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; requires notification to be made to the United States Immigration and Customs Enforcement agency prior to the release of certain noncitizens; repeals provisions of the "protect our courts act".
STATE OF NEW YORK
________________________________________________________________________
9167--A
IN ASSEMBLY
February 12, 2024
___________
Introduced by M. of A. GANDOLFO, E. BROWN, BENDETT, BARCLAY, BYRNES,
DURSO, ANGELINO, MAHER, GRAY, SLATER, BRABENEC, TAGUE, DeSTEFANO,
DiPIETRO, JENSEN, PALMESANO, LEMONDES, SMULLEN, K. BROWN, SIMPSON,
McDONOUGH, J. A. GIGLIO, J. M. GIGLIO, NOVAKHOV, RA, REILLY, NORRIS,
FRIEND, FLOOD, BLUMENCRANZ, MCGOWAN, GALLAHAN -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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; to amend the correction law, in
relation to requiring notification of the United States Immigration
and Customs Enforcement agency prior to the release of certain noncit-
izens; 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14426-02-4
A. 9167--A 2
1 § 370.30 Procedure for court notification.
2 Upon a conviction for a felony or misdemeanor the court in which the
3 defendant was convicted shall immediately notify the United States Immi-
4 gration and Customs Enforcement agency when the defendant is not a citi-
5 zen of the United States. Such requirement shall apply to all criminal
6 courts, city courts, town courts and village courts within the state of
7 New York as those terms are defined in section 10.10 of this chapter.
8 § 3. Subdivisions 1 and 3 of section 70.15 of the penal law, as
9 amended by section 1 of part OO of chapter 55 of the laws of 2019, are
10 amended to read as follows:
11 1. Class A misdemeanor. A sentence of imprisonment for a class A
12 misdemeanor shall be a definite sentence. When such a sentence is
13 imposed the term shall be fixed by the court, and shall not exceed
14 [three hundred sixty-four days] one year.
15 3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
16 sified misdemeanor shall be a definite sentence. When such a sentence is
17 imposed the term shall be fixed by the court, and shall be in accordance
18 with the sentence specified in the law or ordinance that defines the
19 crime [but, in any event, it shall not exceed three hundred sixty-four
20 days].
21 § 4. Section 147 of the correction law, as amended by chapter 669 of
22 the laws of 2022, is amended to read as follows:
23 § 147. Noncitizen incarcerated individuals of correctional facilities.
24 The commissioner shall within three months after admission of a nonciti-
25 zen incarcerated individual to a correctional facility cause an investi-
26 gation to be made of the record and past history of such noncitizen and
27 shall upon the termination of such investigation cause the record of
28 such noncitizen, together with all facts disclosed by such investi-
29 gation, and his or her recommendations as to deportation, to be
30 forwarded to the United States immigration authorities having such
31 matters in charge. The commissioner shall notify the United States Immi-
32 gration and Customs Enforcement agency of the discharge, parole or
33 release of a noncitizen incarcerated individual at least five days prior
34 to such discharge, parole or release.
35 § 5. Section 500-c of the correction law is amended by adding a new
36 subdivision 29 to read as follows:
37 29. Notwithstanding any other provision of law, the chief administra-
38 tive officer of any local correctional facility operated by the county
39 or the city of New York, or a secure facility operated by the office of
40 children and family services, shall notify the United States Immigration
41 and Customs Enforcement agency of the release of a noncitizen individual
42 who has been detained or confined at such facility at least five days
43 prior to such release or as soon as practicable if release will occur
44 within less than five days.
45 § 6. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
46 § 7. Section 28 of the civil rights law, as added by chapter 322 of
47 the laws of 2020, is REPEALED.
48 § 8. Section 4-a of the judiciary law is REPEALED.
49 § 9. Paragraph (aa) of subdivision 2 of section 212 of the judiciary
50 law, as added by chapter 322 of the laws of 2020, is REPEALED.
51 § 10. This act shall take effect immediately; provided, however, that
52 the amendments to section 500-c of the correction law made by section
53 five of this act shall not affect the repeal of such section and shall
54 be deemed repealed therewith.
