A08450 Summary:

BILL NO    A08450 

SAME AS    
SAME AS S01410

SPONSOR    Ortiz

COSPNSR    

MLTSPNSR   

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.
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A08450 Actions:

BILL NO    A08450 

10/09/2015 referred to codes
01/06/2016 referred to codes
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A08450 Votes:

There are no votes for this bill in this legislative session.
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A08450 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8450
 
SPONSOR: Ortiz
  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 offense   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 to Codes   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A08450 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8450
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     October 9, 2015
                                       ___________
 
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Codes
 
        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.
                                                                   LBD03656-01-5
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