S T A T E O F N E W Y O R K
________________________________________________________________________
2262
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. GANDOLFO, E. BROWN, BARCLAY, DURSO, ANGELINO,
MAHER, GRAY, SLATER, BRABENEC, TAGUE, DeSTEFANO, DiPIETRO, JENSEN,
PALMESANO, LEMONDES, SMULLEN, K. BROWN, SIMPSON, McDONOUGH, GIGLIO,
NOVAKHOV, RA, REILLY, FRIEND, BLUMENCRANZ, GALLAHAN -- read once and
referred 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; to amend the correction law, in
relation to requiring notification of the United States Immigration
and Customs Enforcement agency prior to the release of certain noncit-
izens; 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04588-01-5
A. 2262 2
§ 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
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. Section 147 of the correction law, as amended by chapter 669 of
the laws of 2022, is amended to read as follows:
§ 147. Noncitizen incarcerated individuals of correctional facilities.
The commissioner shall within three months after admission of a nonciti-
zen incarcerated individual to a correctional facility cause an investi-
gation to be made of the record and past history of such noncitizen and
shall upon the termination of such investigation cause the record of
such noncitizen, together with all facts disclosed by such investi-
gation, and [his or her] THE COMMISSIONER'S recommendations as to depor-
tation, to be forwarded to the United States immigration authorities
having such matters in charge. THE COMMISSIONER SHALL NOTIFY THE UNITED
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY OF THE DISCHARGE,
PAROLE OR RELEASE OF A NONCITIZEN INCARCERATED INDIVIDUAL AT LEAST FIVE
DAYS PRIOR TO SUCH DISCHARGE, PAROLE OR RELEASE.
§ 5. Section 500-c of the correction law is amended by adding a new
subdivision 29 to read as follows:
29. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINISTRA-
TIVE OFFICER OF ANY LOCAL CORRECTIONAL FACILITY OPERATED BY THE COUNTY
OR THE CITY OF NEW YORK, OR A SECURE FACILITY OPERATED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, SHALL NOTIFY THE UNITED STATES IMMIGRATION
AND CUSTOMS ENFORCEMENT AGENCY OF THE RELEASE OF A NONCITIZEN INDIVIDUAL
WHO HAS BEEN DETAINED OR CONFINED AT SUCH FACILITY AT LEAST FIVE DAYS
PRIOR TO SUCH RELEASE OR AS SOON AS PRACTICABLE IF RELEASE WILL OCCUR
WITHIN LESS THAN FIVE DAYS.
§ 6. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
§ 7. Section 28 of the civil rights law, as added by chapter 322 of
the laws of 2020, is REPEALED.
§ 8. Section 4-a of the judiciary law is REPEALED.
§ 9. Paragraph (aa) of subdivision 2 of section 212 of the judiciary
law, as added by chapter 322 of the laws of 2020, is REPEALED.
§ 10. This act shall take effect immediately; provided, however, that
the amendments to section 500-c of the correction law made by section
five of this act shall not affect the repeal of such section and shall
be deemed repealed therewith.
This is a COMMON SENSE Bill, yes, yes, yes