Bill Text: NY A02328 | 2021-2022 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 45-0)

Status: (Introduced) 2021-06-01 - reported referred to rules [A02328 Detail]

Download: New_York-2021-A02328-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2328--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. REYES, L. ROSENTHAL, RODRIGUEZ, WEPRIN, EPSTEIN,
          CARROLL, SIMON,  DE LA ROSA,  TAYLOR,  QUART,  FORREST,  STECK,  CRUZ,
          BURGOS,   ANDERSON,  MITAYNES,  O'DONNELL,  DINOWITZ,  CLARK,  KELLES,
          GALLAGHER, OTIS, GONZALEZ-ROJAS, PRETLOW, SEAWRIGHT,  MAMDANI,  JACOB-
          SON, HEVESI, VANEL, BURDICK, LAVINE, GOTTFRIED, MEEKS, JACKSON, THIELE
          --  Multi-Sponsored  by  -- M. of A. COOK -- read once and referred to
          the Committee on Codes -- reported and referred to  the  Committee  on
          Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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.
                                                                   LBD03012-02-1

        A. 2328--A                          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-

        A. 2328--A                          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

        A. 2328--A                          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

        A. 2328--A                          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

        A. 2328--A                          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.

        A. 2328--A                          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-

        A. 2328--A                          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.
    15    (m) The provisions of this article  shall  apply  notwithstanding  any
    16  other  provisions of state or local law and shall not be construed to in
    17  any way expand the authority of state and local employees to participate
    18  in immigration enforcement.
    19    § 6. Section 500-c of the correction law is amended by  adding  a  new
    20  subdivision 4-a to read as follows:
    21    4-a.  (a) The chief administrative officer shall not, by formal agree-
    22  ment or otherwise, allow any officer or employee of a county correction-
    23  al facility to be subject to the direction or supervision of immigration
    24  authorities, as defined in section 1.20 of the criminal procedure law.
    25    (b) The chief administrative officer shall ensure that no  officer  or
    26  employee  of a county correctional facility spends time while on duty or
    27  uses correctional facility resources  for  immigration  enforcement,  as
    28  defined in section 1.20 of the criminal procedure law.
    29    (c)  All  requests  for  assistance made by immigration authorities to
    30  county jails or their officers acting in the course of their duties  and
    31  all  other  communications between corrections personnel and immigration
    32  authorities shall be recorded. The chief  administrative  officer  shall
    33  produce  an  annual  report listing all such requests and communications
    34  and stating the content and outcome of request or  communication,  which
    35  shall  be  promptly  delivered to the office of the attorney general and
    36  which shall be a public record.
    37    § 7. Section 147 of the correction law is REPEALED.
    38    § 8. Section 500-f of the correction law is REPEALED.
    39    § 9. Section 621 of the correction law is  amended  by  adding  a  new
    40  subdivision 3 to read as follows:
    41    3.  This  section shall not be construed to permit any law enforcement
    42  officer or agency of this state or its subdivisions to participate in or
    43  assist with immigration enforcement, as defined in section 1.20  of  the
    44  criminal  procedure  law.    All  law  enforcement  officers or agencies
    45  furnishing information to agencies of other jurisdictions  shall  obtain
    46  from the recipient agency a certification that such information will not
    47  be used for immigration enforcement.
    48    §  10.  The  executive  law is amended by adding a new section 63-e to
    49  read as follows:
    50    § 63-e. Immigration status reports and databases. 1. The office of the
    51  attorney general shall review all reports provided  to  it  pursuant  to
    52  article  fifteen-AA  of  this chapter, article nineteen-C of the general
    53  municipal law, and article  twenty  of  the  correction  law  and  shall
    54  prepare an annual summary of such reports, which shall also identify any
    55  alleged  omissions  or discrepancies in the reported information and any

        A. 2328--A                          9

     1  information that may indicate a violation of  state  law.  Such  summary
     2  shall be a public record.
     3    2.  The  attorney  general  shall  establish  a  system to solicit and
     4  receive complaints from the public about improper use  of  resources  by
     5  state  or  local  entities  or employees for immigration enforcement and
     6  improper sharing of information by state or local entities or  employees
     7  with immigration authorities. The attorney general shall investigate all
     8  such  complaints to determine whether a violation of state law occurred,
     9  and may bring civil actions against state or local entities or employees
    10  acting in their official capacity in the name of the people of the state
    11  of New York to obtain appropriate equitable or declaratory relief if the
    12  attorney general determines that a violation of state law occurred.
    13    3. For any databases operated by state and local law enforcement agen-
    14  cies, including databases maintained for the agency by private  vendors,
    15  the attorney general shall, by January first, two thousand twenty-two in
    16  consultation  with  appropriate  stakeholders,  publish  guidance, audit
    17  criteria, and training recommendations aimed at ensuring that such data-
    18  bases are governed in a manner that limits the availability of  informa-
    19  tion contained therein, to the fullest extent practicable and consistent
    20  with  federal  and state law, to anyone or any entity for the purpose of
    21  immigration enforcement.  All state and local law  enforcement  agencies
    22  are  encouraged  to adopt necessary changes to database governance poli-
    23  cies consistent with such guidance.
    24    § 11. This act shall take effect immediately; provided, however,  that
    25  the  amendments  to  section 500-c of the correction law made by section
    26  six of this act shall not affect the repeal of such section and shall be
    27  deemed repealed therewith.
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