Bill Text: NY S09613 | 2023-2024 | General Assembly | Introduced

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Bill Title: Regulates the discovery and disclosure of immigration status; limits state officers, employees and law enforcement inquiring about an individual's immigration status.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-06-03 - OPINION REFERRED TO JUDICIARY [S09613 Detail]

Download: New_York-2023-S09613-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9613

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

                    CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

        proposing an amendment to the constitution, in  relation  to  regulating
          the discovery and disclosure of immigration status

     1    Section  1.  Resolved (if the Assembly concur), That article 20 of the
     2  constitution be renumbered article 21 and a new article 20 be  added  to
     3  read as follows:
     4                                 ARTICLE XX
     5        Regulation of Discovery and Disclosure of Immigration Status
     6    Section  1.  For  purposes  of this article, the following terms shall
     7  have the following meanings:
     8    1. "State entity" shall mean (a) all  agencies  and  departments  over
     9  which  the  governor has executive authority; and (b) all public benefit
    10  corporations, public authorities, boards, and commissions, for which the
    11  governor appoints the chair, the chief executive,  or  the  majority  of
    12  board members, except for the port authority of New York and New Jersey.
    13    2. "Noncitizen" shall mean any person who is not a citizen or national
    14  of the United States.
    15    3.  "Illegal  activity"  shall mean any unlawful activity that consti-
    16  tutes a crime under state or federal law, provided, however, an individ-
    17  ual's status as an undocumented noncitizen shall not constitute unlawful
    18  activity.
    19    § 2. No state officers or employees, other than law enforcement  offi-
    20  cers, shall inquire about an individual's immigration status unless:
    21    1.  the status of such individual is necessary to determine such indi-
    22  vidual's eligibility for a program,  benefit,  or  the  provision  of  a
    23  service; or
    24    2.  the  state officer or employee is required by law to inquire about
    25  such individual's status.
    26    § 3. No state officers or employees, including law  enforcement  offi-
    27  cers,  shall disclose information to federal immigration authorities for
    28  the purpose of federal civil immigration enforcement, unless required by
    29  law.  Notwithstanding such prohibition, this article shall not prohibit,
    30  or in any way restrict, any state employee from sending to, or receiving

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD89142-01-4
        S. 9613                             2

     1  from, federal immigration authorities, information regarding  the  citi-
     2  zenship or immigration status, lawful or unlawful, of any individual, as
     3  required by law.
     4    §  4.  1.  No law enforcement officers shall inquire about an individ-
     5  ual's immigration status unless investigating such individual's  illegal
     6  activity,  provided however that such inquiry is relevant to the illegal
     7  activity under investigation. Nothing in this article shall restrict law
     8  enforcement officers from seeking documents for the purpose of identifi-
     9  cation following arrest.
    10    2. Such prohibition against inquiring into status includes, but is not
    11  limited to, when an individual  approaches  a  law  enforcement  officer
    12  seeking assistance, is the victim of a crime, or is witness to a crime.
    13    3.  Law  enforcement  officers  shall  not use resources, equipment or
    14  personnel for the purpose of detecting and apprehending  any  individual
    15  suspected  or wanted only for violating a civil immigration offense. Law
    16  enforcement officers shall have no authority to take any  police  action
    17  solely  because  an  individual is an undocumented noncitizen, including
    18  but not limited to identifying, questioning, detaining, or demanding  to
    19  inspect federal immigration documents.
    20    §  2.  Resolved (if the Assembly concur), That the foregoing amendment
    21  be submitted to the people for approval at the general  election  to  be
    22  held  in the year 2024 in accordance with the provisions of the election
    23  law.