Amd §1.20, add Art 145 §§145.05 - 145.60, CP L; add §§256-b & 63-e, Art 15-AA §§319 & 319-a, Exec L; add Art
19-C §995, Gen Muni L; amd §§500-c & 621, rpld §§147 & 500-f, Cor L
Prohibits and regulates the discovery and disclosure of immigration status; prohibits police officers, peace officers, school resource officers, probation agencies, state entities, state employees, and municipal corporations from questioning individuals regarding their citizenship or immigration status; regulates the disclosure of information relating to immigration status.
STATE OF NEW YORK
________________________________________________________________________
3076--B
2021-2022 Regular Sessions
IN SENATE
January 27, 2021
___________
Introduced by Sens. SALAZAR, BAILEY, BIAGGI, BRESLIN, BRISPORT, BROUK,
CLEARE, COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACK-
SON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, RAMOS, RIVERA,
SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on Codes
in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the criminal procedure law, the executive law, the
general municipal law and the correction law, in relation to prohibit-
ing and regulating the discovery and disclosure of immigration status;
and to repeal certain provisions of the correction law relating there-
to
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1.20 of the criminal procedure law is amended by
2 adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
3 46. "Immigration authorities" means any officer, employee, or govern-
4 ment employee who is responsible for enforcement of the federal Immi-
5 gration and Nationality Act, including any officer or agent of United
6 States Immigration and Customs Enforcement or United States Customs and
7 Border Protection.
8 47. "Immigration enforcement" means the enforcement of any civil
9 provision of the federal Immigration and Nationality Act or any
10 provision of law that penalizes a person's presence in, entry into, or
11 reentry into the United States.
12 48. "Immigration law" means any civil provision of the federal Immi-
13 gration and Nationality Act and any provision of law that penalizes a
14 person's presence in, entry into, or reentry into the United States.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03012-07-2
S. 3076--B 2
1 49. "Immigration detainer" means any document, form, or other communi-
2 cation requesting or directing that a police officer, peace officer, or
3 government entity detain or maintain custody of an individual, for any
4 period of time, for pickup by or transfer to immigration authorities.
5 50. "Civil immigration warrant" means any warrant for a violation of
6 civil immigration law that is not issued by a judge appointed pursuant
7 to Article III of the United States constitution or a federal magistrate
8 judge appointed pursuant to 28 USC § 631, and includes any warrant
9 entered into the national crime information center database.
10 § 2. The criminal procedure law is amended by adding a new article 145
11 to read as follows:
12 ARTICLE 145
13 PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
14 OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
15 Section 145.05 Duties of police officers, peace officers, and school
16 resource officers; immigration.
17 145.10 Direction by immigration authorities.
18 145.15 Immigration detainer; questioning, investigation or
19 interrogation prohibited.
20 145.20 Inquiry into and collection of information about citi-
21 zenship or immigration status prohibited.
22 145.25 Notification of immigration authorities prohibited.
23 145.30 Transfer of custody to immigration authorities.
24 145.35 Entry of immigration status into a database.
25 145.40 Immigration authorities as interpreters prohibited.
26 145.45 Written consent for interview.
27 145.50 Receipt of information regarding citizenship.
28 145.55 Compliance with court orders and judicial warrants.
29 145.60 Application of laws.
30 § 145.05 Duties of police officers, peace officers, and school resource
31 officers; immigration.
32 The duties and authority of police officers, peace officers, and
33 school resource officers shall not include authority to engage in immi-
34 gration enforcement. Police officers, peace officers, and school
35 resource officers shall not use public resources for immigration
36 enforcement.
37 § 145.10 Direction by immigration authorities.
38 No police officer, peace officer, or school resource officer shall be
39 subject to the direction or supervision of immigration authorities. No
40 police officer, peace officer, or school resource officer shall partic-
41 ipate in or be subject to any agreement for the purpose of immigration
42 enforcement.
43 § 145.15 Immigration detainer; questioning, investigation or interro-
44 gation prohibited.
45 No police officer, peace officer, or school resource officer shall
46 question, investigate, or interrogate an individual solely on the basis
47 of an immigration detainer, a civil immigration warrant, or an actual or
48 suspected violation of immigration law.
49 § 145.20 Inquiry into and collection of information about citizenship or
50 immigration status prohibited.
51 1. No police officer, peace officer, or school resource officer shall
52 inquire about a person's citizenship, immigration status, nationality,
53 or country of origin, unless required by law or necessary to administer
54 a public program or benefit sought by that person.
55 2. No police officer, peace officer, or school resource officer shall
56 collect information regarding citizenship, immigration status, national-
S. 3076--B 3
1 ity, or country of origin, unless required by law or necessary to admin-
2 ister a public program or benefit sought by that person.
3 § 145.25 Notification of immigration authorities prohibited.
4 No police officer, peace officer, or school resource officer shall
5 notify or otherwise communicate with immigration authorities regarding:
6 (i) the date, time, or location that an individual will be released from
7 custody; (ii) the time, date, or location of an individual's court
8 appearance; or (iii) any other information available to police officers,
9 peace officers, or school resource officers through or as a result of
10 such employment as a police officer, peace officer, or school resource
11 officer.
12 § 145.30 Transfer of custody to immigration authorities.
13 No police officer, peace officer, or school resource officer shall
14 transfer or facilitate the transfer of individuals in his or her custody
15 to the custody of immigration authorities absent a valid court order or
16 judicial warrant issued by an independent judge appointed pursuant to
17 Article III of the United States constitution or federal magistrate
18 judge appointed pursuant to 28 USC § 631 commanding the arrest of such
19 individual.
20 § 145.35 Entry of immigration status into a database.
21 No police officer, peace officer, or school resource officer shall
22 enter a person's immigration status into any database maintained by any
23 government entity unless required or necessary to administer a public
24 program or benefit sought by such person.
25 § 145.40 Immigration authorities as interpreters prohibited.
26 No police officer, peace officer, or school resource officer shall use
27 immigration authorities as interpreters for law enforcement matters
28 relating to individuals being interviewed, interrogated, investigated,
29 or taken into custody.
30 § 145.45 Written consent for interview.
31 1. In any instance in which immigration authorities are permitted
32 access to an individual in the custody of a police officer, peace offi-
33 cer, or school resource officer for the purpose of being interviewed,
34 the officer shall provide the individual with a written consent form
35 that explains the purpose of the interview, that the interview is volun-
36 tary, and that he or she may decline to be interviewed or may choose to
37 be interviewed with his or her attorney present. The written consent
38 form shall be provided in English, Spanish, and the five most widely
39 spoken languages in the county where the officer's agency or department
40 is located.
41 2. After providing an individual in custody with a written consent
42 form pursuant to subdivision one of this section, an officer shall keep
43 a written record of whether the individual declined an interview,
44 consented to an interview, or asked for an attorney to be present at the
45 interview, and whether an interview occurred. The office or agency
46 employing such officer shall maintain all such written records and shall
47 compile an annual summary identifying the number of requests for inter-
48 views received and whether each individual declined the interview,
49 consented to the interview, or asked for an attorney to be present at
50 the interview, and how many interviews occurred. Such summary shall not
51 include the personally identifiable information of any individual in
52 custody, and shall be a public record.
53 § 145.50 Receipt of information regarding citizenship.
54 The provisions of this article shall not prohibit police officers,
55 peace officers, or school resource officers from sending or receiving
S. 3076--B 4
1 information regarding an individual's citizenship or immigration status
2 to or from any local, state, or federal agency.
3 § 145.55 Compliance with court orders and judicial warrants.
4 The provisions of this article shall not prohibit officers from
5 complying with valid court orders or judicial warrants issued by an
6 independent judge appointed pursuant to Article III of the United States
7 constitution or federal magistrate judge appointed pursuant to 28 USC §
8 631.
9 § 145.60 Application of laws.
10 The provisions of this article shall apply notwithstanding any other
11 provisions of state or local law and shall not be construed to in any
12 way expand the authority of state and local law enforcement officers to
13 participate in immigration enforcement.
14 § 3. The executive law is amended by adding a new section 256-b to
15 read as follows:
16 § 256-b. Duties of local probation departments regarding immigration
17 enforcement. 1. For the purposes of this section, the terms "immi-
18 gration authorities", "immigration enforcement", "immigration law",
19 "immigration detainer" and "civil immigration warrant" shall have the
20 same meaning as defined in section 1.20 of the criminal procedure law.
21 2. No probation agency or department, nor any employee thereof, shall
22 inquire about a person's citizenship, immigration status, nationality,
23 or country of origin, unless required by law or necessary to administer
24 a public program or benefit sought by such person.
25 3. No probation agency or department, nor any employee thereof, shall
26 communicate with immigration authorities regarding a person presently or
27 formerly under the supervision of such agency or department or disclose
28 to immigration authorities information gained in the course of employ-
29 ment or available as a result of employment with such agency or depart-
30 ment.
31 4. No probation agency or department, nor any employee thereof, shall
32 collect information about a person's citizenship, immigration status,
33 nationality, or country of origin, unless required by law or necessary
34 to administer a public program or benefit sought by such person.
35 5. No probation agency or department, nor any employee thereof, shall
36 question, investigate, or interrogate an individual solely on the basis
37 of an immigration detainer, a civil immigration warrant, or an actual or
38 suspected violation of immigration law.
39 6. No probation agency or department, nor any employee thereof, shall
40 permit non-local law enforcement agencies to access non-public areas of
41 property or facilities under the control of such agency or department
42 unless presented with a judicial warrant signed by a judge or independ-
43 ent magistrate authorizing a search or seeking the arrest of an individ-
44 ual present at the time the judicial warrant is presented.
45 7. In any instance in which immigration authorities are permitted
46 access to an individual under the supervision of a probation agency or
47 department for the purpose of being interviewed, the probation agency or
48 department shall provide the individual with a written consent form that
49 explains the purpose of the interview, that the interview is voluntary,
50 and that he or she may decline to be interviewed or may choose to be
51 interviewed with his or her attorney present. The written consent form
52 shall be provided in English, Spanish, and the five most widely spoken
53 languages in the county where the officer's agency or department is
54 located.
55 8. No probation agency or department, nor any employee thereof, shall
56 enter a person's immigration status into any database maintained by any
S. 3076--B 5
1 government entity unless required or necessary to administer a public
2 program or benefit sought by such person.
3 9. No probation agency or department, nor any employee thereof, shall
4 investigate a person's immigration status or immigration history.
5 10. No probation agency or department, nor any employee thereof, shall
6 include a person's immigration status or immigration history in court-
7 ordered reports.
8 11. No probation agency or department, nor any employee thereof, shall
9 use immigration authorities as interpreters for law enforcement matters
10 relating to individuals under the supervision of such agency or depart-
11 ment.
12 12. The provisions of this section shall not prohibit employees of
13 probation agencies or departments from sending or receiving information
14 regarding an individual's citizenship or immigration status to or from
15 any local, state, or federal agency.
16 13. The provisions of this section shall not prohibit probation
17 departments or their employees from complying with valid court orders or
18 judicial warrants issued by an independent judge appointed pursuant to
19 Article III of the United States constitution or federal magistrate
20 judge appointed pursuant to 28 USC § 631.
21 14. The provisions of this section shall apply notwithstanding any
22 other provisions of state or local law and shall not be construed to in
23 any way expand the authority of state and local law enforcement officers
24 to participate in immigration enforcement.
25 § 4. The executive law is amended by adding a new article 15-AA to
26 read as follows:
27 ARTICLE 15-AA
28 RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
29 Section 319. Definitions.
30 319-a. Restrictions on immigration enforcement by state employ-
31 ees.
32 § 319. Definitions. As used in this article, the following terms shall
33 have the following meanings:
34 1. "State entity" means: any agency under the executive authority of
35 the governor; any agency for which the governor appoints the commission-
36 er or highest ranking employee; any public benefit corporation, public
37 authority, board, or commission for which the governor appoints the
38 chief executive or a majority of the board members; any division,
39 department, or office regulated under this chapter; the department of
40 education and any public school district or charter school, division,
41 office, or institution under the supervision of the department of educa-
42 tion; all offices defined in article one of the public officers law; the
43 department of civil service or any of its civil divisions as defined in
44 article one of the civil service law; and any contractor while perform-
45 ing services on behalf of the state.
46 2. "State employee" means any individual employed by: any agency under
47 the executive authority of the governor; any agency for which the gover-
48 nor appoints the commissioner or highest ranking employee; any public
49 benefit corporation, public authority, board, or commission for which
50 the governor appoints the chief executive or a majority of the board
51 members; any division, department, or office regulated under this chap-
52 ter; the department of education and any public school district or char-
53 ter school, division, office, or institution under the supervision of
54 the department of education; all offices defined in article one of the
55 public officers law; the department of civil service or any of its civil
S. 3076--B 6
1 divisions as defined in article one of the civil service law; or any
2 contractor while performing services on behalf of the state.
3 3. For the purposes of this section, the terms "immigration authori-
4 ties", "immigration enforcement", "immigration law", "immigration
5 detainer" and "civil immigration warrant" shall have the same meaning as
6 defined in section 1.20 of the criminal procedure law.
7 § 319-a. Restrictions on immigration enforcement by state employees.
8 1. No state employee shall use state resources, including but not limit-
9 ed to time spent while on duty or any state property, for immigration
10 enforcement purposes.
11 2. No state entity or state employee shall disclose to immigration
12 authorities an individual's personally identifiable information, includ-
13 ing, but not limited to, a person's name, social security number, phys-
14 ical description, home address, telephone number, financial information,
15 medical information, place of employment or education.
16 3. No state entity or state employee shall inquire about a person's
17 citizenship, immigration status, nationality, or country of origin,
18 unless required by law or necessary to administer a public program or
19 benefit sought by that person.
20 4. No state entity or state employee shall collect information about a
21 person's citizenship, immigration status, nationality, or country of
22 origin, unless required by law or necessary to administer a public
23 program or benefit sought by such person.
24 5. No state entity or state employee shall question, investigate, or
25 interrogate an individual solely on the basis of an immigration detain-
26 er, a civil immigration warrant, or an actual or suspected violation of
27 immigration law.
28 6. No state entity or state employee shall permit non-local law
29 enforcement agencies to access non-public areas of property or facili-
30 ties owned by or under the control of the state unless presented with a
31 judicial warrant signed by a judge or independent magistrate authorizing
32 a search or seeking the arrest of an individual present at the time the
33 judicial warrant is presented.
34 7. No state entity or state employee shall enter a person's immi-
35 gration status into any database maintained by any state entity unless
36 required or necessary to administer a public program or benefit sought
37 by that person.
38 8. No state entity or state employee shall use immigration authorities
39 as interpreters for law enforcement matters relating to individuals such
40 entities or employees interact with as part of their employment duties.
41 9. All requests for assistance made by immigration authorities to
42 state entities or state employees acting in the course of their duties
43 and all other communications between state employees and immigration
44 authorities shall be recorded. Each state entity whose employees are
45 subject to this section shall issue an annual report listing the number
46 of such requests or communications and stating the content and outcome
47 of each request or communication, which shall be promptly delivered to
48 the office of the attorney general and which shall be a public record.
49 10. This section shall not prohibit state employees from sending or
50 receiving information regarding an individual's citizenship or immi-
51 gration status to or from any local, state, or federal agency.
52 11. The provisions of this article shall not prohibit state employees
53 from complying with valid court orders or judicial warrants issued by an
54 independent judge appointed pursuant to Article III of the United States
55 constitution or federal magistrate judge appointed pursuant to 28 USC §
56 631.
S. 3076--B 7
1 12. The provisions of this article shall apply notwithstanding any
2 other provisions of state or local law and shall not be construed to in
3 any way expand the authority of state employees to participate in immi-
4 gration enforcement.
5 § 5. The general municipal law is amended by adding a new article 19-C
6 to read as follows:
7 ARTICLE 19-C
8 DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
9 TO IMMIGRATION ENFORCEMENT
10 Section 995. Restriction on use of local resources for immigration
11 enforcement.
12 § 995. Restriction on use of local resources for immigration enforce-
13 ment. (a) For the purposes of this section, the terms "immigration
14 authorities", "immigration enforcement", "immigration law", "immigration
15 detainer" and "civil immigration warrant" shall have the same meaning as
16 defined in section 1.20 of the criminal procedure law.
17 (b) No resources of any municipal corporation shall be utilized for
18 immigration enforcement. For the purposes of this subdivision, resources
19 of a municipal corporation shall include, but not be limited to, time
20 spent by the municipal corporation's employees, officers, contractors,
21 or subcontractors while on duty and the use of any municipal corpo-
22 ration's property.
23 (c) No municipal corporation, nor any employee thereof, shall disclose
24 to immigration authorities an individual's personally identifiable
25 information, including but not limited to such person's name, social
26 security number, physical description, any associated addresses, tele-
27 phone number, financial information, medical information, or place of
28 employment or education.
29 (d) No municipal corporation, nor any employee thereof, shall ques-
30 tion, investigate, or interrogate an individual on the basis of an immi-
31 gration detainer, a civil immigration warrant, or an actual or suspected
32 violation of immigration law.
33 (e) No municipal corporation, nor any employee thereof, shall inquire
34 about a person's citizenship, immigration status, nationality, or coun-
35 try of origin, unless required by law or necessary to administer a
36 public program or benefit sought by such person.
37 (f) No municipal corporation nor any employee thereof, shall collect
38 information about a person's citizenship, immigration status, nationali-
39 ty, or country of origin, unless required by law or necessary to admin-
40 ister a public program or benefit sought by such person.
41 (g) No municipal corporation, nor any employee thereof, shall enter a
42 person's immigration status into any database maintained by any munici-
43 pal corporation unless required or necessary to administer a public
44 program or benefit sought by such person.
45 (h) No municipal corporation, nor any employee thereof, shall permit
46 non-local law enforcement agencies to access non-public areas of proper-
47 ty or facilities under the control of such municipal corporation unless
48 presented with a judicial warrant signed by a judge or independent
49 magistrate authorizing a search or seeking the arrest of an individual
50 present at the time the judicial warrant is presented.
51 (i) No municipal corporation, nor any employee thereof, shall use
52 immigration authorities as interpreters for law enforcement matters
53 relating to individuals such corporation or employees interact with as
54 part of their employment duties.
55 (j) All requests for assistance made by immigration authorities to law
56 enforcement agencies within a municipal corporation and all other commu-
S. 3076--B 8
1 nications between law enforcement officers within a municipal corpo-
2 ration and immigration authorities shall be recorded. Each municipal
3 corporation shall issue an annual report listing the number of such
4 requests or communications and stating the content and outcome of each
5 request or communication, which shall be promptly delivered to the
6 office of the attorney general and which shall be a public record.
7 (k) This section shall not prohibit municipal employees from sending
8 or receiving information regarding an individual's citizenship or immi-
9 gration status to or from any local, state, or federal agency.
10 (l) The provisions of this article shall not prohibit municipal corpo-
11 rations or their employees from complying with valid court orders or
12 judicial warrants issued by an independent judge appointed pursuant to
13 Article III of the United States constitution or federal magistrate
14 judge appointed pursuant to 28 USC § 631, or from complying with valid
15 writs of habeas corpus ad prosequendum or habeas corpus ad testificandum
16 issued by a state court with the authority to do so pursuant to sections
17 580.30 and 650.30 of the criminal procedure law upon application by a
18 district attorney.
19 (m) The provisions of this article shall apply notwithstanding any
20 other provisions of state or local law and shall not be construed to in
21 any way expand the authority of state and local employees to participate
22 in immigration enforcement.
23 § 6. Section 500-c of the correction law is amended by adding a new
24 subdivision 4-a to read as follows:
25 4-a. (a) The chief administrative officer shall not, by formal agree-
26 ment or otherwise, allow any officer or employee of a county correction-
27 al facility to be subject to the direction or supervision of immigration
28 authorities, as defined in section 1.20 of the criminal procedure law.
29 (b) The chief administrative officer shall ensure that no officer or
30 employee of a county correctional facility spends time while on duty or
31 uses correctional facility resources for immigration enforcement, as
32 defined in section 1.20 of the criminal procedure law.
33 (c) All requests for assistance made by immigration authorities to
34 county jails or their officers acting in the course of their duties and
35 all other communications between corrections personnel and immigration
36 authorities shall be recorded. The chief administrative officer shall
37 produce an annual report listing all such requests and communications
38 and stating the content and outcome of request or communication, which
39 shall be promptly delivered to the office of the attorney general and
40 which shall be a public record.
41 § 7. Section 147 of the correction law is REPEALED.
42 § 8. Section 500-f of the correction law is REPEALED.
43 § 9. Section 621 of the correction law is amended by adding a new
44 subdivision 3 to read as follows:
45 3. This section shall not be construed to permit any law enforcement
46 officer or agency of this state or its subdivisions to participate in or
47 assist with immigration enforcement, as defined in section 1.20 of the
48 criminal procedure law. All law enforcement officers or agencies
49 furnishing information to agencies of other jurisdictions shall obtain
50 from the recipient agency a certification that such information will not
51 be used for immigration enforcement.
52 § 10. The executive law is amended by adding a new section 63-e to
53 read as follows:
54 § 63-e. Immigration status reports and databases. 1. The office of the
55 attorney general shall review all reports provided to it pursuant to
56 article fifteen-AA of this chapter, article nineteen-C of the general
S. 3076--B 9
1 municipal law, and article twenty of the correction law and shall
2 prepare an annual summary of such reports, which shall also identify any
3 alleged omissions or discrepancies in the reported information and any
4 information that may indicate a violation of state law. Such summary
5 shall be a public record.
6 2. The attorney general shall establish a system to solicit and
7 receive complaints from the public about improper use of resources by
8 state or local entities or employees for immigration enforcement and
9 improper sharing of information by state or local entities or employees
10 with immigration authorities. The attorney general shall investigate all
11 such complaints to determine whether a violation of state law occurred,
12 and may bring civil actions against state or local entities or employees
13 acting in their official capacity in the name of the people of the state
14 of New York to obtain appropriate equitable or declaratory relief if the
15 attorney general determines that a violation of state law occurred.
16 3. For any databases operated by state and local law enforcement agen-
17 cies, including databases maintained for the agency by private vendors,
18 the attorney general shall, by the first of January following the effec-
19 tive date of this section, in consultation with appropriate stakehold-
20 ers, publish guidance, audit criteria, and training recommendations
21 aimed at ensuring that such databases are governed in a manner that
22 limits the availability of information contained therein, to the fullest
23 extent practicable and consistent with federal and state law, to anyone
24 or any entity for the purpose of immigration enforcement. All state and
25 local law enforcement agencies are encouraged to adopt necessary changes
26 to database governance policies consistent with such guidance.
27 § 11. This act shall take effect immediately; provided, however, that
28 the amendments to section 500-c of the correction law made by section
29 six of this act shall not affect the repeal of such section and shall be
30 deemed repealed therewith.
