Bill S486-2013

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

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.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S486

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure that all women in New York State feel safe to report domestic violence incidents.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill gives the short title, the "New York State Violence Against Women Act".

Section 2 of the bill amends section 140.10 of the criminal procedure law, to provide that state and local officers making arrests in domestic violence cases shall not inquire as to the immigration status of the victim. It further provides that if the officer inadvertently learns of it, he should not report the status to any local, state, or federal law enforcement agency.

Section 3 of the bill amends section 530.11 of the criminal procedure law to provide that petitioners requesting orders of protection shall have confidentiality in their immigration status.

Section 4 of the bill adds a new section 2.25 to the criminal procedure law, prohibiting a law enforcement officer to inquire as to the immigration status of a domestic violence victim during an investigation.

Sections 5 and 6 of the bill add new language to section 459-h of the social services law and section 812 of the family court act, respectively, providing for confidentiality of immigration status during investigations and proceedings by those entities.

Section 7 adds a new section 70.11 to the penal law, providing that in domestic violence cases, the court may take as an aggravating factor that an abuser threatened to expose a victim's domestic violence status.

Section 8 of the bill adds a new section 844 to the executive law, prohibiting law enforcement officers from referring any information regarding immigration status to federal law enforcement in the context of a domestic violence investigation.

JUSTIFICATION: One in four women is a victim of domestic violence sometime during adulthood, according to the National Coalition Against Domestic Violence. The incidence is even higher for immigrant women, especially those who are undocumented. Undocumented women live in fear that if they report their abuse, they will be deported. This bill ensures that no woman in New York State need fear ending her abuse.

PRIOR LEGISLATIVE HISTORY: This legislation was introduced in 2012 (S.7412) with Assemblywoman Meng (A.10286)

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 486 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed 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 FOR 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 person against such family or household member, unless the victim requests otherwise. The officer shall neither inquire as to whether the victim seeks an arrest of such person nor threaten the arrest of any
person for the purpose of discouraging requests for police intervention. THE OFFICER SHALL ALSO NOT INQUIRE AS TO THE IMMIGRATION STATUS OF THE VICTIM; NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH STATUS, REPORT SUCH INFORMATION TO ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY. Notwithstanding the foregoing, when an officer has reasonable cause to believe that more than one family or household member has committed such a misdemeanor, the officer is not required to arrest each such person. In such circumstances, the officer shall attempt to identify and arrest the primary physical aggressor after considering: (i) the comparative extent of any injuries inflicted by and between the parties; (ii) wheth- er any such person is threatening or has threatened future harm against another party or another family or household member; (iii) whether any such person has a prior history of domestic violence that the officer can reasonably ascertain; and (iv) whether any such person acted defen- sively to protect himself or herself from injury. The officer shall evaluate each complaint separately to determine who is the primary phys- ical aggressor and shall not base the decision to arrest or not to arrest on the willingness of a person to testify or otherwise partic- ipate in a judicial proceeding. S 3. Subdivision 2 of section 530.11 of the criminal procedure law is amended by adding a new paragraph (j) to read as follows: (J) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS SHALL BE KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED TO ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY. S 4. The criminal procedure law is amended by adding a new section 2.25 to read as follows: S 2.25 PROHIBITIONS ON LAW ENFORCEMENT AGENCIES AND PEACE OFFICERS. A LAW ENFORCEMENT AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A PEACE OFFICER MAY NOT INQUIRE AS TO THE NATIONALITY OR IMMIGRATION STATUS OF A VICTIM OF OR WITNESS TO DOMESTIC VIOLENCE, AS SUCH TERMS ARE DEFINED BY SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW, EXCEPT AS NECESSARY TO INVESTIGATE THE OFFENSE, NOR SHALL SUCH OFFICER REPORT OR REFER SUCH STATUS TO ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY. S 5. Section 459-h of the social services law is amended by adding a new subdivision 3 to read as follows: 3. ALL INFORMATION RELATED TO A VICTIM OF DOMESTIC VIOLENCE'S IMMI- GRATION STATUS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED FOR ANY PURPOSE, INCLUDING SUCH INVESTIGATIONS THAT MAY BE CONDUCTED BY ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY RELATING TO SAID INDIVID- UAL'S IMMIGRATION STATUS. S 6. Subdivision 2 of section 812 of the family court act is amended by adding a new paragraph (h) to read as follows: (H) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS SHALL BE KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED TO ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY. S 7. The penal law is amended by adding a new section 70.11 to read as follows: S 70.11 SENTENCES OF IMPRISONMENT FOR DOMESTIC VIOLENCE; AGGRAVATING FACTORS. IN MATTERS DIVESTED TO A CRIMINAL COURT UNDER SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT, OR WHERE SUCH COURT EXERCISES CONCURRENT JURISDICTION UNDER SUCH SECTION AND IN MATTERS REFERRED TO A CRIMINAL COURT UNDER ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, WHERE THE RESPOND- ENT THREATENS TO EXPOSE A WITNESS OR A VICTIM'S IMMIGRATION STATUS IN
ORDER TO COERCE SUCH VICTIM OR WITNESS OR CONCEAL SUCH OFFENSE, SHALL RESULT IN THE FOLLOWING ENHANCEMENT OF SUCH SENTENCE: (A) FOR OFFENSES COMMITTED UNDER SECTION 120.00 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY; (B) FOR OFFENSES COMMITTED UNDER SECTION 120.05 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY; (C) FOR OFFENSES COMMITTED UNDER SECTION 120.10 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS A FELONY; (D) FOR OFFENSES COMMITTED UNDER SECTION 120.13 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS D FELONY; (E) FOR OFFENSES COMMITTED UNDER SECTION 120.14 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY; (F) FOR OFFENSES COMMITTED UNDER SECTION 120.15 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR; (G) FOR OFFENSES COMMITTED UNDER SECTION 120.20 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY; (H) FOR OFFENSES COMMITTED UNDER SECTION 120.25 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY; (I) FOR OFFENSES COMMITTED UNDER SECTION 120.45 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR; (J) FOR OFFENSES COMMITTED UNDER SECTION 120.50 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY; (K) FOR OFFENSES COMMITTED UNDER SECTION 120.55 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS D FELONY; (L) FOR OFFENSES COMMITTED UNDER SECTION 120.60 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY; (M) FOR OFFENSES COMMITTED UNDER SECTION 121.11 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY; (N) FOR OFFENSES COMMITTED UNDER SECTION 121.12 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY; (O) FOR OFFENSES COMMITTED UNDER SECTION 121.13 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS B FELONY; (P) FOR OFFENSES COMMITTED UNDER SECTION 130.25 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS D FELONY; (Q) FOR OFFENSES COMMITTED UNDER SECTION 130.30 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY; (R) FOR OFFENSES COMMITTED UNDER SECTION 130.35 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS A FELONY; (S) FOR OFFENSES COMMITTED UNDER SECTION 130.40 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS D FELONY; (T) FOR OFFENSES COMMITTED UNDER SECTION 130.45 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY; (U) FOR OFFENSES COMMITTED UNDER SECTION 130.50 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS A FELONY; (V) FOR OFFENSES COMMITTED UNDER SECTION 130.55 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR; (W) FOR OFFENSES COMMITTED UNDER SECTION 130.60 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY; (X) FOR OFFENSES COMMITTED UNDER SECTION 130.65 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY; (Y) FOR OFFENSES COMMITTED UNDER SECTION 130.65-A OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS D FELONY; (Z) FOR OFFENSES COMMITTED UNDER SECTION 130.66 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS C FELONY; (AA) FOR OFFENSES COMMITTED UNDER SECTION 130.67 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS B FELONY;
(BB) FOR OFFENSES COMMITTED UNDER SECTION 130.70 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS A FELONY; (CC) FOR OFFENSES COMMITTED UNDER SECTION 135.05 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY; (DD) FOR OFFENSES COMMITTED UNDER SECTION 135.10 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS D FELONY; (EE) FOR OFFENSES COMMITTED UNDER SECTION 135.20 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS A FELONY; (FF) FOR OFFENSES COMMITTED UNDER SECTION 135.45 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS E FELONY; (GG) FOR OFFENSES COMMITTED UNDER SECTION 135.50 OF THIS CHAPTER, THE SENTENCE SHALL REFLECT A CLASS D FELONY. S 8. The executive law is amended by adding a new section 844 to read as follows: S 844. INQUIRY INTO IMMIGRATION STATUS PROHIBITED IN CERTAIN CIRCUM- STANCES. IN CONDUCTING AN INVESTIGATORY ACTIVITY, INCLUDING AN INTER- VIEW, INTO ANY INCIDENT OF DOMESTIC VIOLENCE, AS SUCH TERM IS DEFINED IN ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, A LAW ENFORCEMENT AGENCY OR A LAW ENFORCEMENT OFFICIAL SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A PERSON'S IMMIGRATION STATUS, NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH STATUS, REFER OR REPORT ANY FINDINGS REGARDING SUCH STATUS TO ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY. ANY INFORMATION OBTAINED IN SUCH INVESTIGATORY ACTIVITY REGARDING A PERSON'S IMMIGRATION STATUS SHALL BE KEPT CONFIDENTIAL. S 9. This act shall take effect immediately, provided that the amend- ments to subdivision 4 of section 140.10 of the criminal procedure law made by section two of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.

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