New York Senate Bill S05930 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5930 2025-2026 Regular Sessions  IN SENATE March 4, 2025 ___________ Introduced by Sen. MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to requiring the arraignment of undocumented citizens who have committed certain crimes to occur within twenty-four hours and to determine at such arraignment whether such undocumented citizen shall be placed in the custody of federal immigration authorities or remain in the custody of the state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 170.10 of the criminal procedure law is amended by 2 adding a new subdivision 8-b to read as follows: 3 8-b. Where an information, a simplified information, a prosecutor's 4 information, a misdemeanor complaint, a felony complaint or an indict- 5 ment charges any crime set forth in title H of part three of the penal 6 law, and the defendant is an undocumented citizen, the arraignment hear- 7 ing shall occur within twenty-four hours. Such arraignment hearing shall 8 include, in addition to any other requirements set forth in this 9 section, a determination of whether the defendant shall be remanded to 10 the custody of federal immigration authorities or remain in the custody 11 of the state. 12 § 2. This act shall take effect on the thirtieth day after it shall 13 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09754-01-5