Assembly Bill A1247

2017-2018 Legislative Session

Prohibits law enforcement agencies or officers from inquiring about immigration status

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2017-A1247 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §844, Exec L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7228
2015-2016: A6382
2019-2020: A5325

2017-A1247 (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.

2017-A1247 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1247
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Codes
 
 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:
   § 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.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01163-01-7

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