Legislation
SECTION 319
Definitions
Executive (EXC) CHAPTER 18, ARTICLE 15-AA
§ 319. Definitions. For the purposes of this article, the following
terms shall have the following meanings:
1. "State entity" means any agency under the executive authority of
the governor; any agency for which the governor appoints the
commissioner or highest ranking employee; any public benefit
corporation, public authority, board, or commission for which the
governor appoints the chief executive or a majority of the board
members, except for the port authority of New York and New Jersey; any
division, department, or office regulated under this chapter; the state
education department; any college, university, or postsecondary
educational institution within the state university of New York, city
university of New York, and its affiliate senior and community colleges;
all offices defined in article one of the public officers law; the
department of civil service or any of its civil divisions as defined in
article one of the civil service law; and any contractor or
subcontractor while performing services on behalf of the state.
2. "State employee" means any individual employed by any agency under
the executive authority of the governor; any agency for which the
governor appoints the commissioner or highest ranking employee; any
public benefit corporation, public authority, board, or commission for
which the governor appoints the chief executive or a majority of the
board members, except for the port authority of New York and New Jersey;
any division, department, or office regulated under this chapter; the
state education department; any college, university, or postsecondary
educational institution within the state university of New York, city
university of New York, and its affiliate senior and community colleges;
all offices defined in article one of the public officers law; the
department of civil service or any of its civil divisions as defined in
article one of the civil service law; or any contractor or subcontractor
while performing services on behalf of the state; provided, however,
this definition shall not include:
(a) any individual employed as a police officer as that term is
defined in subdivision thirty-four of section 1.20 of the criminal
procedure law;
(b) any individual employed as a peace officer as that term is defined
in section 2.10 of the criminal procedure law; or
(c) any civilian employee of a state law enforcement agency.
3. "Immigration authority" means an agency that primarily enforces
immigration law including, but not limited to, United States Immigration
and Customs Enforcement or United States Customs and Border Protection,
and any successor agencies having similar duties; or a federal agency
making a request or taking an enforcement action pursuant to the civil
enforcement provisions of the federal Immigration and Nationality Act.
4. "Immigration enforcement" means the enforcement of any civil
provision of the federal Immigration and Nationality Act for the purpose
of determining a person's lawful presence or status in the United
States, or for the purpose of apprehending, detaining, transferring, or
removing a person solely for civil immigration purposes because of such
person's immigration status.
5. "Immigration detainer" means any document, form, or other
communication requesting or directing that a state entity or state
employee detain or maintain custody of an individual, for any period of
time, for pickup by or transfer to immigration authorities.
6. "Civil immigration warrant" means any warrant for a violation of
civil immigration law that is not issued by a judge appointed pursuant
to Article III of the United States Constitution or a federal magistrate
judge appointed pursuant to 28 U.S.C. § 631.
7. "State law enforcement agency" means the New York state police, the
department of corrections and community supervision, and the department
of law.
8. "Civilian employee of a state law enforcement agency" means any
person, other than a police officer or peace officer, employed by a
state law enforcement agency, whose official duties require such person
to collect, analyze, share, or present evidence and/or intelligence, or
to supervise such activities or persons.
terms shall have the following meanings:
1. "State entity" means any agency under the executive authority of
the governor; any agency for which the governor appoints the
commissioner or highest ranking employee; any public benefit
corporation, public authority, board, or commission for which the
governor appoints the chief executive or a majority of the board
members, except for the port authority of New York and New Jersey; any
division, department, or office regulated under this chapter; the state
education department; any college, university, or postsecondary
educational institution within the state university of New York, city
university of New York, and its affiliate senior and community colleges;
all offices defined in article one of the public officers law; the
department of civil service or any of its civil divisions as defined in
article one of the civil service law; and any contractor or
subcontractor while performing services on behalf of the state.
2. "State employee" means any individual employed by any agency under
the executive authority of the governor; any agency for which the
governor appoints the commissioner or highest ranking employee; any
public benefit corporation, public authority, board, or commission for
which the governor appoints the chief executive or a majority of the
board members, except for the port authority of New York and New Jersey;
any division, department, or office regulated under this chapter; the
state education department; any college, university, or postsecondary
educational institution within the state university of New York, city
university of New York, and its affiliate senior and community colleges;
all offices defined in article one of the public officers law; the
department of civil service or any of its civil divisions as defined in
article one of the civil service law; or any contractor or subcontractor
while performing services on behalf of the state; provided, however,
this definition shall not include:
(a) any individual employed as a police officer as that term is
defined in subdivision thirty-four of section 1.20 of the criminal
procedure law;
(b) any individual employed as a peace officer as that term is defined
in section 2.10 of the criminal procedure law; or
(c) any civilian employee of a state law enforcement agency.
3. "Immigration authority" means an agency that primarily enforces
immigration law including, but not limited to, United States Immigration
and Customs Enforcement or United States Customs and Border Protection,
and any successor agencies having similar duties; or a federal agency
making a request or taking an enforcement action pursuant to the civil
enforcement provisions of the federal Immigration and Nationality Act.
4. "Immigration enforcement" means the enforcement of any civil
provision of the federal Immigration and Nationality Act for the purpose
of determining a person's lawful presence or status in the United
States, or for the purpose of apprehending, detaining, transferring, or
removing a person solely for civil immigration purposes because of such
person's immigration status.
5. "Immigration detainer" means any document, form, or other
communication requesting or directing that a state entity or state
employee detain or maintain custody of an individual, for any period of
time, for pickup by or transfer to immigration authorities.
6. "Civil immigration warrant" means any warrant for a violation of
civil immigration law that is not issued by a judge appointed pursuant
to Article III of the United States Constitution or a federal magistrate
judge appointed pursuant to 28 U.S.C. § 631.
7. "State law enforcement agency" means the New York state police, the
department of corrections and community supervision, and the department
of law.
8. "Civilian employee of a state law enforcement agency" means any
person, other than a police officer or peace officer, employed by a
state law enforcement agency, whose official duties require such person
to collect, analyze, share, or present evidence and/or intelligence, or
to supervise such activities or persons.