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SB5960 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5960
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    October 21, 2013
                                       ___________
 
        Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to create the Dignity for Immigrants in New York State  Act;  and
          to amend the executive law, in relation to prohibiting state and local
          law  enforcement agencies from detaining individuals based only on the

          violation of federal immigration laws
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act shall be known and may be cited as the "Dignity
     2  for Immigrants in New York State Act".
     3    § 2. The executive law is amended by adding a new section 844 to  read
     4  as follows:
     5    §  844.  Detainment  for  violation of federal immigration laws. A law
     6  enforcement agency of the state or a political subdivision of the  state
     7  shall  not  detain  persons  otherwise eligible for release from custody
     8  whose only violation of law is that they are persons of foreign citizen-
     9  ship who have entered or are residing in the United States in  violation

    10  of federal immigration laws in Title 8 of the United States code; unless
    11  such person has been convicted of a violent felony offense as defined in
    12  section  70.02  of the penal law or convicted within the past five years
    13  of any of the following misdemeanors: 1. assault in the third degree  as
    14  defined  in section 120.00 of the penal law; 2. reckless endangerment in
    15  the second degree as defined in section 120.20  of  the  penal  law;  3.
    16  sexual  misconduct  as  defined  in  section 130.20 of the penal law; 4.
    17  forcible touching as defined in section 130.52  of  the  penal  law;  5.
    18  sexual  abuse  in  the second degree as defined in section 130.60 of the
    19  penal law; 6. killing or injuring a police animal as defined in  section

    20  195.06  of  the  penal law; 7. harming an animal trained to aid a person
    21  with a disability in the first degree as defined in  section  195.12  of
    22  the  penal law; 8. unlawful imprisonment in the second degree as defined
    23  in section 135.05 of the penal law; 9.  endangering  the  welfare  of  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11921-05-3
        S. 5960                             2
 
     1  child as defined in section 260.10 of the penal law; 10. endangering the
     2  welfare  of  an  incompetent or physically disabled person in the second
     3  degree as defined in section 260.24 of the penal law.

     4    § 3. This act shall take effect immediately.

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