NY State Senate Bill 2023-S6964

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2024	notice of committee consideration - requested
Jan 03, 2024	referred to veterans, homeland security and military affairs
May 16, 2023	referred to veterans, homeland security and military affairs

co-Sponsors

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2023-S6964 (ACTIVE) - Details

See Assembly Version of this Bill:: A7706
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Executive Law
Laws Affected:: Amd §709, Exec L; add §139-e, Gen Muni L

2023-S6964 (ACTIVE) - Summary

Requires that local governments comply with a detainer request issued by a federal law enforcement agency; requires that such local government not interfere with the ability of federal law enforcement officials to conduct enforcement activities at municipal or county jails in furtherance of their duty to enforce federal laws.

2023-S6964 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6964              Revised 5/19/2023

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the executive law and the general municipal law, in
relation to prohibiting local government action which prevents the
enforcement of federal laws

 
PURPOSE:

This bill, which shall be known as the New Yorkers Combating Alien Reci-
divism and Ending Sanctuary (NY CARES) Act, prohibits local governments
and entities thereof, including sheriffs departments, municipal police
departments and district attorney's offices, from adopting laws or poli-
cies which impede or interfere with the enforcement of federal immi-
gration laws.

 
SUMMARY OF PROVISIONS:

Sections One adds a new paragraph (u) to subdivision 2 of section 709 of
the Executive Law, relating to the powers and duties of the Commissioner

of the Division of Homeland Security and Emergency Services. This new
paragraph requires the commissioner to develop a plan to ensure that no
local government adopts any law or policy which serves to impede or
interfere with the enforcement of federal immigration laws.

Section Two adds a new section 139-E to the general municipal law,
prohibiting a local government from adopting a law or policy which
interferes with the enforcement of federal immigration laws.

Section Three adds a severability clause.

Section Four provides that this act shall take effect immediately.

 
JUSTIFICATION:

This bill, will be known as the NY CARES Act (New Yorkers Combating
Alien Recidivism and Ending Sanctuary).

With the federal Title 42 law expiration, New York state and many juris-
dictions therein have declared a state of emergency due to the antic-
ipated influx of illegal immigrants.

Within days-- and even before the official expiration of Title 42--
jurisdictions in the state have acted to provide sanctuary to illegal
immigrants, sometimes at the detriment of other New York residents.

Criminals are pouring over the southern U.S. border now, and many are
being bused to municipalities all across the state. Local governments
are ill-equipped to handle this influx, and in fact have admittedly
declared the various states of emergency due to their incapacity to deal
with it.

Alarmingly, illegal gangs and drug activity will increase with this
influx making problems like the fentanyl crisis in our communities
increase exponentially.


However well intentioned, it is clear that local policies of non-cooper-
ation with federal detention requests puts innocent lives at risk and
should be abandoned. Our local law enforcement agencies should not be
providing sanctuary to any person who is in their custody, who is also
the subject of a detention order issued by any federal law enforcement
agency.

Also, local governments should not be picking and choosing which federal
laws or agencies that they wish to cooperate with, and those which they
wish to obstruct.

This bill is urgently needed to ensure that local laws will not be put
into place that will hinder the enforcement of federal immigration laws.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6964 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6964
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by Sens. MURRAY, WEIK -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Veterans,  Homeland
   Security and Military Affairs
 
 AN  ACT  to  amend  the  executive law and the general municipal law, in
   relation to prohibiting local government  action  which  prevents  the
   enforcement of federal laws

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (s) and (t) of subdivision 2 of section  709  of
 the  executive  law, paragraph (s) as amended and paragraph (t) as added
 by section 14 of part B of chapter 56 of the laws of 2010,  are  amended
 and paragraph (u) of subdivision 2 is relettered paragraph (v) and a new
 paragraph (u) is added to read as follows:
   (s)  work  in consultation with or make recommendations to the commis-
 sioner of agriculture and markets in developing  rules  and  regulations
 relating to ammonium nitrate security; [and]
   (t) develop, maintain, and deploy state, regional and local all-hazard
 incident management teams[.]; AND
   (U) DEVELOP A PLAN, IN CONJUNCTION WITH THE STATE POLICE, TO DETERMINE
 WHETHER  A COUNTY, CITY, TOWN OR VILLAGE, ANY AGENCY, OFFICE, DEPARTMENT
 OR AUTHORITY THEREOF, INCLUDING A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE
 DEPARTMENT OR DISTRICT ATTORNEY'S  OFFICE  IS  IN  COMPLIANCE  WITH  THE
 REQUIREMENTS OF SECTION ONE HUNDRED THIRTY-NINE-E OF THE GENERAL MUNICI-
 PAL  LAW.  TOGETHER,  THE  COMMISSIONER  AND SUPERINTENDENT OF THE STATE
 POLICE SHALL COMPILE A LIST OF LOCAL GOVERNMENT ENTITIES THAT ARE DEEMED
 TO BE IN VIOLATION OF SECTION ONE HUNDRED THIRTY-NINE-E OF  THE  GENERAL
 MUNICIPAL  LAW.  THIS  LIST  SHALL  BE  UPDATED  MONTHLY,  AND  SHALL BE
 FORWARDED TO THE COMPTROLLER.
   § 2. The general municipal law is amended  by  adding  a  new  section
 139-e to read as follows:
   §  139-E.  PROHIBITION  AGAINST LOCAL GOVERNMENT ACTION PREVENTING THE
 ENFORCEMENT OF FEDERAL LAWS. 1. IN ACCORDANCE  WITH  ARTICLES  NINE  AND
 THIRTEEN  OF  THE CONSTITUTION, NO COUNTY, CITY, TOWN OR VILLAGE, OR ANY
 AGENCY, OFFICE, DEPARTMENT OR AUTHORITY THEREOF, INCLUDING  A  SHERIFF'S

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11364-01-3
 S. 6964                             2
 
 DEPARTMENT,  MUNICIPAL POLICE DEPARTMENT, OR DISTRICT ATTORNEY'S OFFICE,
 OR THE GOVERNING BODY THEREOF, SHALL ADOPT ANY RULE,  ORDER,  ORDINANCE,
 LOCAL  LAW  OR  POLICY,  EITHER  FORMALLY  OR INFORMALLY, PROHIBITING OR
 INHIBITING THE FOLLOWING:
   (A)  THE  COMPLIANCE  WITH  A DETAINER REQUEST ISSUED BY A FEDERAL LAW
 ENFORCEMENT AGENCY, PERTAINING TO AN INDIVIDUAL LAWFULLY DETAINED BY THE
 LOCAL GOVERNMENT ENTITY; OR
   (B) THE ABILITY OF FEDERAL LAW  ENFORCEMENT  OFFICIALS  TO  ENTER  AND
 CONDUCT  ENFORCEMENT ACTIVITIES AT A MUNICIPAL OR COUNTY JAIL, IN FURTH-
 ERANCE OF THEIR DUTY TO ENFORCE FEDERAL LAWS.
   2. FOR PURPOSES OF THIS SECTION, A "FEDERAL  LAW  ENFORCEMENT  AGENCY"
 INCLUDES THE:
   (A) UNITED STATES CENTRAL INTELLIGENCE AGENCY,
   (B) UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
   (C) UNITED STATES DEPARTMENT OF JUSTICE,
   (D) UNITED STATES DRUG ENFORCEMENT ADMINISTRATION,
   (E) FEDERAL AIR MARSHAL SERVICE,
   (F) FEDERAL BUREAU OF INVESTIGATION,
   (G) FEDERAL EMERGENCY MANAGEMENT AGENCY,
   (H) FEDERAL PROTECTIVE SERVICE,
   (I) UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT,
   (J) NATIONAL PARK SERVICE,
   (K) UNITED STATES SECRET SERVICE,
   (L) TRANSPORTATION SECURITY ADMINISTRATION,
   (M) UNITED STATES COAST GUARD,
   (N) UNITED STATES CUSTOMS AND BORDER PROTECTION, AND
   (O) UNITED STATES MARSHALS.
   3.  (A)  A  PERSON  SHALL NOT BE CONSIDERED TO BE LAWFULLY DETAINED IF
 SUCH CONTACT WITH LAW ENFORCEMENT IS FOR  THE  PURPOSE  OF  REPORTING  A
 CRIME  OR  SUSPECTED CRIMINAL ACTIVITY, OR WHEN THE PURPOSE IS TO ASSIST
 LAW ENFORCEMENT WITH AN INVESTIGATION.
   (B) THIS SECTION SHALL NOT  APPLY  TO  ANY  SCHOOL  DISTRICT,  CHARTER
 SCHOOL OR MUNICIPAL HEALTH SERVICES FACILITY.
   4.  (A)  NO  STATE  FUNDING  SHALL BE APPROPRIATED OR DISBURSED TO ANY
 COUNTY, CITY, TOWN OR VILLAGE, OR  ANY  AGENCY,  OFFICE,  DEPARTMENT  OR
 AUTHORITY  THEREOF,  INCLUDING  A SHERIFF'S DEPARTMENT, MUNICIPAL POLICE
 DEPARTMENT OR DISTRICT ATTORNEY'S OFFICE, DETERMINED TO BE IN  VIOLATION
 OF THIS SECTION, PURSUANT TO PARAGRAPH (U) OF SUBDIVISION TWO OF SECTION
 SEVEN HUNDRED NINE OF THE EXECUTIVE LAW.
   (B)  THE  COMPTROLLER  SHALL, PRIOR TO THE DISBURSEMENT OR DELIVERY OF
 ANY STATE FUNDS, TO A COUNTY, CITY, TOWN  OR  VILLAGE,  OR  ANY  AGENCY,
 OFFICE, DEPARTMENT OR AUTHORITY THEREOF, VERIFY THAT THE RECEIVING ENTI-
 TY  HAS  NOT  BEEN  DETERMINED  TO  BE  IN VIOLATION OF THIS SECTION, IN
 ACCORDANCE WITH THE MOST RECENT LISTING RECEIVED PURSUANT  TO  PARAGRAPH
 (U)  OF  SUBDIVISION  TWO OF SECTION SEVEN HUNDRED NINE OF THE EXECUTIVE
 LAW.
   § 3. If any clause, sentence, paragraph, subdivision, section or  part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, such judgment shall not affect,  impair  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  subdivision,  section  or  part  thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered. It is hereby declared to be the intent of the legislature that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 4. This act shall take effect immediately.

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Senate Bill S6964

Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2023-S6964 (ACTIVE) - Details

2023-S6964 (ACTIVE) - Summary

2023-S6964 (ACTIVE) - Sponsor Memo

2023-S6964 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6964

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Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

co-Sponsors

2023-S6964 (ACTIVE) - Details

2023-S6964 (ACTIVE) - Summary

2023-S6964 (ACTIVE) - Sponsor Memo

2023-S6964 (ACTIVE) - Bill Text download pdf

Comments