S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10263
 
                           I N  A S S E M B L Y
 
                              March 27, 2018
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to  enacting  the  New
   York religious freedom act
 
   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 religious freedom act".
   § 2. Legislative intent. The Legislature finds and declares all of the
 following:
   (a) In New York, we celebrate the rich cultural heritage and diversity
 of our residents.
   (b)  Freedom  of religion and protection from persecution are founding
 ideals of our nation.
   (c) New York must uphold the protection of religious freedom enshrined
 in the United States Constitution for all of its people, and  the  state
 has  a  moral  obligation  to protect its citizens from religious perse-
 cution.
   (d) Section 3 of Article I of the New York state Constitution  guaran-
 tees  the free exercise and enjoyment of religion without discrimination
 or preference.
   § 3. The civil rights law is amended by adding a  new  section  16  to
 read as follows:
   §  16.  NEW  YORK  RELIGIOUS FREEDOM ACT. 1. NOTWITHSTANDING ANY OTHER
 LAW, A STATE OR LOCAL AGENCY OR PUBLIC EMPLOYEE ACTING  UNDER  COLOR  OF
 LAW SHALL NOT:
   (A)  PROVIDE  OR DISCLOSE TO FEDERAL GOVERNMENT AUTHORITIES PERSONALLY
 IDENTIFIABLE INFORMATION REGARDING THE RELIGIOUS BELIEFS, PRACTICES,  OR
 AFFILIATION  OF  ANY  INDIVIDUAL  FOR  THE  PURPOSE OF COMPILING A LIST,
 REGISTRY, OR DATABASE OF INDIVIDUALS  BASED  ON  RELIGIOUS  AFFILIATION,
 NATIONAL ORIGIN, OR ETHNICITY.
   (B) USE AGENCY MONEY, FACILITIES, PROPERTY, EQUIPMENT, OR PERSONNEL TO
 ASSIST  IN  CREATION,  IMPLEMENTATION,  OR ENFORCEMENT OF ANY GOVERNMENT
 PROGRAM COMPILING A LIST, REGISTRY, OR DATABASE OF PERSONALLY  IDENTIFI-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09761-02-7

 A. 10263                            2
 
 ABLE  INFORMATION ABOUT INDIVIDUALS BASED ON RELIGIOUS BELIEF, PRACTICE,
 OR AFFILIATION, OR NATIONAL ORIGIN OR ETHNICITY, FOR LAW ENFORCEMENT  OR
 IMMIGRATION PURPOSES.
   (C)  MAKE  PERSONALLY  IDENTIFIABLE  INFORMATION FROM AGENCY DATABASES
 AVAILABLE,  INCLUDING  ANY  DATABASES  MAINTAINED  BY  PRIVATE   VENDORS
 CONTRACTING  WITH THE AGENCY, TO ANYONE OR ANY ENTITY FOR THE PURPOSE OF
 INVESTIGATION OR ENFORCEMENT UNDER ANY GOVERNMENT  PROGRAM  COMPILING  A
 LIST,  REGISTRY,  OR  DATABASE OF INDIVIDUALS BASED ON RELIGIOUS BELIEF,
 PRACTICE, OR AFFILIATION,  OR  NATIONAL  ORIGIN  OR  ETHNICITY  FOR  LAW
 ENFORCEMENT OR IMMIGRATION PURPOSES.
   2.  NOTWITHSTANDING  ANY  OTHER  LAW,  STATE AND LOCAL LAW ENFORCEMENT
 AGENCIES SHALL NOT:
   (A) COLLECT INFORMATION ON THE RELIGIOUS BELIEF, PRACTICE,  OR  AFFIL-
 IATION OF ANY INDIVIDUAL EXCEPT: (1) AS PART OF A TARGETED INVESTIGATION
 OF  AN INDIVIDUAL BASED ON REASONABLE SUSPICION TO BELIEVE THAT INDIVID-
 UAL HAS ENGAGED IN CRIMINAL ACTIVITY, AND WHEN THERE IS  A  CLEAR  NEXUS
 BETWEEN  THE  CRIMINAL  ACTIVITY  AND THE SPECIFIC INFORMATION COLLECTED
 ABOUT RELIGIOUS BELIEF, PRACTICE, OR AFFILIATION; OR (2) WHERE NECESSARY
 TO PROVIDE RELIGIOUS ACCOMMODATIONS.
   (B) USE AGENCY MONEY, FACILITIES, PROPERTY, EQUIPMENT, OR PERSONNEL TO
 INVESTIGATE, ENFORCE, OR ASSIST IN THE INVESTIGATION OR  ENFORCEMENT  OF
 ANY  CRIMINAL,  CIVIL,  OR  ADMINISTRATIVE  VIOLATION,  OR WARRANT FOR A
 VIOLATION, OF ANY REQUIREMENT THAT INDIVIDUALS REGISTER WITH THE FEDERAL
 GOVERNMENT OR ANY FEDERAL AGENCY BASED ON RELIGION, NATIONAL ORIGIN,  OR
 ETHNICITY.
   3.  ANY  AGREEMENTS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS SECTION
 THAT MAKE ANY AGENCY OR DEPARTMENT INFORMATION OR DATABASE AVAILABLE  IN
 CONFLICT  WITH  THE TERMS OF THIS SECTION ARE TERMINATED ON THAT DATE TO
 THE EXTENT OF THE CONFLICT.
   4. NOTHING IN THIS SECTION PROHIBITS ANY STATE OR  LOCAL  AGENCY  FROM
 SENDING  TO,  OR  RECEIVING  FROM,  ANY LOCAL, STATE, OR FEDERAL AGENCY,
 INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS.
 "INFORMATION  REGARDING  AN  INDIVIDUAL'S  CITIZENSHIP  OR   IMMIGRATION
 STATUS,  LAWFUL  OR  UNLAWFUL"  FOR  PURPOSES  OF THIS SECTION, SHALL BE
 INTERPRETED CONSISTENT WITH SECTIONS 1373 AND 1644 OF  TITLE  8  OF  THE
 UNITED STATES CODE.
   5.  NOTHING  IN THIS SECTION IS INTENDED TO PREVENT ANY STATE OR LOCAL
 AGENCY FROM COMPILING AGGREGATE NON-PERSONALLY IDENTIFIABLE  INFORMATION
 ABOUT  RELIGIOUS  BELIEF,  PRACTICE,  OR AFFILIATION, NATIONAL ORIGIN OR
 ETHNICITY OR FROM EXCHANGING IT WITH  OTHER  LOCAL,  STATE,  OR  FEDERAL
 AGENCIES.
   § 4. This act shall take effect immediately.