Amd §160.20, add §370.30, CP L; amd §70.15, rpld §70.15 sub 1-a, Pen L; rpld §28, Civ Rts L; rpld §4-a, §212
sub 2 ¶(aa), Judy L
Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency (ICE) when an arrested person or defendant is not a United States citizen; adjusts certain maximum sentences for class A misdemeanors and unclassified misdemeanors; repeals provisions of the "protect our courts act".
STATE OF NEW YORK
________________________________________________________________________
9167
IN ASSEMBLY
February 12, 2024
___________
Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring law
enforcement and courts to notify the United States Immigration and
Customs Enforcement agency when an arrested person or defendant is not
a United States citizen; to amend the penal law, in relation to
adjusting certain maximum sentences; and to repeal certain provisions
of the penal law, the civil rights law and the judiciary law, in
relation to repealing provisions of the "protect our courts act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 160.20 of the criminal procedure law, as amended by
2 chapter 108 of the laws of 1973, is amended to read as follows:
3 § 160.20 Fingerprinting; forwarding of fingerprints.
4 (a) Upon the taking of fingerprints of an arrested person or defendant
5 as prescribed in section 160.10 of this article, the appropriate police
6 officer or agency must without unnecessary delay forward two copies of
7 such fingerprints to the division of criminal justice services.
8 (b) In the event the arrested person or defendant as prescribed in
9 section 160.10 of this article is not a citizen of the United States,
10 the police officer or local law enforcement agency where the intake was
11 performed shall forward copies of such fingerprints and associated
12 reports detailing the arrest to the United States Immigration and
13 Customs Enforcement agency. The requirement to notify the United States
14 Immigration and Customs Enforcement agency shall apply to all police and
15 law enforcement agencies within the state of New York.
16 § 2. The criminal procedure law is amended by adding a new section
17 370.30 to read as follows:
18 § 370.30 Procedure for court notification.
19 Upon a conviction for a felony or misdemeanor the court in which the
20 defendant was convicted shall immediately notify the United States Immi-
21 gration and Customs Enforcement agency when the defendant is not a citi-
22 zen of the United States. Such requirement shall apply to all criminal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14426-01-4
A. 9167 2
1 courts, city courts, town courts and village courts within the state of
2 New York as those terms are defined in section 10.10 of this chapter.
3 § 3. Subdivisions 1 and 3 of section 70.15 of the penal law, as
4 amended by section 1 of part OO of chapter 55 of the laws of 2019, are
5 amended to read as follows:
6 1. Class A misdemeanor. A sentence of imprisonment for a class A
7 misdemeanor shall be a definite sentence. When such a sentence is
8 imposed the term shall be fixed by the court, and shall not exceed
9 [three hundred sixty-four days] one year.
10 3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
11 sified misdemeanor shall be a definite sentence. When such a sentence is
12 imposed the term shall be fixed by the court, and shall be in accordance
13 with the sentence specified in the law or ordinance that defines the
14 crime [but, in any event, it shall not exceed three hundred sixty-four
15 days].
16 § 4. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
17 § 5. Section 28 of the civil rights law, as added by chapter 322 of
18 the laws of 2020, is REPEALED.
19 § 6. Section 4-a of the judiciary law is REPEALED.
20 § 7. Paragraph (aa) of subdivision 2 of section 212 of the judiciary
21 law, as added by chapter 322 of the laws of 2020, is REPEALED.
22 § 8. This act shall take effect immediately.
