STATE OF NEW YORK ________________________________________________________________________ 987 2023-2024 Regular Sessions IN SENATE January 9, 2023 ___________ Introduced by Sens. GOUNARDES, BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, GIANARIS, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH, KRUEG- ER, LIU, MAY, MAYER, MYRIE, RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRA- NO, 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 executive law, the general municipal law and the correction law, in relation to prohibit- ing and regulating the discovery and disclosure of immigration status; and to repeal certain provisions of the correction law relating there- to The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1.20 of the criminal procedure law is amended by 2 adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows: 3 46. "Immigration authorities" means any officer, employee, or govern- 4 ment employee who is responsible for enforcement of the federal Immi- 5 gration and Nationality Act, including any officer or agent of United 6 States Immigration and Customs Enforcement or United States Customs and 7 Border Protection. 8 47. "Immigration enforcement" means the enforcement of any civil 9 provision of the federal Immigration and Nationality Act or any 10 provision of law that penalizes a person's presence in, entry into, or 11 reentry into the United States. 12 48. "Immigration law" means any civil provision of the federal Immi- 13 gration and Nationality Act and any provision of law that penalizes a 14 person's presence in, entry into, or reentry into the United States. 15 49. "Immigration detainer" means any document, form, or other communi- 16 cation requesting or directing that a police officer, peace officer, or 17 government entity detain or maintain custody of an individual, for any 18 period of time, for pickup by or transfer to immigration authorities. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02333-01-3
S. 987 2 1 50. "Civil immigration warrant" means any warrant for a violation of 2 civil immigration law that is not issued by a judge appointed pursuant 3 to Article III of the United States constitution or a federal magistrate 4 judge appointed pursuant to 28 USC § 631, and includes any warrant 5 entered into the national crime information center database. 6 § 2. The criminal procedure law is amended by adding a new article 145 7 to read as follows: 8 ARTICLE 145 9 PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE 10 OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT 11 Section 145.05 Duties of police officers, peace officers, and school 12 resource officers; immigration. 13 145.10 Direction by immigration authorities. 14 145.15 Immigration detainer; questioning, investigation or 15 interrogation prohibited. 16 145.20 Inquiry into and collection of information about citi- 17 zenship or immigration status prohibited. 18 145.25 Notification of immigration authorities prohibited. 19 145.30 Transfer of custody to immigration authorities. 20 145.35 Entry of immigration status into a database. 21 145.40 Immigration authorities as interpreters prohibited. 22 145.45 Written consent for interview. 23 145.50 Receipt of information regarding citizenship. 24 145.55 Compliance with court orders and judicial warrants. 25 145.60 Application of laws. 26 § 145.05 Duties of police officers, peace officers, and school resource 27 officers; immigration. 28 The duties and authority of police officers, peace officers, and 29 school resource officers shall not include authority to engage in immi- 30 gration enforcement. Police officers, peace officers, and school 31 resource officers shall not use public resources for immigration 32 enforcement. 33 § 145.10 Direction by immigration authorities. 34 No police officer, peace officer, or school resource officer shall be 35 subject to the direction or supervision of immigration authorities. No 36 police officer, peace officer, or school resource officer shall partic- 37 ipate in or be subject to any agreement for the purpose of immigration 38 enforcement. 39 § 145.15 Immigration detainer; questioning, investigation or interro- 40 gation prohibited. 41 No police officer, peace officer, or school resource officer shall 42 question, investigate, or interrogate an individual solely on the basis 43 of an immigration detainer, a civil immigration warrant, or an actual or 44 suspected violation of immigration law. 45 § 145.20 Inquiry into and collection of information about citizenship or 46 immigration status prohibited. 47 1. No police officer, peace officer, or school resource officer shall 48 inquire about a person's citizenship, immigration status, nationality, 49 or country of origin, unless required by law or necessary to administer 50 a public program or benefit sought by that person. 51 2. No police officer, peace officer, or school resource officer shall 52 collect information regarding citizenship, immigration status, national- 53 ity, or country of origin, unless required by law or necessary to admin- 54 ister a public program or benefit sought by that person. 55 § 145.25 Notification of immigration authorities prohibited.
S. 987 3 1 No police officer, peace officer, or school resource officer shall 2 notify or otherwise communicate with immigration authorities regarding: 3 (i) the date, time, or location that an individual will be released from 4 custody; (ii) the time, date, or location of an individual's court 5 appearance; or (iii) any other information available to police officers, 6 peace officers, or school resource officers through or as a result of 7 such employment as a police officer, peace officer, or school resource 8 officer. 9 § 145.30 Transfer of custody to immigration authorities. 10 No police officer, peace officer, or school resource officer shall 11 transfer or facilitate the transfer of individuals in his or her custody 12 to the custody of immigration authorities absent a valid court order or 13 judicial warrant issued by an independent judge appointed pursuant to 14 Article III of the United States constitution or federal magistrate 15 judge appointed pursuant to 28 USC § 631 commanding the arrest of such 16 individual. 17 § 145.35 Entry of immigration status into a database. 18 No police officer, peace officer, or school resource officer shall 19 enter a person's immigration status into any database maintained by any 20 government entity unless required or necessary to administer a public 21 program or benefit sought by such person. 22 § 145.40 Immigration authorities as interpreters prohibited. 23 No police officer, peace officer, or school resource officer shall use 24 immigration authorities as interpreters for law enforcement matters 25 relating to individuals being interviewed, interrogated, investigated, 26 or taken into custody. 27 § 145.45 Written consent for interview. 28 1. In any instance in which immigration authorities are permitted 29 access to an individual in the custody of a police officer, peace offi- 30 cer, or school resource officer for the purpose of being interviewed, 31 the officer shall provide the individual with a written consent form 32 that explains the purpose of the interview, that the interview is volun- 33 tary, and that he or she may decline to be interviewed or may choose to 34 be interviewed with his or her attorney present. The written consent 35 form shall be provided in English, Spanish, and the five most widely 36 spoken languages in the county where the officer's agency or department 37 is located. 38 2. After providing an individual in custody with a written consent 39 form pursuant to subdivision one of this section, an officer shall keep 40 a written record of whether the individual declined an interview, 41 consented to an interview, or asked for an attorney to be present at the 42 interview, and whether an interview occurred. The office or agency 43 employing such officer shall maintain all such written records and shall 44 compile an annual summary identifying the number of requests for inter- 45 views received and whether each individual declined the interview, 46 consented to the interview, or asked for an attorney to be present at 47 the interview, and how many interviews occurred. Such summary shall not 48 include the personally identifiable information of any individual in 49 custody, and shall be a public record. 50 § 145.50 Receipt of information regarding citizenship. 51 The provisions of this article shall not prohibit police officers, 52 peace officers, or school resource officers from sending or receiving 53 information regarding an individual's citizenship or immigration status 54 to or from any local, state, or federal agency. 55 § 145.55 Compliance with court orders and judicial warrants.
S. 987 4 1 The provisions of this article shall not prohibit officers from 2 complying with valid court orders or judicial warrants issued by an 3 independent judge appointed pursuant to Article III of the United States 4 constitution or federal magistrate judge appointed pursuant to 28 USC § 5 631. 6 § 145.60 Application of laws. 7 The provisions of this article shall apply notwithstanding any other 8 provisions of state or local law and shall not be construed to in any 9 way expand the authority of state and local law enforcement officers to 10 participate in immigration enforcement. 11 § 3. The executive law is amended by adding a new section 256-b to 12 read as follows: 13 § 256-b. Duties of local probation departments regarding immigration 14 enforcement. 1. For the purposes of this section, the terms "immi- 15 gration authorities", "immigration enforcement", "immigration law", 16 "immigration detainer" and "civil immigration warrant" shall have the 17 same meaning as defined in section 1.20 of the criminal procedure law. 18 2. No probation agency or department, nor any employee thereof, shall 19 inquire about a person's citizenship, immigration status, nationality, 20 or country of origin, unless required by law or necessary to administer 21 a public program or benefit sought by such person. 22 3. No probation agency or department, nor any employee thereof, shall 23 communicate with immigration authorities regarding a person presently or 24 formerly under the supervision of such agency or department or disclose 25 to immigration authorities information gained in the course of employ- 26 ment or available as a result of employment with such agency or depart- 27 ment. 28 4. No probation agency or department, nor any employee thereof, shall 29 collect information about a person's citizenship, immigration status, 30 nationality, or country of origin, unless required by law or necessary 31 to administer a public program or benefit sought by such person. 32 5. No probation agency or department, nor any employee thereof, shall 33 question, investigate, or interrogate an individual solely on the basis 34 of an immigration detainer, a civil immigration warrant, or an actual or 35 suspected violation of immigration law. 36 6. No probation agency or department, nor any employee thereof, shall 37 permit non-local law enforcement agencies to access non-public areas of 38 property or facilities under the control of such agency or department 39 unless presented with a judicial warrant signed by a judge or independ- 40 ent magistrate authorizing a search or seeking the arrest of an individ- 41 ual present at the time the judicial warrant is presented. 42 7. In any instance in which immigration authorities are permitted 43 access to an individual under the supervision of a probation agency or 44 department for the purpose of being interviewed, the probation agency or 45 department shall provide the individual with a written consent form that 46 explains the purpose of the interview, that the interview is voluntary, 47 and that he or she may decline to be interviewed or may choose to be 48 interviewed with his or her attorney present. The written consent form 49 shall be provided in English, Spanish, and the five most widely spoken 50 languages in the county where the officer's agency or department is 51 located. 52 8. No probation agency or department, nor any employee thereof, shall 53 enter a person's immigration status into any database maintained by any 54 government entity unless required or necessary to administer a public 55 program or benefit sought by such person.
S. 987 5 1 9. No probation agency or department, nor any employee thereof, shall 2 investigate a person's immigration status or immigration history. 3 10. No probation agency or department, nor any employee thereof, shall 4 include a person's immigration status or immigration history in court- 5 ordered reports. 6 11. No probation agency or department, nor any employee thereof, shall 7 use immigration authorities as interpreters for law enforcement matters 8 relating to individuals under the supervision of such agency or depart- 9 ment. 10 12. The provisions of this section shall not prohibit employees of 11 probation agencies or departments from sending or receiving information 12 regarding an individual's citizenship or immigration status to or from 13 any local, state, or federal agency. 14 13. The provisions of this section shall not prohibit probation 15 departments or their employees from complying with valid court orders or 16 judicial warrants issued by an independent judge appointed pursuant to 17 Article III of the United States constitution or federal magistrate 18 judge appointed pursuant to 28 USC § 631. 19 14. The provisions of this section shall apply notwithstanding any 20 other provisions of state or local law and shall not be construed to in 21 any way expand the authority of state and local law enforcement officers 22 to participate in immigration enforcement. 23 § 4. The executive law is amended by adding a new article 15-AA to 24 read as follows: 25 ARTICLE 15-AA 26 RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES 27 Section 319. Definitions. 28 319-a. Restrictions on immigration enforcement by state employ- 29 ees. 30 § 319. Definitions. As used in this article, the following terms shall 31 have the following meanings: 32 1. "State entity" means: any agency under the executive authority of 33 the governor; any agency for which the governor appoints the commission- 34 er or highest ranking employee; any public benefit corporation, public 35 authority, board, or commission for which the governor appoints the 36 chief executive or a majority of the board members; any division, 37 department, or office regulated under this chapter; the department of 38 education and any public school district or charter school, division, 39 office, or institution under the supervision of the department of educa- 40 tion; all offices defined in article one of the public officers law; the 41 department of civil service or any of its civil divisions as defined in 42 article one of the civil service law; and any contractor while perform- 43 ing services on behalf of the state. 44 2. "State employee" means any individual employed by: any agency under 45 the executive authority of the governor; any agency for which the gover- 46 nor appoints the commissioner or highest ranking employee; any public 47 benefit corporation, public authority, board, or commission for which 48 the governor appoints the chief executive or a majority of the board 49 members; any division, department, or office regulated under this chap- 50 ter; the department of education and any public school district or char- 51 ter school, division, office, or institution under the supervision of 52 the department of education; all offices defined in article one of the 53 public officers law; the department of civil service or any of its civil 54 divisions as defined in article one of the civil service law; or any 55 contractor while performing services on behalf of the state.
S. 987 6 1 3. For the purposes of this section, the terms "immigration authori- 2 ties", "immigration enforcement", "immigration law", "immigration 3 detainer" and "civil immigration warrant" shall have the same meaning as 4 defined in section 1.20 of the criminal procedure law. 5 § 319-a. Restrictions on immigration enforcement by state employees. 6 1. No state employee shall use state resources, including but not limit- 7 ed to time spent while on duty or any state property, for immigration 8 enforcement purposes. 9 2. No state entity or state employee shall disclose to immigration 10 authorities an individual's personally identifiable information, includ- 11 ing, but not limited to, a person's name, social security number, phys- 12 ical description, home address, telephone number, financial information, 13 medical information, place of employment or education. 14 3. No state entity or state employee shall inquire about a person's 15 citizenship, immigration status, nationality, or country of origin, 16 unless required by law or necessary to administer a public program or 17 benefit sought by that person. 18 4. No state entity or state employee shall collect information about a 19 person's citizenship, immigration status, nationality, or country of 20 origin, unless required by law or necessary to administer a public 21 program or benefit sought by such person. 22 5. No state entity or state employee shall question, investigate, or 23 interrogate an individual solely on the basis of an immigration detain- 24 er, a civil immigration warrant, or an actual or suspected violation of 25 immigration law. 26 6. No state entity or state employee shall permit non-local law 27 enforcement agencies to access non-public areas of property or facili- 28 ties owned by or under the control of the state unless presented with a 29 judicial warrant signed by a judge or independent magistrate authorizing 30 a search or seeking the arrest of an individual present at the time the 31 judicial warrant is presented. 32 7. No state entity or state employee shall enter a person's immi- 33 gration status into any database maintained by any state entity unless 34 required or necessary to administer a public program or benefit sought 35 by that person. 36 8. No state entity or state employee shall use immigration authorities 37 as interpreters for law enforcement matters relating to individuals such 38 entities or employees interact with as part of their employment duties. 39 9. All requests for assistance made by immigration authorities to 40 state entities or state employees acting in the course of their duties 41 and all other communications between state employees and immigration 42 authorities shall be recorded. Each state entity whose employees are 43 subject to this section shall issue an annual report listing the number 44 of such requests or communications and stating the content and outcome 45 of each request or communication, which shall be promptly delivered to 46 the office of the attorney general and which shall be a public record. 47 10. This section shall not prohibit state employees from sending or 48 receiving information regarding an individual's citizenship or immi- 49 gration status to or from any local, state, or federal agency. 50 11. The provisions of this article shall not prohibit state employees 51 from complying with valid court orders or judicial warrants issued by an 52 independent judge appointed pursuant to Article III of the United States 53 constitution or federal magistrate judge appointed pursuant to 28 USC § 54 631. 55 12. The provisions of this article shall apply notwithstanding any 56 other provisions of state or local law and shall not be construed to in
S. 987 7 1 any way expand the authority of state employees to participate in immi- 2 gration enforcement. 3 § 5. The general municipal law is amended by adding a new article 19-C 4 to read as follows: 5 ARTICLE 19-C 6 DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING 7 TO IMMIGRATION ENFORCEMENT 8 Section 995. Restriction on use of local resources for immigration 9 enforcement. 10 § 995. Restriction on use of local resources for immigration enforce- 11 ment. (a) For the purposes of this section, the terms "immigration 12 authorities", "immigration enforcement", "immigration law", "immigration 13 detainer" and "civil immigration warrant" shall have the same meaning as 14 defined in section 1.20 of the criminal procedure law. 15 (b) No resources of any municipal corporation shall be utilized for 16 immigration enforcement. For the purposes of this subdivision, resources 17 of a municipal corporation shall include, but not be limited to, time 18 spent by the municipal corporation's employees, officers, contractors, 19 or subcontractors while on duty and the use of any municipal corpo- 20 ration's property. 21 (c) No municipal corporation, nor any employee thereof, shall disclose 22 to immigration authorities an individual's personally identifiable 23 information, including but not limited to such person's name, social 24 security number, physical description, any associated addresses, tele- 25 phone number, financial information, medical information, or place of 26 employment or education. 27 (d) No municipal corporation, nor any employee thereof, shall ques- 28 tion, investigate, or interrogate an individual on the basis of an immi- 29 gration detainer, a civil immigration warrant, or an actual or suspected 30 violation of immigration law. 31 (e) No municipal corporation, nor any employee thereof, shall inquire 32 about a person's citizenship, immigration status, nationality, or coun- 33 try of origin, unless required by law or necessary to administer a 34 public program or benefit sought by such person. 35 (f) No municipal corporation nor any employee thereof, shall collect 36 information about a person's citizenship, immigration status, nationali- 37 ty, or country of origin, unless required by law or necessary to admin- 38 ister a public program or benefit sought by such person. 39 (g) No municipal corporation, nor any employee thereof, shall enter a 40 person's immigration status into any database maintained by any munici- 41 pal corporation unless required or necessary to administer a public 42 program or benefit sought by such person. 43 (h) No municipal corporation, nor any employee thereof, shall permit 44 non-local law enforcement agencies to access non-public areas of proper- 45 ty or facilities under the control of such municipal corporation unless 46 presented with a judicial warrant signed by a judge or independent 47 magistrate authorizing a search or seeking the arrest of an individual 48 present at the time the judicial warrant is presented. 49 (i) No municipal corporation, nor any employee thereof, shall use 50 immigration authorities as interpreters for law enforcement matters 51 relating to individuals such corporation or employees interact with as 52 part of their employment duties. 53 (j) All requests for assistance made by immigration authorities to law 54 enforcement agencies within a municipal corporation and all other commu- 55 nications between law enforcement officers within a municipal corpo- 56 ration and immigration authorities shall be recorded. Each municipal
S. 987 8 1 corporation shall issue an annual report listing the number of such 2 requests or communications and stating the content and outcome of each 3 request or communication, which shall be promptly delivered to the 4 office of the attorney general and which shall be a public record. 5 (k) This section shall not prohibit municipal employees from sending 6 or receiving information regarding an individual's citizenship or immi- 7 gration status to or from any local, state, or federal agency. 8 (l) The provisions of this article shall not prohibit municipal corpo- 9 rations or their employees from complying with valid court orders or 10 judicial warrants issued by an independent judge appointed pursuant to 11 Article III of the United States constitution or federal magistrate 12 judge appointed pursuant to 28 USC § 631, or from complying with valid 13 writs of habeas corpus ad prosequendum or habeas corpus ad testificandum 14 issued by a state court with the authority to do so pursuant to sections 15 580.30 and 650.30 of the criminal procedure law upon application by a 16 district attorney. 17 (m) The provisions of this article shall apply notwithstanding any 18 other provisions of state or local law and shall not be construed to in 19 any way expand the authority of state and local employees to participate 20 in immigration enforcement. 21 § 6. Section 500-c of the correction law is amended by adding a new 22 subdivision 4-a to read as follows: 23 4-a. (a) The chief administrative officer shall not, by formal agree- 24 ment or otherwise, allow any officer or employee of a county correction- 25 al facility to be subject to the direction or supervision of immigration 26 authorities, as defined in section 1.20 of the criminal procedure law. 27 (b) The chief administrative officer shall ensure that no officer or 28 employee of a county correctional facility spends time while on duty or 29 uses correctional facility resources for immigration enforcement, as 30 defined in section 1.20 of the criminal procedure law. 31 (c) All requests for assistance made by immigration authorities to 32 county jails or their officers acting in the course of their duties and 33 all other communications between corrections personnel and immigration 34 authorities shall be recorded. The chief administrative officer shall 35 produce an annual report listing all such requests and communications 36 and stating the content and outcome of request or communication, which 37 shall be promptly delivered to the office of the attorney general and 38 which shall be a public record. 39 § 7. Section 147 of the correction law is REPEALED. 40 § 8. Section 500-f of the correction law is REPEALED. 41 § 9. Section 621 of the correction law is amended by adding a new 42 subdivision 3 to read as follows: 43 3. This section shall not be construed to permit any law enforcement 44 officer or agency of this state or its subdivisions to participate in or 45 assist with immigration enforcement, as defined in section 1.20 of the 46 criminal procedure law. All law enforcement officers or agencies 47 furnishing information to agencies of other jurisdictions shall obtain 48 from the recipient agency a certification that such information will not 49 be used for immigration enforcement. 50 § 10. The executive law is amended by adding a new section 63-e to 51 read as follows: 52 § 63-e. Immigration status reports and databases. 1. The office of the 53 attorney general shall review all reports provided to it pursuant to 54 article fifteen-AA of this chapter, article nineteen-C of the general 55 municipal law, and article twenty of the correction law and shall 56 prepare an annual summary of such reports, which shall also identify any
S. 987 9 1 alleged omissions or discrepancies in the reported information and any 2 information that may indicate a violation of state law. Such summary 3 shall be a public record. 4 2. The attorney general shall establish a system to solicit and 5 receive complaints from the public about improper use of resources by 6 state or local entities or employees for immigration enforcement and 7 improper sharing of information by state or local entities or employees 8 with immigration authorities. The attorney general shall investigate all 9 such complaints to determine whether a violation of state law occurred, 10 and may bring civil actions against state or local entities or employees 11 acting in their official capacity in the name of the people of the state 12 of New York to obtain appropriate equitable or declaratory relief if the 13 attorney general determines that a violation of state law occurred. 14 3. For any databases operated by state and local law enforcement agen- 15 cies, including databases maintained for the agency by private vendors, 16 the attorney general shall, by the first of January following the effec- 17 tive date of this section, in consultation with appropriate stakehold- 18 ers, publish guidance, audit criteria, and training recommendations 19 aimed at ensuring that such databases are governed in a manner that 20 limits the availability of information contained therein, to the fullest 21 extent practicable and consistent with federal and state law, to anyone 22 or any entity for the purpose of immigration enforcement. All state and 23 local law enforcement agencies are encouraged to adopt necessary changes 24 to database governance policies consistent with such guidance. 25 § 11. This act shall take effect immediately; provided, however, that 26 the amendments to section 500-c of the correction law made by section 27 six of this act shall not affect the repeal of such section and shall be 28 deemed repealed therewith.