Bill Text: NY A00291 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires notification to certain federal and state agencies when certain persons with diplomatic immunity violate the law; requires a report by law enforcement or police agencies to include, but not be limited to, the name of the person protected by diplomatic immunity; the person's title, position and/or assignment in the United States; and the date, time, location and nature of the incident, including the potential penal law violations prompting such person having been arrested or who would have been arrested but for their diplomatic immunity.

Spectrum: Slight Partisan Bill (Democrat 13-6)

Status: (Engrossed - Dead) 2012-03-19 - REFERRED TO CODES [A00291 Detail]

Download: New_York-2011-A00291-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          291
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. LANCMAN, GABRYSZAK, CASTRO, JAFFEE -- Multi-Spon-
         sored  by  -- M. of A.  BARRON, BURLING, CALHOUN, COOK, CROUCH, GALEF,
         GLICK, JEFFRIES, McDONOUGH, McENENY, MOLINARO, RAIA,  REILLY,  TITONE,
         WEISENBERG -- read once and referred to the Committee on Codes
       AN  ACT  in  relation  to  requiring notification to certain federal and
         state agencies when certain persons with diplomatic  immunity  violate
         the law
         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 "diplomat-
    2  ic immunity notification act".
    3    S 2. 1. Each incident,  occurrence  or  circumstance  where  a  person
    4  protected from detention, arrest, and/or prosecution by diplomatic immu-
    5  nity  was  in  fact  arrested, or would have been arrested but for their
    6  diplomatic immunity by a law enforcement or police agency  concerning  a
    7  potential  violation  of the penal law of the state of New York shall be
    8  reported by such agency to the following:
    9    (a) the United States department of state;
   10    (b) the secretary-general of the United Nations;
   11    (c) the ambassador or chief diplomatic officer to the United States of
   12  such individual's home country  and  of  the  country  or  international
   13  organization  employing such individual in a capacity through which such
   14  individual enjoys diplomatic immunity;
   15    (d) the governor;
   16    (e) the attorney general; and
   17    (f) the chief elected officer of the locality in which such  incident,
   18  occurrence or circumstance occurred.
   19    2.  Such  report shall include, but not be limited to, the name of the
   20  person protected by diplomatic immunity; the  person's  title,  position
   21  and/or assignment in the United States; and the date, time, location and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00853-01-1
       A. 291                              2
    1  nature  of  the  incident,  including the potential penal law violations
    2  prompting such person having been, or who would have been  arrested  but
    3  for their diplomatic immunity.
    4    3.  Every  law  enforcement  and  police agency shall issue a biannual
    5  update listing any and all incidents to:
    6    (a) the United States department of state;
    7    (b) the secretary-general of the United Nations;
    8    (c) the ambassador or chief diplomatic officer to the United States of
    9  such individual's home country  and  of  the  country  or  international
   10  organization  employing such individual in a capacity through which such
   11  individual enjoys diplomatic immunity;
   12    (d) the governor;
   13    (e) the attorney general; and
   14    (f) the chief elected officer of the locality in which such  incident,
   15  occurrence or circumstance occurred.
   16    S 3. This act shall take effect immediately.
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