S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3529
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by  M. of A. P. RIVERA, RAMOS -- Multi-Sponsored by -- M. of
         A. ARROYO, V. LOPEZ, ORTIZ, PERRY, J. RIVERA, N. RIVERA --  read  once
         and referred to the Committee on Local Governments
       AN  ACT  to  amend the general municipal law, in relation to prohibiting
         municipal corporations from empowering local police officers and peace
         officers to enforce any provision of federal immigration law, rule  or
         regulation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general municipal  law  is  amended  by  adding  a  new
    2  section 79 to read as follows:
    3    S 79. PROHIBITION ON ENFORCEMENT OF FEDERAL IMMIGRATION LAW, RULES AND
    4  REGULATIONS.  1. NO MUNICIPAL CORPORATION SHALL AUTHORIZE OR REQUIRE ANY
    5  MUNICIPAL POLICE OFFICER OR PEACE OFFICER TO ENFORCE  ANY  PROVISION  OF
    6  FEDERAL  IMMIGRATION  LAW,  RULE  OR  REGULATION,  UNLESS SUCH MUNICIPAL
    7  CORPORATION IS EXPRESSLY AUTHORIZED TO DO SO BY STATE STATUTE.
    8    2. EVERY MUNICIPAL CORPORATION, EXPRESSLY AUTHORIZED BY STATE  STATUTE
    9  TO AUTHORIZE OR REQUIRE ITS POLICE OFFICERS OR PEACE OFFICERS TO ENFORCE
   10  FEDERAL  IMMIGRATION LAW, RULES OR REGULATIONS, SHALL, PRIOR TO ANY SUCH
   11  AUTHORIZATION OR REQUIREMENT,  ESTABLISH  A  CIVILIAN  REVIEW  BOARD  TO
   12  REVIEW, EVALUATE AND REPORT ALL ACTIONS OF THE MUNICIPAL POLICE OFFICERS
   13  AND PEACE OFFICERS AUTHORIZED OR REQUIRED TO ENFORCE FEDERAL IMMIGRATION
   14  LAW,  RULES  AND  REGULATIONS.  EVERY CIVILIAN REVIEW BOARD SHALL COMPLY
   15  WITH THE PROVISIONS OF RULES AND REGULATIONS PROMULGATED BY THE ATTORNEY
   16  GENERAL FOR SUCH BOARDS.
   17    3. ANNUALLY, ON OR BEFORE MARCH  FIRST,  EACH  CIVILIAN  REVIEW  BOARD
   18  SHALL  SUBMIT  A  REPORT  TO THE LEGISLATURE AND THE ATTORNEY GENERAL ON
   19  EVERY ACTION TAKEN BY A POLICE OFFICER OR PEACE OFFICER OF  THE  MUNICI-
   20  PALITY  DURING THE PREVIOUS CALENDAR YEAR RELATING TO THE ENFORCEMENT OF
   21  FEDERAL IMMIGRATION LAW, RULES AND REGULATIONS, AND THE CIRCUMSTANCES OF
   22  EACH SUCH ACTION.
   23    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00361-01-1