Bill Text: NY S06964 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires that local governments comply with a detainer request issued by a federal law enforcement agency; requires that such local government not interfere with the ability of federal law enforcement officials to conduct enforcement activities at municipal or county jails in furtherance of their duty to enforce federal laws.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2024-02-23 - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED [S06964 Detail]
Download: New_York-2023-S06964-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6964 2023-2024 Regular Sessions IN SENATE May 16, 2023 ___________ Introduced by Sens. MURRAY, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs AN ACT to amend the executive law and the general municipal law, in relation to prohibiting local government action which prevents the enforcement of federal laws The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (s) and (t) of subdivision 2 of section 709 of 2 the executive law, paragraph (s) as amended and paragraph (t) as added 3 by section 14 of part B of chapter 56 of the laws of 2010, are amended 4 and paragraph (u) of subdivision 2 is relettered paragraph (v) and a new 5 paragraph (u) is added to read as follows: 6 (s) work in consultation with or make recommendations to the commis- 7 sioner of agriculture and markets in developing rules and regulations 8 relating to ammonium nitrate security; [and] 9 (t) develop, maintain, and deploy state, regional and local all-hazard 10 incident management teams[.]; and 11 (u) develop a plan, in conjunction with the state police, to determine 12 whether a county, city, town or village, any agency, office, department 13 or authority thereof, including a sheriff's department, municipal police 14 department or district attorney's office is in compliance with the 15 requirements of section one hundred thirty-nine-e of the general munici- 16 pal law. Together, the commissioner and superintendent of the state 17 police shall compile a list of local government entities that are deemed 18 to be in violation of section one hundred thirty-nine-e of the general 19 municipal law. This list shall be updated monthly, and shall be 20 forwarded to the comptroller. 21 § 2. The general municipal law is amended by adding a new section 22 139-e to read as follows: 23 § 139-e. Prohibition against local government action preventing the 24 enforcement of federal laws. 1. In accordance with articles nine and 25 thirteen of the constitution, no county, city, town or village, or any 26 agency, office, department or authority thereof, including a sheriff's EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11364-01-3S. 6964 2 1 department, municipal police department, or district attorney's office, 2 or the governing body thereof, shall adopt any rule, order, ordinance, 3 local law or policy, either formally or informally, prohibiting or 4 inhibiting the following: 5 (a) the compliance with a detainer request issued by a federal law 6 enforcement agency, pertaining to an individual lawfully detained by the 7 local government entity; or 8 (b) the ability of federal law enforcement officials to enter and 9 conduct enforcement activities at a municipal or county jail, in furth- 10 erance of their duty to enforce federal laws. 11 2. For purposes of this section, a "federal law enforcement agency" 12 includes the: 13 (a) United States central intelligence agency, 14 (b) United States department of homeland security, 15 (c) United States department of justice, 16 (d) United States drug enforcement administration, 17 (e) federal air marshal service, 18 (f) federal bureau of investigation, 19 (g) federal emergency management agency, 20 (h) federal protective service, 21 (i) United States immigration and customs enforcement, 22 (j) national park service, 23 (k) United States secret service, 24 (l) transportation security administration, 25 (m) United States coast guard, 26 (n) United States customs and border protection, and 27 (o) United States marshals. 28 3. (a) A person shall not be considered to be lawfully detained if 29 such contact with law enforcement is for the purpose of reporting a 30 crime or suspected criminal activity, or when the purpose is to assist 31 law enforcement with an investigation. 32 (b) This section shall not apply to any school district, charter 33 school or municipal health services facility. 34 4. (a) No state funding shall be appropriated or disbursed to any 35 county, city, town or village, or any agency, office, department or 36 authority thereof, including a sheriff's department, municipal police 37 department or district attorney's office, determined to be in violation 38 of this section, pursuant to paragraph (u) of subdivision two of section 39 seven hundred nine of the executive law. 40 (b) The comptroller shall, prior to the disbursement or delivery of 41 any state funds, to a county, city, town or village, or any agency, 42 office, department or authority thereof, verify that the receiving enti- 43 ty has not been determined to be in violation of this section, in 44 accordance with the most recent listing received pursuant to paragraph 45 (u) of subdivision two of section seven hundred nine of the executive 46 law. 47 § 3. If any clause, sentence, paragraph, subdivision, section or part 48 of this act shall be adjudged by any court of competent jurisdiction to 49 be invalid, such judgment shall not affect, impair or invalidate the 50 remainder thereof, but shall be confined in its operation to the clause, 51 sentence, paragraph, subdivision, section or part thereof directly 52 involved in the controversy in which such judgment shall have been 53 rendered. It is hereby declared to be the intent of the legislature that 54 this act would have been enacted even if such invalid provisions had not 55 been included herein. 56 § 4. This act shall take effect immediately.
