Senate Bill S1865

2011-2012 Legislative Session

Prohibits law enforcement agencies or officers from inquiring about immigration status

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S1865 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add ยง844, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8209
2013-2014: S1748
2015-2016: S3714

2011-S1865 (ACTIVE) - Summary

Prohibits law enforcement agencies or officers from inquiring about immigration status unless a person is booked into a detention facility or the immigration status of a person is pertinent to the criminal investigation.

2011-S1865 (ACTIVE) - Sponsor Memo

2011-S1865 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1865

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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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