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A00072 Summary:

BILL NOA00072
 
SAME ASSAME AS S03189
 
SPONSORRozic
 
COSPNSRAbinanti, Barrett, Cahill, Cook, Fahy, Jaffee, Lavine, Mayer, Miller, Mosley, O'Donnell, Perry, Robinson, Rosenthal, Sepulveda, Titone, Linares
 
MLTSPNSRBrennan, 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 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A72
 
SPONSOR: Rozic (MS)
  TITLE OF BILL: 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   PURPOSE: To ensure that all women in New York State feel safe to report domestic violence incidents.   SUMMARY OF PROVISIONS: Section I of the bill gives the abort title, the "York State Violence Against Women Act". Section II of the bill amends section 140.10 of the criminal procedure law, to provide that state and local officers making arrests in domestic violence cases shall not inquire as to the immigration status of the victim. It further provides that if the officer inadvertently learns of it, he should not report the status to any local, state, or federal law enforcement agency. Section III of the bill amends section 530.11 of the criminal procedure law to provide that petitioners requesting orders of protection shall have confidentiality in their immigration status. Section IV of the bill adds a new section 2.25 to the criminal procedure law, prohibiting a law enforcement officer to inquire as to the immi- gration status of a domestic violence victim during an investigation. Sections V and VI of the bill add new language to section 459-h of the social services lax and section 012 of the family court act, respective- ly, providing for confidentiality of immigration status during investi- gations and proceedings by those entities. Section VII adds a new section 70.11 to the penal law, providing that in domestic violence cases, the court may take as an aggravating factor that an abuser threatened to expose a victim's domestic violence status. Section VIII of the bill adds a new section 844 to the executive law, prohibiting law enforcement officers from referring any information regarding immigration status to federal law enforcement in the context of a domestic violence investigation. Section IX sets forth the effective date.   JUSTIFICATION: According to the National Coalition Against Domestic Violence, one in four women is a victim of domestic violence at some point during adulthood. The incidence is even more frequent for women in immigrant communities, particularly those who are undocumented. These undocumented women live in fear that if they report their abuse, they will be deported. This bill would ensure that no woman in New York State need fear ending her abuse. With about 25 percent of women within New York being affected by domestic violence, it is important to ensure their safety, regardless of immigration status.   LEGISLATIVE HISTORY: 2014: A05364 (Rozic) - Codes 2013: A05364 (Rozic) - Codes 2012: A10286 (Meng) - Codes   FISCAL IMPACT ON THE STATE: None.   EFFECTIVE DATE: This act shall take effect immediately, provided that the amendments to subdivision 4 of section 140.10 of the criminal proce- dure law made by section two of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.
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A00072 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           72
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    §  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    § 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    § 4.  The criminal procedure law is amended by adding  a  new  section
    29  2.25 to read as follows:
    30  § 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    § 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    §  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    § 7. The penal law is amended by adding a new section 70.11 to read as
    51  follows:
    52  § 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    §  8. The executive law is amended by adding a new section 844 to read
    16  as follows:
    17    § 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    § 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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