Bill Text: NY S04240 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits disclosure of immigration status for victims of domestic violence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S04240 Detail]

Download: New_York-2021-S04240-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4240

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 3, 2021
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed 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.
                                                                   LBD03325-01-1
        S. 4240                             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.