Assembly Bill A72

2015-2016 Legislative Session

Prohibits disclosure of immigration status for victims of domestic violence; adds enhanced penalties for coercive threats to expose immigration status of victims

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A72 (ACTIVE) - Details

See Senate Version of this Bill:
S3189
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§140.10 & 530.11, add §2.25, CP L; amd §459-h, Soc Serv L; amd §812, Fam Ct Act; add §70.11, Pen L; add §844, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10286, S7412
2013-2014: A5364, S486
2017-2018: A1225, S5211
2019-2020: S2925

2015-A72 (ACTIVE) - Summary

Prohibits disclosure of immigration status for victims of domestic violence; adds enhanced penalties for coercive threats to expose immigration status of victims and witnesses of domestic violence.

2015-A72 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   72

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. ROZIC, ABINANTI, BARRETT, BORELLI, CAHILL, COOK,
  FAHY,  JAFFEE,  LAVINE,  MAYER,  MILLER,  MOSLEY,  O'DONNELL,   PERRY,
  ROBERTS,   ROBINSON,  ROSENTHAL,  SCARBOROUGH,  SEPULVEDA,  TITONE  --
  Multi-Sponsored by -- M.  of  A.  BRENNAN,  CLARK,  GLICK,  GOTTFRIED,
  HEASTIE, THIELE -- 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, the penal law 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:

  Section 1. Short title. This act shall be known and may  be  cited  as
"The New York State Violence Against Women Act".
  S  2. Subparagraph (ii) of paragraph (b) and paragraph (c) of subdivi-
sion 4 of section 140.10 of the  criminal  procedure  law,  subparagraph
(ii)  of paragraph (b) as amended by chapter 107 of the laws of 2004 and
paragraph (c) as amended by chapter 4 of the laws of 1997,  are  amended
to read as follows:
  (ii)  The  respondent or defendant commits a family offense as defined
in subdivision one of section eight hundred twelve of the  family  court
act or subdivision one of section 530.11 of this chapter in violation of
such  order  of  protection  or special order of conditions.  AN OFFICER
MAKING AN ARREST UNDER THIS SUBPARAGRAPH SHALL NOT  INQUIRE  AS  TO  THE
IMMIGRATION  STATUS  OF  THE  PERSON  WHOM THE ORDER PROTECTS.   IF SUCH
STATUS IS ASCERTAINED AND WOULD RESULT  IN  ADVERSE  IMMIGRATION  CONSE-
QUENCES TO SUCH PERSON, THE OFFICER SHALL NOT REPORT SUCH INFORMATION TO
ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
  (c)  a  misdemeanor  constituting  a  family  offense, as described in
subdivision one of section 530.11 of  this  chapter  and  section  eight
hundred  twelve  of  the  family  court  act, has been committed by such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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