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Senate Bill S5930

2025-2026 Legislative Session

Requires the arraignment of undocumented citizens who have committed certain crimes to occur within twenty-four hours and to determine custody of such undocumented citizen

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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2025-S5930 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §170.10, CP L

2025-S5930 (ACTIVE) - Summary

Requires the arraignment of undocumented citizens who have committed violent crimes to occur within twenty-four hours and to determine at such arraignment whether such undocumented citizen shall be placed in the custody of federal immigration authorities or remain in the custody of the state.

2025-S5930 (ACTIVE) - Sponsor Memo

2025-S5930 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5930
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2025
                                ___________
 
 Introduced  by  Sen. MARTINS -- 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 the
   arraignment of undocumented citizens who have committed certain crimes
   to occur within twenty-four hours and to determine at such arraignment
   whether such undocumented citizen shall be placed in  the  custody  of
   federal immigration authorities or remain in the custody of the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 170.10 of the criminal procedure law is amended  by
 adding a new subdivision 8-b to read as follows:
   8-B.  WHERE  AN  INFORMATION, A SIMPLIFIED INFORMATION, A PROSECUTOR'S
 INFORMATION, A MISDEMEANOR COMPLAINT, A FELONY COMPLAINT OR  AN  INDICT-
 MENT  CHARGES  ANY CRIME SET FORTH IN TITLE H OF PART THREE OF THE PENAL
 LAW, AND THE DEFENDANT IS AN UNDOCUMENTED CITIZEN, THE ARRAIGNMENT HEAR-
 ING SHALL OCCUR WITHIN TWENTY-FOUR HOURS. SUCH ARRAIGNMENT HEARING SHALL
 INCLUDE, IN ADDITION  TO  ANY  OTHER  REQUIREMENTS  SET  FORTH  IN  THIS
 SECTION,  A  DETERMINATION OF WHETHER THE DEFENDANT SHALL BE REMANDED TO
 THE CUSTODY OF FEDERAL IMMIGRATION AUTHORITIES OR REMAIN IN THE  CUSTODY
 OF THE STATE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09754-01-5

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