFORCEMENT AGENCIES WITHIN THE STATE OF NEW YORK.
   §  2.  The  criminal  procedure law is amended by adding a new section
 370.30 to read as follows:
 § 370.30 PROCEDURE FOR COURT NOTIFICATION.
   UPON A CONVICTION FOR A FELONY OR MISDEMEANOR THE COURT IN  WHICH  THE
 DEFENDANT WAS CONVICTED SHALL IMMEDIATELY NOTIFY THE UNITED STATES IMMI-
 GRATION AND CUSTOMS ENFORCEMENT AGENCY WHEN THE DEFENDANT IS NOT A CITI-
 ZEN  OF  THE UNITED STATES. SUCH REQUIREMENT SHALL APPLY TO ALL CRIMINAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14426-01-4

 S. 8533                             2
 
 COURTS, CITY COURTS, TOWN COURTS AND VILLAGE COURTS WITHIN THE STATE  OF
 NEW YORK AS THOSE TERMS ARE DEFINED IN SECTION 10.10 OF THIS CHAPTER.
   §  3.  Subdivisions  1  and  3  of  section 70.15 of the penal law, as
 amended by section 1 of part OO of chapter 55 of the laws of  2019,  are
 amended to read as follows:
   1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
 misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
 imposed  the  term  shall  be  fixed  by the court, and shall not exceed
 [three hundred sixty-four days] ONE YEAR.
   3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
 sified misdemeanor shall be a definite sentence. When such a sentence is
 imposed the term shall be fixed by the court, and shall be in accordance
 with the sentence specified in the law or  ordinance  that  defines  the
 crime  [but,  in any event, it shall not exceed three hundred sixty-four
 days].
   § 4. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
   § 5. Section 28 of the civil rights law, as added by  chapter  322  of
 the laws of 2020, is REPEALED.
   § 6. Section 4-a of the judiciary law is REPEALED.
   §  7.  Paragraph (aa) of subdivision 2 of section 212 of the judiciary
 law, as added by chapter 322 of the laws of 2020, is REPEALED.
   § 8. This act shall take effect immediately.

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