BILL NO A08450
SAME AS S01410
Add S837-s, Exec L
Prohibits law enforcement officers and peace officers from inquiring about the
immigration status of a victim of or witness to a criminal offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8450
TITLE OF BILL: An act to amend the executive law, in relation to
prohibiting law enforcement officers and peace officers from inquiring
about the immigration status of a victim or witness to a criminal
PURPOSE OR GENERAL IDEA OF BILL: This bill would provide crime victims
and witnesses the opportunity to come forward about crimes without fear
of being asked their immigration status.
SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill adds a new
section 837-S to the executive law which would prohibit police or peace
officers from inquiring into the immigration status of a victim of or
witness to a criminal offense, unless such inquiry is necessary to
investigate such offense.
JUSTIFICATION: On September 17, 2003, (then) New York City Mayor
Bloomberg issued a confidentiality policy for New York City-Executive
Order 41 (EO 41) that protects immigrants from arbitrary or unnecessary
collection and reporting of immigration status information when seeking
city services or interacting with police.Among its provisions, EO41
includes the following:
Limits on Law Enforcement Inquiry Into Immigration Status: EO41 prohib-
its police officers from asking about the immigration status of crime
victims, witnesses, and other persons seeking assistance from police-
with absolutely no exceptions. More broadly, police officers are prohib-
ited from asking about anyone's immigration status, unless the police
are investigating "illegal activity," which was specifically defined so
as not to include mere status as an undocumented immigrant.
This bill would codify the section of NYC EO41 dealing with law enforce-
ment prohibition on asking immigration status of crime victims or
witnesses and make it apply statewide.
PRIOR LEGISLATIVE HISTORY: 2009/10: A.11590A Referred to Codes
2011/12: A1655A Third Reading; Rules Cal. 76 2013-2014: A6700 Referred
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
2015-2016 Regular Sessions
October 9, 2015
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
AN ACT to amend the executive law, in relation to prohibiting law
enforcement officers and peace officers from inquiring about the immi-
gration status of a victim or witness to a criminal offense
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new section 837-s
2 to read as follows:
3 § 837-s. Prohibitions on law enforcement officers and peace officers.
4 1. A law enforcement officer or a peace officer may not inquire as to
5 the immigration status of a victim of or witness to a criminal offense
6 except as necessary to investigate the offense.
7 2. For the purposes of this section "law enforcement officer" means a
8 state or local police officer and "peace officer" means any person
9 designated as a peace officer pursuant to section 2.10 of the criminal
10 procedure law.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.