Bill Text: NY S01748 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits law enforcement agencies or officers from inquiring about immigration status unless a person is booked into a detention facility or the immigration status of a person is pertinent to the criminal investigation.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S01748 Detail]

Download: New_York-2013-S01748-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1748
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  ESPAILLAT,  KRUEGER, MONTGOMERY -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Finance
       AN  ACT  to  amend  the  executive law, in relation to prohibiting a law
         enforcement agency or officer from inquiring about immigration status
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section 844 to
    2  read as follows:
    3    S  844.  INQUIRY  INTO  IMMIGRATION STATUS LIMITED. A. IN CONDUCTING A
    4  ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITY, INCLUDING AN INTERVIEW, A
    5  DETENTION, A TRAFFIC STOP, A PEDESTRIAN STOP, A FRISK OR OTHER  TYPE  OF
    6  BODILY  SEARCH  OR A SEARCH OF PERSONAL OR REAL PROPERTY, A LAW ENFORCE-
    7  MENT AGENCY OR A LAW ENFORCEMENT OFFICER SHALL NOT INQUIRE ABOUT OR SEEK
    8  PROOF OF A PERSON'S IMMIGRATION STATUS.
    9    B. IN CONDUCTING AN  INVESTIGATORY  ACTIVITY  IN  CONNECTION  WITH  AN
   10  INVESTIGATION,  A  LAW  ENFORCEMENT  AGENCY OR A LAW ENFORCEMENT OFFICER
   11  SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A VICTIM'S OR  WITNESS'S  IMMI-
   12  GRATION STATUS.
   13    C.  IN  CONDUCTING  AN  INVESTIGATORY  ACTIVITY  IN CONNECTION WITH AN
   14  INVESTIGATION, A LAW ENFORCEMENT AGENCY OR  A  LAW  ENFORCEMENT  OFFICER
   15  SHALL  NOT INQUIRE ABOUT OR SEEK PROOF OF A PERSON'S IMMIGRATION STATUS,
   16  UNLESS:
   17    (1) THE PERSON IS BOOKED INTO A DETENTION FACILITY; OR
   18    (2) THE PERSON IS ARRESTED FOR A VIOLATION OF THE  PENAL  LAW  OF  THE
   19  STATE OR A POLITICAL SUBDIVISION OF THE STATE AND THE IMMIGRATION STATUS
   20  OF THAT PERSON IS PERTINENT TO THE CRIMINAL INVESTIGATION.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02620-01-3