A02477 Summary:

BILL NOA02477
 
SAME ASNo same as
 
SPONSORClark (MS)
 
COSPNSRGabryszak
 
MLTSPNSRCalhoun, Colton, Crouch, Galef, Giglio, Kolb, Maisel, Mayersohn, McDonough, Thiele, Weisenberg
 
Add S838-a, Exec L
 
Provides for cooperation between police agencies and the United States bureau of immigration and customs enforcement regarding any person who is arrested under state law and who is reasonably suspected of being present in the United States in violation of federal immigration laws; prohibits any administrative or other action by localities to prevent or limit such cooperation.
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A02477 Actions:

BILL NOA02477
 
01/19/2011referred to governmental operations
01/04/2012referred to governmental operations
03/29/2012enacting clause stricken
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A02477 Floor Votes:

There are no votes for this bill in this legislative session.
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A02477 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2477
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2011
                                       ___________
 
        Introduced  by  M. of A. CLARK, GABRYSZAK -- Multi-Sponsored by -- M. of
          A. CALHOUN, COLTON, CROUCH, GALEF, GIGLIO,  KOLB,  MAISEL,  MAYERSOHN,
          McDONOUGH, THIELE, WEISENBERG -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT  to  amend the executive law, in relation to cooperation between

          police agencies and  the  United  States  bureau  of  immigration  and
          customs enforcement
 
          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  838-a
     2  to read as follows:
     3     §  838-a.  Cooperation  between police agencies and the United States
     4  bureau of immigration and customs enforcement.  1. Every  police  agency
     5  in  the  state  as defined in subdivision eight of section eight hundred
     6  thirty-five of this article,  shall  fully  cooperate  with  the  United
     7  States  bureau  of  immigration  and  customs  enforcement regarding any
     8  person who is arrested under state law and who is  reasonably  suspected

     9  of  being  present  in  the  United States in violation of federal immi-
    10  gration laws.
    11     2. With respect to any such person who is  so  arrested  and  who  is
    12  reasonably  suspected of being present in the United States in violation
    13  of federal immigration laws, every law enforcement agency shall  do  the
    14  following:
    15     (a) Attempt to verify the status of such person as one of the follow-
    16  ing:
    17     (i) a citizen of the United States;
    18     (ii) an alien lawfully admitted as a permanent resident;
    19     (iii) an alien lawfully admitted for a temporary period of time;
    20     (iv)  a  person  who  is otherwise authorized under federal law to be
    21  present in the United States; or
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06592-01-1

        A. 2477                             2
 
     1     (v) an alien who is present in the  United  States  in  violation  of
     2  federal immigration laws.
     3     The  verification  process  may include, but shall not be limited to,
     4  questioning the person regarding his place and date of birth  and  entry
     5  into  the  United  States and requesting to see documentation indicating
     6  his legal status.
     7     (b) Notify the person of his suspected status  as  an  alien  who  is
     8  present in the United States in violation of federal immigration laws.

     9     (c) Notify the attorney general and the United States bureau of immi-
    10  gration and customs enforcement of such person's suspected illegal immi-
    11  gration  status  and  provide  any  additional  information  that may be
    12  requested by any other public entity.
    13     3. Any legislative, administrative or other action by a city,  county
    14  or  other  local governmental entity, or by a law enforcement agency, to
    15  prevent or limit the cooperation required by subdivision one    of  this
    16  section shall be prohibited.
    17     4.  Whenever a state, city, county or other local governmental entity
    18  reports a person who is suspected of being present in the United  States
    19  in  violation  of federal immigration laws to the attorney general, that

    20  report shall be transmitted to the United States bureau  of  immigration
    21  and  customs enforcement.  The attorney general shall be responsible for
    22  maintaining complete and accurate records of  such  reports,  and  shall
    23  provide  any  additional  information that may be requested by any other
    24  government entity.
    25    § 2. This act shall take effect on the thirtieth day  after  it  shall
    26  have become a law.
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