Prohibits, unless authorized by state law, municipalities from authorizing or requiring local law enforcement to enforce any provision of federal immigration law, rule or regulation; requires establishment of a civilian review board in each municipality authorized to enforce federal immigration law to review actions and report on actions relating to such enforcement.
STATE OF NEW YORK
________________________________________________________________________
3529
2011-2012 Regular Sessions
IN ASSEMBLY
January 25, 2011
___________
Introduced by M. of A. P. RIVERA, RAMOS -- Multi-Sponsored by -- M. of
A. ARROYO, V. LOPEZ, ORTIZ, PERRY, J. RIVERA, N. RIVERA -- read once
and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to prohibiting
municipal corporations from empowering local police officers and peace
officers to enforce any provision of federal immigration law, rule or
regulation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 79 to read as follows:
3 § 79. Prohibition on enforcement of federal immigration law, rules and
4 regulations. 1. No municipal corporation shall authorize or require any
5 municipal police officer or peace officer to enforce any provision of
6 federal immigration law, rule or regulation, unless such municipal
7 corporation is expressly authorized to do so by state statute.
8 2. Every municipal corporation, expressly authorized by state statute
9 to authorize or require its police officers or peace officers to enforce
10 federal immigration law, rules or regulations, shall, prior to any such
11 authorization or requirement, establish a civilian review board to
12 review, evaluate and report all actions of the municipal police officers
13 and peace officers authorized or required to enforce federal immigration
14 law, rules and regulations. Every civilian review board shall comply
15 with the provisions of rules and regulations promulgated by the attorney
16 general for such boards.
17 3. Annually, on or before March first, each civilian review board
18 shall submit a report to the legislature and the attorney general on
19 every action taken by a police officer or peace officer of the munici-
20 pality during the previous calendar year relating to the enforcement of
21 federal immigration law, rules and regulations, and the circumstances of
22 each such action.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00361-01-1
