S1865-2011 Actions

• Jan 4, 2012: REFERRED TO FINANCE
• Jan 13, 2011: REFERRED TO FINANCE

S1865-2011 Memo

BILL NUMBER:S1865

TITLE OF BILL:
An act
to amend the executive law, in relation to prohibiting a law enforcement
agency or officer from inquiring about immigration status

PURPOSE OR GENERAL IDEA OF BILL:
Law enforcement officers cannot inquire about immigration status
during the course of an investigation unless a individual is booked
into a detention facility or is arrested for a breach of penal code
and immigration status is pertinent to the criminal investigation.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The executive law is amended by adding a new section 844 to
read as follows:

Section 844 Inquiry into immigration status limited.

Subsection a. In conducting routine or spontaneous investigatory
activity, including an interview, a detention, a traffic stop,
pedestrian stop, a frisk or other type of bodily search or a search
of personal or real property, a law enforcement agency or a law
enforcement officer shall not inquire about or seek proof of a
person's immigration status.

Subsection b. No inquiry of victim's or witness's immigration status.

Subsection c. Inquiry of immigration status can occur when person is
booked into a detention facility or person is arrested for violation
of penal law and immigration status is pertinent to the investigation.

JUSTIFICATION:
According to united States Constitution enforcement of federal laws
falls on the federal government, this includes immigration enforcement.
State and local law enforcement are responsible for policing their
communities and pursuing serious criminal offenses. Enforcement of
immigration laws adds additional roles and responsibilities these
officers don't have the training or the resources to handle. The time
spent asking people who appear foreign for their papers is time not
spent targeting individuals who pose serious threats to their
communities-a shift that overburdens the already stressed resources
of state and local police.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1865-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1865
 2011-2012 Regular Sessions
 I N  SENATE
 January 13, 2011
 
 Introduced by Sen. ESPAILLAT -- 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:

 

Section 1. The executive law is amended by adding a new section 844 to
 read as follows:

 

S  844.  INQUIRY  INTO  IMMIGRATION STATUS LIMITED. A. IN CONDUCTING A
 ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITY, INCLUDING AN INTERVIEW, A
 DETENTION, A TRAFFIC STOP, A PEDESTRIAN STOP, A FRISK OR OTHER  TYPE  OF
 BODILY  SEARCH  OR A SEARCH OF PERSONAL OR REAL PROPERTY, A LAW ENFORCE
 MENT AGENCY OR A LAW ENFORCEMENT OFFICER SHALL NOT INQUIRE ABOUT OR SEEK
 PROOF OF A PERSON'S IMMIGRATION STATUS.
 B. IN CONDUCTING AN  INVESTIGATORY  ACTIVITY  IN  CONNECTION  WITH  AN
 INVESTIGATION,  A  LAW  ENFORCEMENT  AGENCY OR A LAW ENFORCEMENT OFFICER
 SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A VICTIM'S OR  WITNESS'S  IMMI
 GRATION STATUS.
 C.  IN  CONDUCTING  AN  INVESTIGATORY  ACTIVITY  IN CONNECTION WITH AN
 INVESTIGATION, A LAW ENFORCEMENT AGENCY OR  A  LAW  ENFORCEMENT  OFFICER
 SHALL  NOT INQUIRE ABOUT OR SEEK PROOF OF A PERSON'S IMMIGRATION STATUS,
 UNLESS:

 (1) THE PERSON IS BOOKED INTO A DETENTION FACILITY; OR
 (2) THE PERSON IS ARRESTED FOR A VIOLATION OF THE  PENAL  LAW  OF  THE
 STATE OR A POLITICAL SUBDIVISION OF THE STATE AND THE IMMIGRATION STATUS
 OF THAT PERSON IS PERTINENT TO THE CRIMINAL INVESTIGATION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06304-01-1

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