A00072 Summary:

BILL NO    A00072 

SAME AS    SAME AS S03189

SPONSOR    Rozic (MS)

COSPNSR    Abinanti, Barrett, Borelli, Cahill, Cook, Fahy, Jaffee, Lavine,
           Mayer, Miller, Mosley, O'Donnell, Perry, Roberts, Robinson,
           Rosenthal, Scarborough, Sepulveda, Titone

MLTSPNSR   Brennan, Clark, Glick, Gottfried, Thiele

Amd SS140.10 & 530.11, add S2.25, CP L; amd S459-h, Soc Serv L; amd S812, Fam
Ct Act; add S70.11, Pen L; add S844, Exec L

Prohibits disclosure of immigration status for victims of domestic violence;
adds enhanced penalties for coercive threats to expose immigration status of
victims and witnesses of domestic violence.
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A00072 Actions:

BILL NO    A00072 

01/07/2015 referred to codes
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A00072 Memo:

Memo not available
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A00072 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          72

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2015
                                      ___________

       Introduced  by M. of A. ROZIC, ABINANTI, BARRETT, BORELLI, CAHILL, COOK,
         FAHY,  JAFFEE,  LAVINE,  MAYER,  MILLER,  MOSLEY,  O'DONNELL,   PERRY,
         ROBERTS,   ROBINSON,  ROSENTHAL,  SCARBOROUGH,  SEPULVEDA,  TITONE  --
         Multi-Sponsored by -- M.  of  A.  BRENNAN,  CLARK,  GLICK,  GOTTFRIED,
         HEASTIE, THIELE -- read once and referred to the Committee on Codes

       AN ACT to amend the criminal procedure law, the social services law, the
         family  court act, the penal law and the executive law, in relation to
         maintaining the confidentiality of immigration status for  victims  of
         domestic violence

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  "The New York State Violence Against Women Act".
    3    S  2. Subparagraph (ii) of paragraph (b) and paragraph (c) of subdivi-
    4  sion 4 of section 140.10 of the  criminal  procedure  law,  subparagraph
    5  (ii)  of paragraph (b) as amended by chapter 107 of the laws of 2004 and
    6  paragraph (c) as amended by chapter 4 of the laws of 1997,  are  amended
    7  to read as follows:
    8    (ii)  The  respondent or defendant commits a family offense as defined
    9  in subdivision one of section eight hundred twelve of the  family  court
   10  act or subdivision one of section 530.11 of this chapter in violation of
   11  such  order  of  protection  or special order of conditions.  AN OFFICER
   12  MAKING AN ARREST UNDER THIS SUBPARAGRAPH SHALL NOT  INQUIRE  AS  TO  THE
   13  IMMIGRATION  STATUS  OF  THE  PERSON  WHOM THE ORDER PROTECTS.   IF SUCH
   14  STATUS IS ASCERTAINED AND WOULD RESULT  IN  ADVERSE  IMMIGRATION  CONSE-
   15  QUENCES TO SUCH PERSON, THE OFFICER SHALL NOT REPORT SUCH INFORMATION TO
   16  ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   17    (c)  a  misdemeanor  constituting  a  family  offense, as described in
   18  subdivision one of section 530.11 of  this  chapter  and  section  eight
   19  hundred  twelve  of  the  family  court  act, has been committed by such

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00639-01-5
       A. 72                               2

    1  person against such  family  or  household  member,  unless  the  victim
    2  requests  otherwise. The officer shall neither inquire as to whether the
    3  victim seeks an arrest of such person nor threaten  the  arrest  of  any
    4  person for the purpose of discouraging requests for police intervention.
    5  THE  OFFICER  SHALL ALSO NOT INQUIRE AS TO THE IMMIGRATION STATUS OF THE
    6  VICTIM; NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH STATUS, REPORT  SUCH
    7  INFORMATION  TO  ANY  LOCAL,  STATE  OR  FEDERAL LAW ENFORCEMENT AGENCY.
    8  Notwithstanding the foregoing, when an officer has reasonable  cause  to
    9  believe that more than one family or household member has committed such
   10  a  misdemeanor,  the officer is not required to arrest each such person.
   11  In such circumstances, the officer shall attempt to identify and  arrest
   12  the  primary  physical  aggressor after considering: (i) the comparative
   13  extent of any injuries inflicted by and between the parties; (ii) wheth-
   14  er any such person is threatening or has threatened future harm  against
   15  another  party  or another family or household member; (iii) whether any
   16  such person has a prior history of domestic violence  that  the  officer
   17  can  reasonably ascertain; and (iv) whether any such person acted defen-
   18  sively to protect himself or herself  from  injury.  The  officer  shall
   19  evaluate each complaint separately to determine who is the primary phys-
   20  ical  aggressor  and  shall  not  base  the decision to arrest or not to
   21  arrest on the willingness of a person to testify  or  otherwise  partic-
   22  ipate in a judicial proceeding.
   23    S 3.  Subdivision 2 of section 530.11 of the criminal procedure law is
   24  amended by adding a new paragraph (j) to read as follows:
   25    (J) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
   26  SHALL  BE  KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED TO ANY
   27  LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   28    S 4.  The criminal procedure law is amended by adding  a  new  section
   29  2.25 to read as follows:
   30  S 2.25 PROHIBITIONS ON LAW ENFORCEMENT AGENCIES AND PEACE OFFICERS.
   31    A  LAW  ENFORCEMENT  AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF
   32  THE STATE OR A PEACE OFFICER MAY NOT INQUIRE AS TO  THE  NATIONALITY  OR
   33  IMMIGRATION  STATUS  OF  A VICTIM OF OR WITNESS TO DOMESTIC VIOLENCE, AS
   34  SUCH TERMS ARE DEFINED BY  SECTION  FOUR  HUNDRED  FIFTY-NINE-A  OF  THE
   35  SOCIAL SERVICES LAW, EXCEPT AS NECESSARY TO INVESTIGATE THE OFFENSE, NOR
   36  SHALL  SUCH  OFFICER  REPORT OR REFER SUCH STATUS TO ANY LOCAL, STATE OR
   37  FEDERAL LAW ENFORCEMENT AGENCY.
   38    S 5.  Section 459-h of the social services law is amended by adding  a
   39  new subdivision 3 to read as follows:
   40    3.    ALL INFORMATION RELATED TO A VICTIM OF DOMESTIC VIOLENCE'S IMMI-
   41  GRATION STATUS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED FOR
   42  ANY PURPOSE, INCLUDING SUCH INVESTIGATIONS THAT MAY BE CONDUCTED BY  ANY
   43  LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY RELATING TO SAID INDIVID-
   44  UAL'S IMMIGRATION STATUS.
   45    S  6.  Subdivision 2 of section 812 of the family court act is amended
   46  by adding a new paragraph (h) to read as follows:
   47    (H) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
   48  SHALL BE KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED  TO  ANY
   49  LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   50    S 7. The penal law is amended by adding a new section 70.11 to read as
   51  follows:
   52  S 70.11 SENTENCES  OF  IMPRISONMENT  FOR  DOMESTIC VIOLENCE; AGGRAVATING
   53            FACTORS.
   54    IN MATTERS DIVESTED TO A CRIMINAL COURT UNDER  SECTION  EIGHT  HUNDRED
   55  TWELVE OF THE FAMILY COURT ACT, OR WHERE SUCH COURT EXERCISES CONCURRENT
   56  JURISDICTION  UNDER  SUCH  SECTION AND IN MATTERS REFERRED TO A CRIMINAL
       A. 72                               3

    1  COURT UNDER ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, WHERE THE RESPOND-
    2  ENT THREATENS TO EXPOSE A WITNESS OR A VICTIM'S  IMMIGRATION  STATUS  IN
    3  ORDER  TO  COERCE  SUCH VICTIM OR WITNESS OR CONCEAL SUCH OFFENSE, SHALL
    4  RESULT IN THE FOLLOWING ENHANCEMENT OF SUCH SENTENCE:
    5    (A)  FOR  OFFENSES COMMITTED UNDER SECTION 120.00 OF THIS CHAPTER, THE
    6  SENTENCE SHALL REFLECT A CLASS E FELONY;
    7    (B) FOR OFFENSES COMMITTED UNDER SECTION 120.05 OF THIS  CHAPTER,  THE
    8  SENTENCE SHALL REFLECT A CLASS C FELONY;
    9    (C)  FOR  OFFENSES COMMITTED UNDER SECTION 120.10 OF THIS CHAPTER, THE
   10  SENTENCE SHALL REFLECT A CLASS A FELONY;
   11    (D) FOR OFFENSES COMMITTED UNDER SECTION 120.13 OF THIS  CHAPTER,  THE
   12  SENTENCE SHALL REFLECT A CLASS D FELONY;
   13    (E)  FOR  OFFENSES COMMITTED UNDER SECTION 120.14 OF THIS CHAPTER, THE
   14  SENTENCE SHALL REFLECT A CLASS E FELONY;
   15    (F) FOR OFFENSES COMMITTED UNDER SECTION 120.15 OF THIS  CHAPTER,  THE
   16  SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
   17    (G)  FOR  OFFENSES COMMITTED UNDER SECTION 120.20 OF THIS CHAPTER, THE
   18  SENTENCE SHALL REFLECT A CLASS E FELONY;
   19    (H) FOR OFFENSES COMMITTED UNDER SECTION 120.25 OF THIS  CHAPTER,  THE
   20  SENTENCE SHALL REFLECT A CLASS C FELONY;
   21    (I)  FOR  OFFENSES COMMITTED UNDER SECTION 120.45 OF THIS CHAPTER, THE
   22  SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
   23    (J) FOR OFFENSES COMMITTED UNDER SECTION 120.50 OF THIS  CHAPTER,  THE
   24  SENTENCE SHALL REFLECT A CLASS E FELONY;
   25    (K)  FOR  OFFENSES COMMITTED UNDER SECTION 120.55 OF THIS CHAPTER, THE
   26  SENTENCE SHALL REFLECT A CLASS D FELONY;
   27    (L) FOR OFFENSES COMMITTED UNDER SECTION 120.60 OF THIS  CHAPTER,  THE
   28  SENTENCE SHALL REFLECT A CLASS C FELONY;
   29    (M)  FOR  OFFENSES COMMITTED UNDER SECTION 121.11 OF THIS CHAPTER, THE
   30  SENTENCE SHALL REFLECT A CLASS E FELONY;
   31    (N) FOR OFFENSES COMMITTED UNDER SECTION 121.12 OF THIS  CHAPTER,  THE
   32  SENTENCE SHALL REFLECT A CLASS C FELONY;
   33    (O)  FOR  OFFENSES COMMITTED UNDER SECTION 121.13 OF THIS CHAPTER, THE
   34  SENTENCE SHALL REFLECT A CLASS B FELONY;
   35    (P) FOR OFFENSES COMMITTED UNDER SECTION 130.25 OF THIS  CHAPTER,  THE
   36  SENTENCE SHALL REFLECT A CLASS D FELONY;
   37    (Q)  FOR  OFFENSES COMMITTED UNDER SECTION 130.30 OF THIS CHAPTER, THE
   38  SENTENCE SHALL REFLECT A CLASS C FELONY;
   39    (R) FOR OFFENSES COMMITTED UNDER SECTION 130.35 OF THIS  CHAPTER,  THE
   40  SENTENCE SHALL REFLECT A CLASS A FELONY;
   41    (S)  FOR  OFFENSES COMMITTED UNDER SECTION 130.40 OF THIS CHAPTER, THE
   42  SENTENCE SHALL REFLECT A CLASS D FELONY;
   43    (T) FOR OFFENSES COMMITTED UNDER SECTION 130.45 OF THIS  CHAPTER,  THE
   44  SENTENCE SHALL REFLECT A CLASS C FELONY;
   45    (U)  FOR  OFFENSES COMMITTED UNDER SECTION 130.50 OF THIS CHAPTER, THE
   46  SENTENCE SHALL REFLECT A CLASS A FELONY;
   47    (V) FOR OFFENSES COMMITTED UNDER SECTION 130.55 OF THIS  CHAPTER,  THE
   48  SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
   49    (W)  FOR  OFFENSES COMMITTED UNDER SECTION 130.60 OF THIS CHAPTER, THE
   50  SENTENCE SHALL REFLECT A CLASS E FELONY;
   51    (X) FOR OFFENSES COMMITTED UNDER SECTION 130.65 OF THIS  CHAPTER,  THE
   52  SENTENCE SHALL REFLECT A CLASS C FELONY;
   53    (Y) FOR OFFENSES COMMITTED UNDER SECTION 130.65-A OF THIS CHAPTER, THE
   54  SENTENCE SHALL REFLECT A CLASS D FELONY;
   55    (Z)  FOR  OFFENSES COMMITTED UNDER SECTION 130.66 OF THIS CHAPTER, THE
   56  SENTENCE SHALL REFLECT A CLASS C FELONY;
       A. 72                               4

    1    (AA) FOR OFFENSES COMMITTED UNDER SECTION 130.67 OF THIS CHAPTER,  THE
    2  SENTENCE SHALL REFLECT A CLASS B FELONY;
    3    (BB)  FOR OFFENSES COMMITTED UNDER SECTION 130.70 OF THIS CHAPTER, THE
    4  SENTENCE SHALL REFLECT A CLASS A FELONY;
    5    (CC) FOR OFFENSES COMMITTED UNDER SECTION 135.05 OF THIS CHAPTER,  THE
    6  SENTENCE SHALL REFLECT A CLASS E FELONY;
    7    (DD)  FOR OFFENSES COMMITTED UNDER SECTION 135.10 OF THIS CHAPTER, THE
    8  SENTENCE SHALL REFLECT A CLASS D FELONY;
    9    (EE) FOR OFFENSES COMMITTED UNDER SECTION 135.20 OF THIS CHAPTER,  THE
   10  SENTENCE SHALL REFLECT A CLASS A FELONY;
   11    (FF)  FOR OFFENSES COMMITTED UNDER SECTION 135.45 OF THIS CHAPTER, THE
   12  SENTENCE SHALL REFLECT A CLASS E FELONY;
   13    (GG) FOR OFFENSES COMMITTED UNDER SECTION 135.50 OF THIS CHAPTER,  THE
   14  SENTENCE SHALL REFLECT A CLASS D FELONY.
   15    S  8. The executive law is amended by adding a new section 844 to read
   16  as follows:
   17    S 844. INQUIRY INTO IMMIGRATION STATUS PROHIBITED IN  CERTAIN  CIRCUM-
   18  STANCES.  IN  CONDUCTING  AN INVESTIGATORY ACTIVITY, INCLUDING AN INTER-
   19  VIEW, INTO ANY INCIDENT OF DOMESTIC VIOLENCE, AS SUCH TERM IS DEFINED IN
   20  ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, A LAW ENFORCEMENT AGENCY OR  A
   21  LAW  ENFORCEMENT  OFFICIAL  SHALL  NOT  INQUIRE ABOUT OR SEEK PROOF OF A
   22  PERSON'S IMMIGRATION STATUS, NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH
   23  STATUS, REFER OR REPORT ANY FINDINGS REGARDING SUCH STATUS TO ANY LOCAL,
   24  STATE OR FEDERAL LAW ENFORCEMENT AGENCY.  ANY  INFORMATION  OBTAINED  IN
   25  SUCH  INVESTIGATORY  ACTIVITY  REGARDING  A  PERSON'S IMMIGRATION STATUS
   26  SHALL BE KEPT CONFIDENTIAL.
   27    S 9. This act shall take effect immediately, provided that the  amend-
   28  ments  to  subdivision 4 of section 140.10 of the criminal procedure law
   29  made by section two of this act shall not  affect  the  repeal  of  such
   30  subdivision and shall be deemed repealed therewith.
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