Legislation
SECTION 996
Definitions
General Municipal (GMU) CHAPTER 24, ARTICLE 19-D
§ 996. Definitions. For purposes of this article, the following terms
shall have the following meanings:
1. "Immigration authority" has the same meaning as such term is
defined in section three hundred nineteen of the executive law.
2. "Immigration enforcement" has the same meaning as such term is
defined in section three hundred nineteen of the executive law.
3. "Immigration detainer" means any document, form, or other
communication requesting or directing that a municipal government or
municipal government employee detain or maintain custody of an
individual, for any period of time, for pickup by or transfer to
immigration authorities.
4. "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.
5. "Municipal government" means a municipal corporation, or a
governing board as defined in section two of this chapter, except that
this definition shall not include a local correctional facility as that
term is defined in subdivision sixteen of section two of the correction
law.
6. "Municipal government employee" means any individual employed by a
municipal government; or any contractor or subcontractor while
performing services on behalf of a municipal government except that 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 local law enforcement agency.
7. "Local law enforcement agency" means any authorized police
department, probation department, district attorney's office, local
correctional department, or county sheriff's office.
8. "Civilian employee of a local law enforcement agency" means any
person, other than a police officer or peace officer, employed by a
local 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.
shall have the following meanings:
1. "Immigration authority" has the same meaning as such term is
defined in section three hundred nineteen of the executive law.
2. "Immigration enforcement" has the same meaning as such term is
defined in section three hundred nineteen of the executive law.
3. "Immigration detainer" means any document, form, or other
communication requesting or directing that a municipal government or
municipal government employee detain or maintain custody of an
individual, for any period of time, for pickup by or transfer to
immigration authorities.
4. "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.
5. "Municipal government" means a municipal corporation, or a
governing board as defined in section two of this chapter, except that
this definition shall not include a local correctional facility as that
term is defined in subdivision sixteen of section two of the correction
law.
6. "Municipal government employee" means any individual employed by a
municipal government; or any contractor or subcontractor while
performing services on behalf of a municipal government except that 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 local law enforcement agency.
7. "Local law enforcement agency" means any authorized police
department, probation department, district attorney's office, local
correctional department, or county sheriff's office.
8. "Civilian employee of a local law enforcement agency" means any
person, other than a police officer or peace officer, employed by a
local 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.