Bill Text: NY A05487 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits disclosure of immigration status for victims of domestic violence.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05487 Detail]
Download: New_York-2019-A05487-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5487 2019-2020 Regular Sessions IN ASSEMBLY February 12, 2019 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, the social services law, the family court act and the executive law, in relation to maintaining the confidentiality of immigration status for victims of domestic violence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (ii) of paragraph (b) and paragraph (c) of 2 subdivision 4 of section 140.10 of the criminal procedure law, subpara- 3 graph (ii) of paragraph (b) as amended by chapter 107 of the laws of 4 2004 and paragraph (c) as amended by chapter 4 of the laws of 1997, are 5 amended to read as follows: 6 (ii) The respondent or defendant commits a family offense as defined 7 in subdivision one of section eight hundred twelve of the family court 8 act or subdivision one of section 530.11 of this chapter in violation of 9 such order of protection or special order of conditions. An officer 10 making an arrest under this subparagraph shall not inquire as to the 11 immigration status of the person whom the order protects. If such 12 status is ascertained and would result in adverse immigration conse- 13 quences to such person, the officer shall not report such information to 14 any local, state or federal law enforcement agency. 15 (c) a misdemeanor constituting a family offense, as described in 16 subdivision one of section 530.11 of this chapter and section eight 17 hundred twelve of the family court act, has been committed by such 18 person against such family or household member, unless the victim 19 requests otherwise. The officer shall neither inquire as to whether the 20 victim seeks an arrest of such person nor threaten the arrest of any 21 person for the purpose of discouraging requests for police intervention. 22 The officer shall also not inquire as to the immigration status of the 23 victim; nor shall such officer, if informed of such status, report such 24 information to any local, state or federal law enforcement agency. 25 Notwithstanding the foregoing, when an officer has reasonable cause to 26 believe that more than one family or household member has committed such 27 a misdemeanor, the officer is not required to arrest each such person. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01576-01-9A. 5487 2 1 In such circumstances, the officer shall attempt to identify and arrest 2 the primary physical aggressor after considering: (i) the comparative 3 extent of any injuries inflicted by and between the parties; (ii) wheth- 4 er any such person is threatening or has threatened future harm against 5 another party or another family or household member; (iii) whether any 6 such person has a prior history of domestic violence that the officer 7 can reasonably ascertain; and (iv) whether any such person acted defen- 8 sively to protect himself or herself from injury. The officer shall 9 evaluate each complaint separately to determine who is the primary phys- 10 ical aggressor and shall not base the decision to arrest or not to 11 arrest on the willingness of a person to testify or otherwise partic- 12 ipate in a judicial proceeding. 13 § 2. Subdivision 2 of section 530.11 of the criminal procedure law is 14 amended by adding a new paragraph (j) to read as follows: 15 (j) That any information regarding the petitioner's immigration status 16 shall be kept confidential and will not be referred or reported to any 17 local, state or federal law enforcement agency. 18 § 3. The criminal procedure law is amended by adding a new section 19 2.25 to read as follows: 20 § 2.25 Prohibitions on law enforcement agencies and peace officers. 21 A law enforcement agency of the state or a political subdivision of 22 the state or a peace officer may not inquire as to the nationality or 23 immigration status of a victim of or witness to domestic violence, as 24 such terms are defined by section four hundred fifty-nine-a of the 25 social services law, except as necessary to investigate the offense, nor 26 shall such officer report or refer such status to any local, state or 27 federal law enforcement agency. 28 § 4. Section 459-h of the social services law is amended by adding a 29 new subdivision 3 to read as follows: 30 3. All information related to a victim of domestic violence's immi- 31 gration status shall be kept confidential and shall not be disclosed for 32 any purpose, including such investigations that may be conducted by any 33 local, state or federal law enforcement agency relating to said individ- 34 ual's immigration status. 35 § 5. Subdivision 2 of section 812 of the family court act is amended 36 by adding a new paragraph (h) to read as follows: 37 (h) That any information regarding the petitioner's immigration status 38 shall be kept confidential and will not be referred or reported to any 39 local, state or federal law enforcement agency. 40 § 6. The executive law is amended by adding a new section 844 to read 41 as follows: 42 § 844. Inquiry into immigration status prohibited in certain circum- 43 stances. In conducting an investigatory activity, including an inter- 44 view, into any incident of domestic violence, as such term is defined in 45 article six-A of the social services law, a law enforcement agency or a 46 law enforcement official shall not inquire about or seek proof of a 47 person's immigration status, nor shall such officer, if informed of such 48 status, refer or report any findings regarding such status to any local, 49 state or federal law enforcement agency. Any information obtained in 50 such investigatory activity regarding a person's immigration status 51 shall be kept confidential. 52 § 7. This act shall take effect immediately, provided that the amend- 53 ments to subdivision 4 of section 140.10 of the criminal procedure law 54 made by section one of this act shall not affect the repeal of such 55 subdivision and shall be deemed repealed therewith.
