Bill S391-2011

Enacts the "diplomatic immunity notification act"

Requires notification to certain federal and state agencies when certain persons with diplomatic immunity violate the law; requires a report by law enforcement or police agencies to include, but not be limited to, the name of the person protected by diplomatic immunity; the person's title, position and/or assignment in the United States; and the date, time, location and nature of the incident, including the potential penal law violations prompting such person having been arrested or who would have been arrested but for their diplomatic immunity.

Details

Actions

  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 5, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S391

TITLE OF BILL: An act in relation to requiring notification to certain federal and state agencies when certain persons with diplomatic immunity violate the law

PURPOSE: To require notification to appropriate federal, state and diplomatic authorities when individuals with diplomatic immunity violate the law.

SUMMARY OF PROVISIONS: This act requires that in each incident where a person protected by diplomatic immunity is arrested, or but for diplomatic immunity would have been arrested, by a law enforcement or police agency for the potential violation of the penal law, a specific set of federal, state and diplomatic authorities should be notified, and that law enforcement agencies report biannual summaries of such incidents.

JUSTIFICATION: Currently there are no formal notification or recordkeeping requirements at the state or federal level of incidents where diplomatic immunity is invoked to escape arrest or prosecution. The "diplomatic immunity notification act" creates a system that will provide federal and state officials and the public at large with information about the use of diplomatic immunity in New York State, and protect the public from diplomatic staff who repeatedly violate the law.

PRIOR LEGISLATIVE HISTORY: 2009-2010: S.5222-A/A.8051-A

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 391 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT in relation to requiring notification to certain federal and state agencies when certain persons with diplomatic immunity violate the law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "diplomat- ic immunity notification act". S 2. 1. Each incident, occurrence or circumstance where a person protected from detention, arrest, and/or prosecution by diplomatic immu- nity was in fact arrested, or would have been arrested but for their diplomatic immunity by a law enforcement or police agency concerning a potential violation of the penal law of the state of New York shall be reported by such agency to the following: (a) the United States department of state; (b) the secretary-general of the United Nations; (c) the ambassador or chief diplomatic officer to the United States of such individual's home country and of the country or international organization employing such individual in a capacity through which such individual enjoys diplomatic immunity; (d) the governor; (e) the attorney general; and (f) the chief elected officer of the locality in which such incident, occurrence or circumstance occurred. 2. Such report shall include, but not be limited to, the name of the person protected by diplomatic immunity; the person's title, position and/or assignment in the United States; and the date, time, location and nature of the incident, including the potential penal law violations
prompting such person having been, or who would have been arrested but for their diplomatic immunity. 3. Every law enforcement and police agency shall issue a biannual update listing any and all incidents to: (a) the United States department of state; (b) the secretary-general of the United Nations; (c) the ambassador or chief diplomatic officer to the United States of such individual's home country and of the country or international organization employing such individual in a capacity through which such individual enjoys diplomatic immunity; (d) the governor; (e) the attorney general; and (f) the chief elected officer of the locality in which such incident, occurrence or circumstance occurred. S 3. This act shall take effect immediately.

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