S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3049
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2017
                                ___________
 
 Introduced  by M. of A. MOYA, HEASTIE, CRESPO, SOLAGES, LENTOL, FARRELL,
   RIVERA, ARROYO, BARRON, BICHOTTE, BLAKE,  COOK,  CAHILL,  JEAN-PIERRE,
   JOYNER,  DE LA ROSA,  DICKENS, HARRIS, HOOPER, HYNDMAN, MOSLEY, ORTIZ,
   PEOPLES-STOKES, PERRY,  NIOU,  PICHARDO,  OTIS,  PRETLOW,  RICHARDSON,
   RODRIGUEZ,  ROZIC, RAMOS, AUBRY, KIM, DAVILA, SEPULVEDA, TITUS -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the executive law and the judiciary law, in relation  to
   access to services, law enforcement and counsel in certain immigration
   related  matters;  and  to  amend  the  judiciary  law, in relation to
   compensation of legal counsel for certain matters
 
   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 article 15-AA
 to read as follows:
                               ARTICLE 15-AA
   ACCESS TO SERVICES AND LAW ENFORCEMENT IN CERTAIN IMMIGRATION RELATED
                                  MATTERS
 SECTION 319.    DEFINITIONS.
         319-A.  ACCESS TO SERVICES, ASSISTANCE AND ELIGIBLE BENEFITS.
         319-B.  FEDERAL  AGENCIES  TO  INVESTIGATE  AND  ENFORCE FEDERAL
                   IMMIGRATION LAWS.
         319-C.  CONFIDENTIALITY OF INFORMATION.
         319-D.  CUSTODY OF CERTAIN PERSONS: BAIL AND  RELATED  PRE-TRIAL
                   ISSUES.
         319-E.  CIVIL IMMIGRATION WARRANTS.
         319-F.  LIMITATION ON USE OF CERTAIN FACILITIES.
         319-G.  LEGAL REPRESENTATION.
         319-H.  PROHIBITION ON CERTAIN DATABASES AND REGISTRIES.
 §  319.  DEFINITIONS.  FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 AND PHRASES SHALL BE DEFINED AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09294-02-7
              

 A. 3049                             2
 
   1. "AGENCY" SHALL MEAN  ANY  STATE  OR  MUNICIPAL  DEPARTMENT,  BOARD,
 BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
 RATION,  COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OR ANY  ONE  OR  MORE
 MUNICIPALITIES THEREOF.
   2.  "AGENT"  SHALL  MEAN  ANY OFFICER, OFFICIAL, EMPLOYEE OR VOLUNTEER
 WORKING FOR, EMPLOYED BY OR PROVIDING ASSISTANCE TO AN AGENCY.
   3. "CIVIL IMMIGRATION WARRANT" SHALL MEAN  AN  ADMINISTRATIVE  REQUEST
 FOR DETENTION ISSUED PURSUANT TO 8 C.F.R. § 287.7 OR ANY SIMILAR REQUEST
 ISSUED BY AN AGENCY OR AGENT OF THE UNITED STATES FOR THE DETENTION OF A
 PERSON SUSPECTED OF VIOLATING THE IMMIGRATION LAW OF THE UNITED STATES.
   4. "FEDERAL IMMIGRATION AUTHORITY" SHALL MEAN ANY OFFICER, EMPLOYEE OR
 PERSON  OTHERWISE  PAID  BY  OR  ACTING AS AN AGENT OF THE UNITED STATES
 IMMIGRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION THEREOF OR ANY OTHER
 OFFICER, EMPLOYEE OR PERSON OTHERWISE PAID BY OR ACTING AS AN  AGENT  OF
 THE  UNITED  STATES DEPARTMENT OF HOMELAND SECURITY OR ANY OTHER FEDERAL
 ENTITY WHO IS CHARGED WITH ENFORCEMENT OF THE PROVISIONS OF ANY  FEDERAL
 IMMIGRATION LAW.
   5. "HEALTH CARE PROVIDER" SHALL MEAN A HEALTH CARE PROVIDER AS DEFINED
 IN  SUBDIVISION  SIX  OF  SECTION TWO HUNDRED THIRTY-EIGHT OF THE PUBLIC
 HEALTH LAW.
   6. "IMMIGRATION STATUS" OR "IMMIGRATION STATUS INFORMATION" SHALL MEAN
 IMMIGRATION STATUS, LAWFUL OR UNLAWFUL, OF AN INDIVIDUAL UNDER THE  LAWS
 AND REGULATIONS OF THE UNITED STATES OF AMERICA.
   7. "JUDICIAL WARRANT" SHALL MEAN A WARRANT BASED ON PROBABLE CAUSE AND
 ISSUED BY A JUDGE SERVING PURSUANT TO ARTICLE THREE OF THE UNITED STATES
 CONSTITUTION OR A FEDERAL MAGISTRATE JUDGE SERVING BY APPOINTMENT PURSU-
 ANT TO 28 U.S.C.  § 631, THAT AUTHORIZES A FEDERAL IMMIGRATION AUTHORITY
 TO TAKE INTO CUSTODY A PERSON WHO IS THE SUBJECT OF SUCH WARRANT.
   8. "LAW ENFORCEMENT AGENCY" SHALL MEAN ANY AGENCY THAT IS EMPOWERED BY
 LAW  TO  CONDUCT  AN  INVESTIGATION  OR  MAKE  AN  ARREST FOR A CRIME OR
 OFFENSE, OR ANY AGENCY THAT IS AUTHORIZED BY LAW TO PROSECUTE OR PARTIC-
 IPATE IN THE PROSECUTION OF A CRIME OR OFFENSE, OR ANY AGENCY AUTHORIZED
 BY LAW TO JAIL, DETAIN OR IMPRISON A PERSON UNDER COLOR OF LAW,  OR  ANY
 AGENCY EMPLOYING A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR
 OF  SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE LAW OR PEACE OFFICER, AS
 DEFINED IN SUBDIVISION THIRTY-THREE OF  SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE LAW.
   9. "TERRORIST SCREENING DATABASE" SHALL MEAN THE UNITED STATES TERROR-
 IST  WATCH  LIST DATABASE LAWFULLY MAINTAINED BY THE TERRORIST SCREENING
 CENTER OF THE GOVERNMENT OF THE UNITED STATES.
   § 319-A. ACCESS TO SERVICES, ASSISTANCE AND ELIGIBLE BENEFITS.  1.  NO
 STATE  OR  LOCAL  AGENCY,  OR AGENT THEREOF, OR HEALTH CARE PROVIDER MAY
 MAKE ANY INQUIRY OR RECORD ANY INFORMATION  CONCERNING  THE  IMMIGRATION
 STATUS  OF  A PERSON WHO IS SEEKING ASSISTANCE, SERVICES OR BENEFITS FOR
 HIMSELF, HERSELF, OR A FAMILY OR HOUSEHOLD MEMBER AS DEFINED IN SUBDIVI-
 SION TWO OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW
 OR FOR ANY OTHER POTENTIAL BENEFICIARY OF SUCH ASSISTANCE,  SERVICES  OR
 BENEFITS.
   2.  NO  STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL
 MAKE ANY INQUIRY OR RECORD ANY INFORMATION  CONCERNING  THE  IMMIGRATION
 STATUS OF A PERSON WHO CONTACTS, APPROACHES OR ASKS FOR OR IS IN NEED OF
 THE ASSISTANCE OF A LAW ENFORCEMENT AGENCY.
   3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, LIMITED INQUIRY AND RECORDING OF  SUCH  INFORMATION  CONCERNING
 THE  RELEVANT PERSON MAY BE MADE WHEN, AS DOCUMENTED WITH SPECIFICITY IN

 A. 3049                             3
 
 SUCH AGENCY, EMPLOYEE OR AGENT'S OR HEALTH CARE PROVIDER'S  CASE  RECORD
 OF THE MATTER, SUCH PERSON'S IMMIGRATION STATUS IS:
   (A)  DIRECTLY  RELEVANT AS A LAWFUL CRITERION FOR SUCH PERSON'S ELIGI-
 BILITY FOR THE SPECIFIC MODE OF ASSISTANCE, SERVICES OR BENEFITS SOUGHT;
   (B) DIRECTLY AND HIGHLY RELEVANT TO THE SUBJECT MATTER OF A  SPECIFIC,
 ONGOING  LAW ENFORCEMENT INVESTIGATION ENGAGED IN BY SUCH STATE OR LOCAL
 LAW ENFORCEMENT AGENCY OR AGENT THEREOF;
   (C) SPECIFICALLY REQUIRED TO BE OBTAINED BY SUCH AGENCY OR AGENT THER-
 EOF, OR HEALTH CARE PROVIDER, BY STATE OR FEDERAL LAW;
   (D) REQUESTED BY A HEALTH CARE PROVIDER FOR THE BENEFIT OF THE PERSON,
 INCLUDING BUT NOT LIMITED TO THE REFERRAL OF SUCH PERSON TO BENEFITS AND
 SERVICES THEY MAY BE ELIGIBLE FOR, PROVIDED THAT THE IMMIGRATION  STATUS
 OF  SUCH  PERSON SHALL NOT BE DOCUMENTED IN ANY MEDICAL RECORD AND SHALL
 NOT BE DISCLOSED FOR ANY PURPOSE; OR
   (E) REQUESTED FOR THE BENEFIT OF THE PERSON  BY  THE  OFFICE  FOR  NEW
 AMERICANS ESTABLISHED PURSUANT TO SECTION NINETY-FOUR-B OF THIS CHAPTER,
 THE  BUREAU  OF  REFUGEE AND IMMIGRATION ASSISTANCE WITHIN THE OFFICE OF
 TEMPORARY AND DISABILITY ASSISTANCE, OR ANY OTHER SIMILAR AGENCY THAT IS
 ASSISTING SUCH PERSON IN MATTERS RELATED TO  SUCH  PERSON'S  IMMIGRATION
 STATUS,  PROVIDED  THAT THE STATUS OF SUCH PERSON SHALL NOT BE DISCLOSED
 FOR ANY PURPOSE.
   4. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF  INTERPRETATION
 OR  TRANSLATION  SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON NOT PROFI-
 CIENT IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO  THIS
 SECTION  SHALL  BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL AND QUALIFIED
 INTERPRETER OR TRANSLATOR, AS THE CASE MAY  BE,  WITH  RESPECT  TO  SUCH
 INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH PERSON.
   §  319-B.  FEDERAL  AGENCIES  TO INVESTIGATE AND ENFORCE FEDERAL IMMI-
 GRATION LAWS. 1. NO STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY,  OR  AGENT
 THEREOF,  SHALL  STOP,  QUESTION,  INTERROGATE, INVESTIGATE OR ARREST AN
 INDIVIDUAL FOR ANY OF THE FOLLOWING:
   (A)  SUSPECTED  UNITED  STATES  IMMIGRATION  OR   CITIZENSHIP   STATUS
 VIOLATION;
   (B)  SUSPECTED CIVIL VIOLATION OF THE UNITED STATES IMMIGRATION LAW OR
 AUTHORIZED REGULATIONS; OR
   (C) A CIVIL IMMIGRATION WARRANT.
   2. NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, NOR AGENT THEREOF,  SHALL
 MAKE  ANY  INQUIRY  OR RECORD ANY INFORMATION CONCERNING THE IMMIGRATION
 STATUS OF AN INDIVIDUAL WHO CONTACTS, APPROACHES OR ASKS FOR  OR  IS  IN
 NEED OF THE ASSISTANCE OF A LAW ENFORCEMENT AGENCY, EXCEPT TO THE EXTENT
 NECESSARY AND AUTHORIZED PURSUANT TO THIS ARTICLE.
   3.  NO  STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL
 PERFORM THE FUNCTION OF OR BE CROSS-DESIGNATED AS A FEDERAL  IMMIGRATION
 OFFICER  OR  OTHERWISE ENGAGE OR SIGNIFICANTLY ASSIST IN THE ENFORCEMENT
 OF FEDERAL IMMIGRATION LAW, PURSUANT TO 8 U.S.C. § 1357 (G) OR ANY OTHER
 FEDERAL LAW. NOTHING IN THIS SUBDIVISION SHALL PREVENT  DETENTION  OF  A
 PERSON  IN  ACCORDANCE WITH AND TO THE EXTENT PERMITTED BY SECTION THREE
 HUNDRED NINETEEN-E OF THIS ARTICLE.
   4. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF  INTERPRETATION
 OR  TRANSLATION  SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON NOT PROFI-
 CIENT IN THE ENGLISH LANGUAGE, TO  WHOM  INQUIRY  IS  MADE  PURSUANT  TO
 SUBDIVISION  ONE OR TWO OF THIS SECTION SHALL BE ENTITLED TO THE ASSIST-
 ANCE OF A NEUTRAL AND QUALIFIED INTERPRETER OR TRANSLATOR, AS  THE  CASE
 MAY  BE, WITH RESPECT TO SUCH INQUIRY, PROVIDED AT NO COST OR EXPENSE TO
 SUCH PERSON.

 A. 3049                             4
 
   § 319-C. CONFIDENTIALITY OF INFORMATION. UNLESS DISCLOSURE IS REQUIRED
 BY A LAWFUL COURT ORDER, NO STATE OR LOCAL AGENCY, OR EMPLOYEE OR  AGENT
 THEREOF, OR HEALTH CARE PROVIDER OR STATE OR LOCAL LAW ENFORCEMENT AGEN-
 CY,  OR  AGENT THEREOF, SHALL PROVIDE TO A FEDERAL IMMIGRATION AUTHORITY
 ANY  INFORMATION  COLLECTED  OR  OBTAINED  WITH  RESPECT  TO A PERSON IN
 ACCORDANCE WITH THIS ARTICLE OR OTHERWISE, INCLUDING BUT NOT LIMITED  TO
 HOME, WORK OR SCHOOL ADDRESS, EXCEPT THAT:
   1.  IMMIGRATION  STATUS  INFORMATION SHALL BE PROVIDED IF REQUESTED BY
 SUCH FEDERAL IMMIGRATION AUTHORITY AND REQUIRED TO BE PROVIDED TO IT  IN
 ACCORDANCE WITH 8 U.S.C. 1373 OR ANOTHER CONTROLLING FEDERAL LAW;
   2. THE DIVISION OF CRIMINAL JUSTICE SERVICES OR A QUALIFIED AGENCY, AS
 DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS
 CHAPTER,  MAY  PROVIDE CRIMINAL HISTORY INFORMATION, AS DEFINED IN PARA-
 GRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  FORTY-FIVE-B  OF
 THIS  CHAPTER,  WHEN LAWFULLY REQUESTED ABOUT A SPECIFIC PERSON AND SUCH
 DISCLOSURE IS PERMITTED BY STATE LAW;
   3. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS  SECTION,  A  HEALTH
 CARE  PROVIDER  MAY  PROVIDE  TO A FEDERAL IMMIGRATION AUTHORITY MEDICAL
 RECORD INFORMATION, NOT INCLUDING IMMIGRATION STATUS  INFORMATION,  WITH
 THE  CONSENT OF THE SUBJECT OF SUCH MEDICAL RECORD INFORMATION, PROVIDED
 IN ACCORDANCE WITH THE PUBLIC HEALTH LAW; AND
   4. A STATE OR LOCAL AGENCY, OR EMPLOYEE OR AGENT  THEREOF,  OR  HEALTH
 CARE  PROVIDER OR STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THERE-
 OF, MAY PROVIDE SUCH INFORMATION, OTHER THAN THE  INFORMATION  DESCRIBED
 IN  SUBDIVISION ONE OF THIS SECTION, CONCERNING AN INDIVIDUAL, INCLUDING
 BUT NOT LIMITED TO PHYSICAL  OR  PSYCHOLOGICAL  DISABILITY  INFORMATION,
 STATUS  AS  A  VICTIM OF OR WITNESS TO SUSPECTED CRIMINAL ACTIVITY, HOME
 ADDRESS, WORK ADDRESS, AND/OR STATUS AS AN  APPLICANT  OR  RECIPIENT  OF
 PUBLIC  ASSISTANCE, ONLY WITH INFORMED WRITTEN CONSENT OF THE INDIVIDUAL
 AND, IF REPRESENTED BY COUNSEL, WRITTEN AUTHORIZATION BY SUCH ATTORNEY.
   § 319-D. CUSTODY  OF  CERTAIN  PERSONS:  BAIL  AND  RELATED  PRE-TRIAL
 ISSUES.  1.    EXCEPT AS PROVIDED IN SECTION THREE HUNDRED NINETEEN-E OF
 THIS ARTICLE, NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT  THERE-
 OF,  OR COURT SHALL DELAY OR DENY RELEASE OF A PERSON ON RECOGNIZANCE OR
 BAIL, PURSUANT TO ARTICLE FIVE HUNDRED THIRTY OF THE CRIMINAL  PROCEDURE
 LAW  OR  OTHERWISE,  ON  THE BASIS OF THE PERSON'S IMMIGRATION STATUS, A
 CIVIL IMMIGRATION WARRANT, OR A FEDERAL IMMIGRATION AUTHORITY'S  REQUEST
 FOR  NOTIFICATION  ABOUT,  TRANSFER  OF,  DETENTION  OF, OR INTERVIEW OR
 INTERROGATION OF SUCH PERSON.
   2. UPON RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY OF A CIVIL  IMMI-
 GRATION  WARRANT,  OR  A  REQUEST FOR TRANSFER, NOTIFICATION, INTERVIEW,
 INTERROGATION OR OTHER REQUEST, A STATE OR LOCAL LAW ENFORCEMENT AGENCY,
 OR AGENT THEREOF, SHALL PROMPTLY NOTIFY THE PERSON WHO IS THE SUBJECT OF
 SUCH WARRANT OR REQUEST, PROVIDE A COPY OF SUCH WARRANT  OR  REQUEST  TO
 SUCH  PERSON, AS THE CASE MAY BE, AND INFORM SUCH PERSON OF THE RIGHT TO
 COUNSEL PROVISIONS OF SECTION THREE HUNDRED NINETEEN-G OF THIS  ARTICLE,
 AND,  INFORM  SUCH  PERSON,  REASONABLY  IN ADVANCE OF RESPONDING TO THE
 FEDERAL IMMIGRATION AUTHORITY, AS TO WHETHER OR NOT SUCH AGENCY  INTENDS
 TO COMPLY WITH SUCH WARRANT OR REQUEST.
   3. A PERSON IN THE CUSTODY OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY,
 OR  AGENT  THEREOF,  SHALL  BE  SUBJECT TO BOOKING, PROCESSING, RIGHT TO
 COUNSEL, RELEASE AND TRANSFER PROCEDURES, POLICIES AND PRACTICES OF THAT
 AGENCY THAT ARE AT LEAST AS PROTECTIVE OF  INDIVIDUAL  RIGHTS  AS  OTHER
 PERSONS  IN  SUCH AGENCY'S CUSTODY, REGARDLESS OF THE PERSON'S ACTUAL OR
 SUSPECTED IMMIGRATION STATUS.

 A. 3049                             5
 
   § 319-E. CIVIL IMMIGRATION WARRANTS. 1. A STATE OR LOCAL LAW  ENFORCE-
 MENT AGENCY, OR AGENT THEREOF, LAWFULLY HOLDING A PERSON IN ITS CUSTODY,
 MAY  THEREAFTER  DETAIN SUCH PERSON SOLELY ON THE BASIS OF A CIVIL IMMI-
 GRATION WARRANT, FOR A SINGLE PERIOD  NOT  EXCEEDING  FORTY-EIGHT  HOURS
 EXCLUDING  WEEKENDS AND HOLIDAYS, BEYOND THE TIME WHEN SUCH PERSON WOULD
 OTHERWISE HAVE BEEN RELEASED FROM SUCH AGENCY'S CUSTODY, ONLY IF:
   (A) AN AUTHORIZED FEDERAL IMMIGRATION AGENCY PRESENTS  SUCH  STATE  OR
 LOCAL  LAW  ENFORCEMENT AGENCY WITH A JUDICIAL WARRANT FOR THE DETENTION
 OF THE PERSON WHO IS THE SUBJECT OF SUCH CIVIL  IMMIGRATION  WARRANT  AT
 THE TIME SUCH CIVIL IMMIGRATION WARRANT IS PRESENTED; OR
   (B)  NOTICE  HAS  BEEN RECEIVED FROM A COURT OR ANY OTHER GOVERNMENTAL
 ENTITY, DOCUMENTING THAT THERE IS PROBABLE CAUSE TO BELIEVE  THE  PERSON
 ILLEGALLY REENTERED THE UNITED STATES AFTER A PREVIOUS REMOVAL OR RETURN
 AS  DEFINED  IN  8 U.S.C.   § 1326, AND THE PERSON STANDS CONVICTED OF A
 VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF
 THE PENAL LAW, OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW,  OR
 AN  OFFENSE  IN  ANY  OTHER  JURISDICTION  THAT  HAS  THE SAME ESSENTIAL
 ELEMENTS OF ANY SUCH VIOLENT FELONY OR CLASS A OFFENSE; OR
   (C) SUCH PERSON IS IDENTIFIED BY SUCH STATE OR LOCAL  LAW  ENFORCEMENT
 AGENCY AS A LIKELY MATCH WITH A PERSON LISTED IN THE TERRORIST SCREENING
 DATABASE.
   2. EXCEPT TO THE EXTENT THAT DISCLOSURE IS REQUIRED BY FEDERAL LAW, NO
 STATE  OR  LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL PROVIDE
 TO A FEDERAL IMMIGRATION AUTHORITY, OR ANOTHER AGENCY, ENTITY OR  PERSON
 ON  BEHALF  OF A FEDERAL IMMIGRATION AUTHORITY, ANY INFORMATION OBTAINED
 CONCERNING A PERSON WHO IS IN OR FORMERLY WAS IN  THE  CUSTODY  OF  SUCH
 STATE  OR  LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, INCLUDING BUT
 NOT LIMITED TO THE PERSON'S  RELEASE  DATE,  COURT  APPEARANCE  DATE  OR
 DATES, HOME, WORK OR SCHOOL ADDRESS.
   3.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY AUTHORITY
 ON AN ENTITY TO DETAIN A PERSON BASED ON  A  CIVIL  IMMIGRATION  WARRANT
 BEYOND  THE AUTHORITY, IF ANY, TO DO SO THAT EXISTED PRIOR TO THE ENACT-
 MENT OF THIS SECTION.
   4. THIS SECTION SHALL SUPERSEDE ANY CONFLICTING POLICY,  RULE,  PROCE-
 DURE  AND PRACTICE WITHIN THE STATE OF NEW YORK. NOTHING IN THIS SECTION
 SHALL BE CONSTRUED TO PROHIBIT ANY ENTITY FROM COOPERATING WITH A FEDER-
 AL IMMIGRATION AUTHORITY TO THE EXTENT REQUIRED BY FEDERAL LAW.  NOTHING
 IN  THIS  SECTION  SHALL  BE  INTERPRETED OR APPLIED SO AS TO CREATE ANY
 POWER, DUTY OR OBLIGATION IN CONFLICT WITH ANY FEDERAL LAW.
   § 319-F. LIMITATION ON USE OF CERTAIN FACILITIES. 1. NO STATE OR LOCAL
 LAW ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL PROVIDE A FEDERAL  IMMI-
 GRATION  AGENCY,  OR AGENT THEREOF, WITH ACCESS TO AN INDIVIDUAL IN SUCH
 LAW ENFORCEMENT AGENCY'S CUSTODY OR CONTROL.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  PERSON  IN THE CUSTODY OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY
 REQUEST TO BE INTERVIEWED BY A FEDERAL  LAW  ENFORCEMENT  AGENCY  OR  AN
 AGENT  THEREOF  ONLY  WITH  KNOWING AND VOLUNTARY WRITTEN CONSENT OF THE
 INDIVIDUAL AND, IF REPRESENTED BY COUNSEL, WRITTEN AUTHORIZATION BY SUCH
 COUNSEL, PROVIDED THAT IF SUCH INDIVIDUAL  IS  NOT  REPRESENTED  AND  IS
 ENTITLED  TO  COUNSEL  ASSIGNED  PURSUANT TO SECTION THREE HUNDRED NINE-
 TEEN-G OF THIS ARTICLE OR ARTICLE EIGHTEEN-B OF THE COUNTY  LAW,  HE  OR
 SHE  SHALL  BE NOTIFIED OF SUCH RIGHT AND PROVIDED A REASONABLE OPPORTU-
 NITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
   3. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF  INTERPRETATION
 OR  TRANSLATION  SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON NOT PROFI-
 CIENT IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO  THIS

 A. 3049                             6
 
 SECTION  SHALL  BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL AND QUALIFIED
 INTERPRETER OR TRANSLATOR, AS THE CASE MAY  BE,  WITH  RESPECT  TO  SUCH
 INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH PERSON.
   4.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION TWO OF THIS SECTION, FEDERAL
 IMMIGRATION AUTHORITIES SHALL NOT BE PERMITTED TO USE OR  MAINTAIN,  FOR
 THE  PURPOSE  OF  INTERVIEWING ANY PERSON OR WITNESS OR INVESTIGATING OR
 ADJUDICATING ANY ALLEGED  VIOLATION  OF  FEDERAL  IMMIGRATION  LAW,  ANY
 OFFICE OR QUARTERS IN ANY BUILDING OR FACILITY OR ANY LAND OWNED, LEASED
 OR OPERATED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY.
   §  319-G.  LEGAL  REPRESENTATION. 1. A PERSON UNABLE TO AFFORD COUNSEL
 AGAINST WHOM THERE IS PROBABLE CAUSE TO COMMENCE A REMOVAL PROCEEDING OR
 AGAINST WHOM SUCH A PROCEEDING HAS BEEN COMMENCED, SHALL BE ENTITLED  TO
 REPRESENTATION  BY  ASSIGNED COUNSEL AND RELATED ASSISTANCE, PURSUANT TO
 SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY  LAW,  WHEN  THE
 PERSON:
   (A)  WAS  PRESENT  IN  THIS STATE WHEN QUESTIONED, TAKEN INTO CUSTODY,
 CHARGED, SUMMONED OR PRESENTED  WITH  THE  ALLEGATIONS  OF  THE  REMOVAL
 PROCEEDINGS,  AND THE PERSON RESIDES OR IS DETAINED IN EITHER THIS STATE
 OR AN ADJOINING STATE; OR
   (B) RESIDED  IN  THIS  STATE  WHEN  QUESTIONED,  TAKEN  INTO  CUSTODY,
 CHARGED,  SUMMONED  OR  PRESENTED  WITH  THE  ALLEGATIONS OF THE REMOVAL
 PROCEEDINGS, AND THE PERSON CONTINUES TO RESIDE  IN  THIS  STATE  OR  AN
 ADJOINING STATE, OR IF DETAINED, CONTINUES TO BE DETAINED IN EITHER THIS
 STATE OR AN ADJOINING STATE.
   2.  REPRESENTATION  AND RELATED ASSISTANCE PROVIDED IN ACCORDANCE WITH
 SUBDIVISION ONE OF THIS SECTION SHALL BE A  STATE  CHARGE,  PURSUANT  TO
 SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY LAW.
   §  319-H. PROHIBITION ON CERTAIN DATABASES AND REGISTRIES. NO STATE OR
 LOCAL LAW ENFORCEMENT AGENCY MAY USE ANY  FUNDS,  FACILITIES,  PROPERTY,
 EQUIPMENT OR PERSONNEL OF SUCH AGENCY TO INVESTIGATE, ENFORCE OR PROVIDE
 ASSISTANCE  IN  THE  INVESTIGATION OR ENFORCEMENT OF ANY FEDERAL PROGRAM
 REQUIRING REGISTRATION OF INDIVIDUALS,  OR  MAINTAINING  A  DATABASE  OF
 INDIVIDUALS,  ON  THE BASIS OF RACE, COLOR, CREED, GENDER, SEXUAL ORIEN-
 TATION, RELIGION, OR NATIONAL OR ETHNIC ORIGIN.
   § 2. The opening paragraph of paragraph a of subdivision 1 of  section
 35  of  the  judiciary  law  is designated as subparagraph (i) and a new
 subparagraph (ii) is added to read as follows:
   (II) PERSONS PROVIDING ASSIGNED  COUNSEL  AND  RELATED  ASSISTANCE  IN
 IMMIGRATION-RELATED MATTERS PURSUANT TO SECTION THREE HUNDRED NINETEEN-G
 OF  THE  EXECUTIVE  LAW  SHALL  BE  COMPENSATED  IN ACCORDANCE WITH THIS
 SECTION. IN ANY CASE WHERE A PERSON ENTITLED TO ASSIGNED  REPRESENTATION
 PURSUANT  TO  SECTION  THREE  HUNDRED  NINETEEN-G  OF  THE EXECUTIVE LAW
 PETITIONS THE CRIMINAL COURT OF THE CITY OF NEW YORK, THE  COUNTY  COURT
 OR  DISTRICT  COURT,  WITH  JURISDICTION WHERE THE PERSON IS TO BE QUES-
 TIONED OR DETAINED, OR IS DETAINED, OR WAS CHARGED IN SUCH  IMMIGRATION-
 RELATED MATTER, OR MOST RECENTLY RESIDED, THE COURT SHALL ASSIGN COUNSEL
 IN ACCORDANCE WITH THIS SECTION.
   §  3.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or other part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation to the clause, sentence, subdivision,  paragraph,  section  or
 part thereof directly involved in the controversy in which such judgment
 shall have been rendered.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3049--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2017
                                ___________
 
 Introduced  by M. of A. MOYA, HEASTIE, CRESPO, SOLAGES, LENTOL, FARRELL,
   RIVERA, ARROYO, BARRON, BICHOTTE, BLAKE,  COOK,  CAHILL,  JEAN-PIERRE,
   JOYNER,  DE LA ROSA,  DICKENS, HARRIS, HOOPER, HYNDMAN, MOSLEY, ORTIZ,
   PEOPLES-STOKES, PERRY,  NIOU,  PICHARDO,  OTIS,  PRETLOW,  RICHARDSON,
   RODRIGUEZ,  ROZIC, RAMOS, AUBRY, KIM, DAVILA, SEPULVEDA, TITUS, GANTT,
   O'DONNELL, LIFTON, ABINANTI, DINOWITZ, GLICK, KAVANAGH, NOLAN,  QUART,
   SIMON,  SIMOTAS,  CARROLL,  WEPRIN  --  read  once and referred to the
   Committee on Codes -- reported and referred to the Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the executive law and the judiciary law, in relation  to
   access to services, law enforcement and counsel in certain immigration
   related  matters;  and  to  amend  the  judiciary  law, in relation to
   compensation of legal counsel for certain matters
 
   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 article 15-AA
 to read as follows:
                               ARTICLE 15-AA
   ACCESS TO SERVICES AND LAW ENFORCEMENT IN CERTAIN IMMIGRATION RELATED
                                  MATTERS
 SECTION 319.    DEFINITIONS.
         319-A.  ACCESS TO SERVICES, ASSISTANCE AND ELIGIBLE BENEFITS.
         319-B.  FEDERAL  AGENCIES  TO  INVESTIGATE  AND  ENFORCE FEDERAL
                   IMMIGRATION LAWS.
         319-C.  CONFIDENTIALITY OF INFORMATION.
         319-D.  CUSTODY OF CERTAIN PERSONS: BAIL AND  RELATED  PRE-TRIAL
                   ISSUES.
         319-E.  CIVIL IMMIGRATION DETAINERS.
         319-F.  LIMITATION ON USE OF CERTAIN FACILITIES.
         319-G.  LEGAL REPRESENTATION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09294-04-7

 A. 3049--A                          2
 
         319-H.  PROHIBITION ON CERTAIN DATABASES AND REGISTRIES.
         319-I.  EFFECT ON OTHER LAWS.
   §  319. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 AND PHRASES SHALL BE DEFINED AS FOLLOWS:
   1. "AGENCY" SHALL MEAN  ANY  STATE  OR  MUNICIPAL  DEPARTMENT,  BOARD,
 BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
 RATION,  COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL  ENTITY  PERFORMING A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OR ANY  ONE  OR  MORE
 MUNICIPALITIES THEREOF.
   2.  "AGENT"  SHALL  MEAN  ANY OFFICER, OFFICIAL, EMPLOYEE OR VOLUNTEER
 WORKING FOR, EMPLOYED BY OR PROVIDING ASSISTANCE TO AN AGENCY.
   3. "CIVIL IMMIGRATION DETAINER" SHALL MEAN AN  ADMINISTRATIVE  REQUEST
 ISSUED  PURSUANT TO 8 C.F.R. § 287.7 OR ANY SIMILAR REQUEST ISSUED BY AN
 AGENCY OR AGENT OF THE UNITED STATES  FOR  THE  DETENTION  OF  A  PERSON
 SUSPECTED OF VIOLATING THE IMMIGRATION LAW OF THE UNITED STATES.
   4.    "FAMILY  OR  HOUSEHOLD  MEMBER" SHALL MEAN A FAMILY OR HOUSEHOLD
 MEMBER, AS DEFINED IN SUBDIVISION TWO OF  SECTION  FOUR  HUNDRED  FIFTY-
 NINE-A OF THE SOCIAL SERVICES LAW.
   5.    "FEDERAL IMMIGRATION AUTHORITY" SHALL MEAN ANY OFFICER, EMPLOYEE
 OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF THE  UNITED  STATES
 IMMIGRATION AND CUSTOMS ENFORCEMENT OR ANY DIVISION THEREOF OR ANY OTHER
 OFFICER,  EMPLOYEE  OR PERSON OTHERWISE PAID BY OR ACTING AS AN AGENT OF
 THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY OR ANY  OTHER  FEDERAL
 ENTITY  WHO IS CHARGED WITH ENFORCEMENT OF THE PROVISIONS OF ANY FEDERAL
 IMMIGRATION LAW.
   6. "FEDERAL LAW" SHALL MEAN A PROVISION OF  THE  CONSTITUTION  OF  THE
 UNITED  STATES,  OR  A  STATUTE  OR  SIMILAR  PROVISION  APPROVED BY THE
 CONGRESS OF THE UNITED STATES THAT HAS BEEN ENACTED AND TAKEN EFFECT.
   7. "IMMIGRATION STATUS" OR "IMMIGRATION STATUS INFORMATION" SHALL MEAN
 IMMIGRATION STATUS, LAWFUL OR UNLAWFUL, OF AN INDIVIDUAL UNDER THE  LAWS
 AND REGULATIONS OF THE UNITED STATES OF AMERICA.
   8. "JUDICIAL WARRANT" SHALL MEAN A WARRANT BASED ON PROBABLE CAUSE AND
 ISSUED BY A JUDGE SERVING PURSUANT TO ARTICLE THREE OF THE UNITED STATES
 CONSTITUTION OR A FEDERAL MAGISTRATE JUDGE SERVING BY APPOINTMENT PURSU-
 ANT TO 28 U.S.C.  § 631, THAT AUTHORIZES A FEDERAL IMMIGRATION AUTHORITY
 TO TAKE INTO CUSTODY A PERSON WHO IS THE SUBJECT OF SUCH WARRANT.
   9. "LAW ENFORCEMENT AGENCY" SHALL MEAN ANY AGENCY THAT IS EMPOWERED BY
 LAW  TO  CONDUCT  AN  INVESTIGATION  OR  MAKE  AN  ARREST FOR A CRIME OR
 OFFENSE, OR ANY AGENCY THAT IS AUTHORIZED BY LAW TO PROSECUTE OR PARTIC-
 IPATE IN THE PROSECUTION OF A CRIME OR OFFENSE, OR ANY AGENCY AUTHORIZED
 BY LAW TO JAIL, DETAIN OR IMPRISON A PERSON UNDER COLOR OF LAW,  OR  ANY
 AGENCY EMPLOYING A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR
 OF  SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE LAW OR PEACE OFFICER, AS
 DEFINED IN SUBDIVISION THIRTY-THREE OF  SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE LAW.
   10.  "TERRORIST  SCREENING  DATABASE"  SHALL  MEAN  THE  UNITED STATES
 TERRORIST WATCH LIST  DATABASE  LAWFULLY  MAINTAINED  BY  THE  TERRORIST
 SCREENING CENTER OF THE GOVERNMENT OF THE UNITED STATES.
   §  319-A.  ACCESS  TO  SERVICES, ASSISTANCE AND ELIGIBLE BENEFITS.  1.
 EXCEPT WHERE EXPLICITLY REQUIRED BY STATE OR FEDERAL LAW FOR THE PURPOSE
 OF VERIFYING  ELIGIBILITY,  CONTINUED  ELIGIBILITY,  OR  UPON  RECERTIF-
 ICATION,  NO  STATE  OR  LOCAL  AGENCY,  OR  AGENT THEREOF, MAY MAKE ANY
 INQUIRY OR RECORD ANY INFORMATION CONCERNING THE IMMIGRATION  STATUS  OR
 PLACE OF BIRTH OF A PERSON WHO IS SEEKING PUBLIC ASSISTANCE AND CARE, AS
 SUCH  PHRASE  IS  DEFINED  IN SUBDIVISION EIGHTEEN OF SECTION TWO OF THE
 SOCIAL SERVICES LAW, OR SEEKING ANY OTHER BENEFIT, ASSISTANCE OR SERVICE

 A. 3049--A                          3
 
 FOR HIMSELF, HERSELF, OR ON BEHALF OF A FAMILY OR  HOUSEHOLD  MEMBER  OR
 ANY  OTHER  POTENTIAL BENEFICIARY. PROVIDED, FURTHER, THAT SUCH INFORMA-
 TION SHALL NOT BE USED OR DISCLOSED TO ANY STATE OR FEDERAL  AGENCY  FOR
 ANY  PURPOSE OTHER THAN VERIFYING ELIGIBILITY, CONTINUED ELIGIBILITY, OR
 UPON RECERTIFICATION.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 LIMITED  INQUIRY  OF SUCH INFORMATION CONCERNING THE RELEVANT PERSON MAY
 BE MADE WHEN SUCH INFORMATION IS REQUESTED FOR THE BENEFIT OF THE PERSON
 BY THE OFFICE FOR NEW AMERICANS ESTABLISHED PURSUANT TO SECTION  NINETY-
 FOUR-B  OF  THIS  CHAPTER  OR ANY OTHER SIMILAR AGENCY THAT IS ASSISTING
 SUCH PERSON IN MATTERS RELATED  TO  SUCH  PERSON'S  IMMIGRATION  STATUS,
 PROVIDED  THAT  THE STATUS OF SUCH PERSON SHALL NOT BE DISCLOSED FOR ANY
 PURPOSE.
   3. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF  INTERPRETATION
 OR  TRANSLATION  SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON NOT PROFI-
 CIENT IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO  THIS
 SECTION  SHALL  BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL AND QUALIFIED
 INTERPRETER OR TRANSLATOR, AS THE CASE MAY  BE,  WITH  RESPECT  TO  SUCH
 INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH PERSON.
   §  319-B.  FEDERAL  AGENCIES  TO INVESTIGATE AND ENFORCE FEDERAL IMMI-
 GRATION LAWS. 1. NO STATE OR LOCAL  LAW  ENFORCEMENT  AGENCY,  OR  AGENT
 THEREOF,  SHALL  STOP,  QUESTION,  INTERROGATE,  INVESTIGATE OR ARREST A
 PERSON FOR ANY OF THE FOLLOWING:
   (A)  SUSPECTED  UNITED  STATES  IMMIGRATION  OR   CITIZENSHIP   STATUS
 VIOLATION;
   (B)  SUSPECTED  VIOLATION  OF  THE  UNITED  STATES  IMMIGRATION LAW OR
 AUTHORIZED REGULATIONS; OR
   (C) A CIVIL IMMIGRATION DETAINER.
   2.  NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, NOR ANY  AGENT  THEREOF,
 SHALL  MAKE  ANY  INQUIRY OR RECORD ANY INFORMATION CONCERNING THE IMMI-
 GRATION STATUS OR  PLACE  OF  BIRTH  OF  A  PERSON  WHO:  (A)  CONTACTS,
 APPROACHES  OR ASKS FOR OR IS IN NEED OF ASSISTANCE OF A LAW ENFORCEMENT
 AGENCY OR (B) IS  STOPPED,  QUESTIONED,  INTERROGATED,  INVESTIGATED  OR
 ARRESTED;  EXCEPT WHERE SUCH IMMIGRATION STATUS OR PLACE OF BIRTH INFOR-
 MATION IS AN ELEMENT OF A CRIMINAL OFFENSE IN A  SPECIFIC,  ONGOING  LAW
 ENFORCEMENT INVESTIGATION ENGAGED IN BY SUCH STATE OR LOCAL LAW ENFORCE-
 MENT  AGENCY,  OR  AGENT  THEREOF, OR WHERE SUCH INQUIRY OR RECORDING OF
 SUCH INFORMATION IS OTHERWISE AUTHORIZED BY THIS ARTICLE.
   3. NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT  THEREOF,  SHALL
 PERFORM  THE FUNCTION OF OR BE CROSS-DESIGNATED AS A FEDERAL IMMIGRATION
 OFFICER OR OTHERWISE ENGAGE OR SIGNIFICANTLY ASSIST IN  THE  ENFORCEMENT
 OF FEDERAL IMMIGRATION LAW, PURSUANT TO 8 U.S.C. § 1357 (G) OR ANY OTHER
 FEDERAL  LAW,  REGULATION OR POLICY.   NOTHING IN THIS SUBDIVISION SHALL
 PREVENT DETENTION OF A PERSON IN  ACCORDANCE  WITH  AND  TO  THE  EXTENT
 PERMITTED BY SECTION THREE HUNDRED NINETEEN-E OF THIS ARTICLE.
   4.  IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
 OR TRANSLATION SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON  NOT  PROFI-
 CIENT  IN  THE  ENGLISH  LANGUAGE,  TO  WHOM INQUIRY IS MADE PURSUANT TO
 SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE ENTITLED TO THE  ASSIST-
 ANCE  OF  A NEUTRAL AND QUALIFIED INTERPRETER OR TRANSLATOR, AS THE CASE
 MAY BE, WITH RESPECT TO SUCH INQUIRY, PROVIDED AT NO COST OR EXPENSE  TO
 SUCH PERSON.
   § 319-C. CONFIDENTIALITY OF INFORMATION. UNLESS DISCLOSURE IS REQUIRED
 BY  A LAWFUL COURT ORDER, NO STATE OR LOCAL AGENCY, OR AGENT THEREOF, OR
 STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF,  SHALL  PROVIDE
 TO A FEDERAL IMMIGRATION AUTHORITY ANY INFORMATION COLLECTED OR OBTAINED

 A. 3049--A                          4

 WITH  RESPECT  TO A PERSON IN ACCORDANCE WITH THIS ARTICLE OR OTHERWISE,
 INCLUDING BUT NOT LIMITED TO HOME, WORK OR SCHOOL ADDRESS, EXCEPT THAT:
   1. PROVIDING IMMIGRATION STATUS INFORMATION SHALL NOT BE PROHIBITED IF
 REQUESTED  BY  SUCH  FEDERAL  IMMIGRATION  AUTHORITY  AND REQUIRED TO BE
 PROVIDED TO IT IN ACCORDANCE WITH 8 U.S.C. §  1373  OR  ANOTHER  FEDERAL
 LAW;
   2. THE DIVISION OF CRIMINAL JUSTICE SERVICES OR A QUALIFIED AGENCY, AS
 DEFINED IN SUBDIVISION NINE OF SECTION EIGHT HUNDRED THIRTY-FIVE OF THIS
 CHAPTER,  MAY  PROVIDE CRIMINAL HISTORY INFORMATION, AS DEFINED IN PARA-
 GRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  FORTY-FIVE-B  OF
 THIS  CHAPTER,  WHEN LAWFULLY REQUESTED ABOUT A SPECIFIC PERSON AND SUCH
 DISCLOSURE IS PERMITTED BY STATE LAW; AND
   3.  A STATE OR LOCAL AGENCY, OR AGENT THEREOF, OR STATE OR  LOCAL  LAW
 ENFORCEMENT  AGENCY,  OR  AGENT  THEREOF,  MAY PROVIDE SUCH INFORMATION,
 OTHER THAN THE INFORMATION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,
 CONCERNING A PERSON, INCLUDING BUT NOT LIMITED TO STATUS AS A VICTIM  OF
 OR  WITNESS  TO  SUSPECTED  CRIMINAL  ACTIVITY, HOME ADDRESS AND/OR WORK
 ADDRESS, ONLY WITH INFORMED  WRITTEN  CONSENT  OF  THE  PERSON  AND,  IF
 REPRESENTED BY COUNSEL, WRITTEN AUTHORIZATION BY SUCH ATTORNEY.
   §  319-D.  CUSTODY  OF  CERTAIN  PERSONS:  BAIL  AND RELATED PRE-TRIAL
 ISSUES. 1.  EXCEPT AS PROVIDED IN SECTION THREE  HUNDRED  NINETEEN-E  OF
 THIS  ARTICLE, NO STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THERE-
 OF, OR COURT SHALL DELAY OR DENY RELEASE OF A PERSON ON RECOGNIZANCE  OR
 BAIL,  PURSUANT TO ARTICLE FIVE HUNDRED THIRTY OF THE CRIMINAL PROCEDURE
 LAW OR OTHERWISE, ON THE BASIS OF THE  PERSON'S  IMMIGRATION  STATUS,  A
 CIVIL IMMIGRATION DETAINER, OR A FEDERAL IMMIGRATION AUTHORITY'S REQUEST
 FOR  NOTIFICATION  ABOUT,  TRANSFER  OF,  DETENTION  OF, OR INTERVIEW OR
 INTERROGATION OF SUCH PERSON.
   2.  UPON RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY OF A CIVIL IMMI-
 GRATION DETAINER, OR A REQUEST FOR  TRANSFER,  NOTIFICATION,  INTERVIEW,
 INTERROGATION OR OTHER REQUEST, A STATE OR LOCAL LAW ENFORCEMENT AGENCY,
 OR AGENT THEREOF, SHALL PROMPTLY NOTIFY THE PERSON WHO IS THE SUBJECT OF
 SUCH  DETAINER  OR  REQUEST AND SUCH PERSON'S COUNSEL, PROVIDE A COPY OF
 SUCH DETAINER OR REQUEST, AS THE CASE MAY BE, TO SUCH PERSON  AND  COUN-
 SEL,  INFORM  SUCH  PERSON  OF  THE  RIGHT  TO  COUNSEL  PURSUANT TO THE
 PROVISIONS OF SECTION THREE HUNDRED  NINETEEN-G  OF  THIS  ARTICLE,  AND
 INFORM  SUCH  PERSON AND COUNSEL, REASONABLY IN ADVANCE OF RESPONDING TO
 THE FEDERAL IMMIGRATION AUTHORITY, AS TO  WHETHER  OR  NOT  SUCH  AGENCY
 INTENDS TO COMPLY WITH SUCH DETAINER OR REQUEST.
   3. A PERSON IN THE CUSTODY OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY,
 OR  AGENT  THEREOF,  SHALL  BE  SUBJECT TO BOOKING, PROCESSING, RIGHT TO
 COUNSEL, RELEASE AND TRANSFER PROCEDURES, POLICIES AND PRACTICES OF THAT
 AGENCY THAT ARE AT LEAST AS PROTECTIVE OF  INDIVIDUAL  RIGHTS  AS  OTHER
 PERSONS  IN  SUCH AGENCY'S CUSTODY, REGARDLESS OF THE PERSON'S ACTUAL OR
 SUSPECTED IMMIGRATION STATUS.
   § 319-E. CIVIL IMMIGRATION DETAINERS. 1. A STATE OR LOCAL LAW ENFORCE-
 MENT AGENCY, OR AGENT THEREOF, LAWFULLY HOLDING A PERSON IN ITS CUSTODY,
 MAY THEREAFTER DETAIN SUCH PERSON SOLELY ON THE BASIS OF A  CIVIL  IMMI-
 GRATION  DETAINER,  FOR  A SINGLE PERIOD NOT EXCEEDING FORTY-EIGHT HOURS
 EXCLUDING WEEKENDS AND HOLIDAYS, BEYOND THE TIME WHEN SUCH PERSON  WOULD
 OTHERWISE HAVE BEEN RELEASED FROM SUCH AGENCY'S CUSTODY, ONLY IF:
   (A)  AN  AUTHORIZED  FEDERAL IMMIGRATION AGENCY PRESENTS SUCH STATE OR
 LOCAL LAW ENFORCEMENT AGENCY WITH A JUDICIAL WARRANT FOR  THE  DETENTION
 OF  THE  PERSON WHO IS THE SUBJECT OF SUCH CIVIL IMMIGRATION DETAINER AT
 THE TIME SUCH CIVIL IMMIGRATION DETAINER IS PRESENTED; OR

 A. 3049--A                          5
 
   (B) NOTICE HAS BEEN RECEIVED FROM A COURT OR  ANY  OTHER  GOVERNMENTAL
 ENTITY,  DOCUMENTING  THAT  THE  PERSON  ILLEGALLY  REENTERED THE UNITED
 STATES AFTER A PREVIOUS REMOVAL OR RETURN AS DEFINED  IN  8  U.S.C.    §
 1326,  AND  THE  PERSON  STANDS CONVICTED OF A VIOLENT FELONY OFFENSE AS
 DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE PENAL LAW, OR A CLASS
 A  FELONY  OFFENSE  DEFINED IN THE PENAL LAW, OR AN OFFENSE IN ANY OTHER
 JURISDICTION THAT HAS THE SAME ESSENTIAL ELEMENTS OF  ANY  SUCH  VIOLENT
 FELONY OFFENSE OR CLASS A FELONY OFFENSE; OR
   (C)  SUCH  PERSON IS IDENTIFIED BY SUCH STATE OR LOCAL LAW ENFORCEMENT
 AGENCY AS A LIKELY MATCH WITH A PERSON LISTED IN THE TERRORIST SCREENING
 DATABASE.
   2. EXCEPT TO THE EXTENT THAT DISCLOSURE IS REQUIRED BY FEDERAL LAW, NO
 STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF,  SHALL  PROVIDE
 TO  A FEDERAL IMMIGRATION AUTHORITY, OR ANOTHER AGENCY, ENTITY OR PERSON
 ON BEHALF OF A FEDERAL IMMIGRATION AUTHORITY, ANY  INFORMATION  OBTAINED
 CONCERNING  A  PERSON  WHO  IS IN OR FORMERLY WAS IN THE CUSTODY OF SUCH
 STATE OR LOCAL LAW ENFORCEMENT AGENCY, OR AGENT THEREOF,  INCLUDING  BUT
 NOT  LIMITED  TO  THE  PERSON'S  RELEASE  DATE, COURT APPEARANCE DATE OR
 DATES, HOME, WORK OR SCHOOL ADDRESS.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFER ANY  AUTHORITY
 ON  AN  ENTITY  TO DETAIN A PERSON BASED ON A CIVIL IMMIGRATION DETAINER
 BEYOND THE AUTHORITY, IF ANY, TO DO SO THAT EXISTED PRIOR TO THE  ENACT-
 MENT OF THIS SECTION.
   § 319-F. LIMITATION ON USE OF CERTAIN FACILITIES. 1. NO STATE OR LOCAL
 LAW  ENFORCEMENT AGENCY, OR AGENT THEREOF, SHALL PROVIDE A FEDERAL IMMI-
 GRATION AGENCY, OR AGENT THEREOF, WITH ACCESS TO AN INDIVIDUAL  IN  SUCH
 LAW ENFORCEMENT AGENCY'S CUSTODY OR CONTROL.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A PERSON IN THE CUSTODY OF A STATE OR LOCAL LAW ENFORCEMENT  AGENCY  MAY
 REQUEST  TO  BE  INTERVIEWED  BY  A FEDERAL LAW ENFORCEMENT AGENCY OR AN
 AGENT THEREOF ONLY WITH KNOWING AND VOLUNTARY  WRITTEN  CONSENT  OF  THE
 INDIVIDUAL AND, IF REPRESENTED BY COUNSEL, WRITTEN AUTHORIZATION BY SUCH
 COUNSEL,  PROVIDED  THAT  IF  SUCH  INDIVIDUAL IS NOT REPRESENTED AND IS
 ENTITLED TO COUNSEL ASSIGNED PURSUANT TO  SECTION  THREE  HUNDRED  NINE-
 TEEN-G  OF  THIS  ARTICLE OR ARTICLE EIGHTEEN-B OF THE COUNTY LAW, HE OR
 SHE SHALL BE NOTIFIED OF SUCH RIGHT AND PROVIDED A  REASONABLE  OPPORTU-
 NITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
   3.  IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF INTERPRETATION
 OR TRANSLATION SERVICES, ANY FOREIGN-BORN PERSON, OR PERSON  NOT  PROFI-
 CIENT  IN THE ENGLISH LANGUAGE, TO WHOM INQUIRY IS MADE PURSUANT TO THIS
 SECTION SHALL BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL  AND  QUALIFIED
 INTERPRETER  OR  TRANSLATOR,  AS  THE  CASE MAY BE, WITH RESPECT TO SUCH
 INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH PERSON.
   4. EXCEPT AS PROVIDED IN SUBDIVISION  TWO  OF  THIS  SECTION,  FEDERAL
 IMMIGRATION  AUTHORITIES  SHALL NOT BE PERMITTED TO USE OR MAINTAIN, FOR
 THE PURPOSE OF INTERVIEWING ANY PERSON OR WITNESS  OR  INVESTIGATING  OR
 ADJUDICATING  ANY  ALLEGED  VIOLATION  OF  FEDERAL  IMMIGRATION LAW, ANY
 OFFICE OR QUARTERS IN ANY BUILDING OR FACILITY OR ANY LAND OWNED, LEASED
 OR OPERATED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY; PROVIDED, HOWEV-
 ER THAT THE FEDERAL EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, PURSUANT TO
 AN OTHERWISE LAWFUL AGREEMENT WITH THE STATE DEPARTMENT  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION, MAY MAKE USE OF OFFICES IN ONE OR MORE BUILD-
 INGS  OR  FACILITIES  OPERATED  AS STATE CORRECTIONAL FACILITIES IN THIS
 STATE FOR THE PURPOSE  OF  CONDUCTING  ADJUDICATORY  HEARINGS  INVOLVING
 ALLEGED VIOLATION OF FEDERAL IMMIGRATION LAW.

 A. 3049--A                          6
 
   §  319-G.  LEGAL  REPRESENTATION. 1. A PERSON UNABLE TO AFFORD COUNSEL
 AGAINST WHOM A REMOVAL PROCEEDING MAY BE OR HAS BEEN COMMENCED, SHALL BE
 ENTITLED TO REPRESENTATION BY ASSIGNED COUNSEL AND  RELATED  ASSISTANCE,
 PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY LAW,
 WHEN THE PERSON:
   (A)  WAS  PRESENT  IN  THIS STATE WHEN QUESTIONED, TAKEN INTO CUSTODY,
 CHARGED, SUMMONED OR PRESENTED  WITH  THE  ALLEGATIONS  OF  THE  REMOVAL
 PROCEEDINGS,  AND THE PERSON RESIDES OR IS DETAINED IN EITHER THIS STATE
 OR AN ADJOINING STATE; OR
   (B) RESIDED  IN  THIS  STATE  WHEN  QUESTIONED,  TAKEN  INTO  CUSTODY,
 CHARGED,  SUMMONED  OR  PRESENTED  WITH  THE  ALLEGATIONS OF THE REMOVAL
 PROCEEDINGS, AND THE PERSON CONTINUES TO RESIDE  IN  THIS  STATE  OR  AN
 ADJOINING STATE, OR IF DETAINED, CONTINUES TO BE DETAINED IN EITHER THIS
 STATE OR AN ADJOINING STATE.
   2.  REPRESENTATION  AND RELATED ASSISTANCE PROVIDED IN ACCORDANCE WITH
 SUBDIVISION ONE OF THIS SECTION SHALL BE A  STATE  CHARGE,  PURSUANT  TO
 SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE JUDICIARY LAW.
   §  319-H. PROHIBITION ON CERTAIN DATABASES AND REGISTRIES. NO STATE OR
 LOCAL AGENCY, OR ANY AGENT THEREOF, MAY USE ANY FUNDS, FACILITIES, PROP-
 ERTY, EQUIPMENT OR PERSONNEL OF SUCH AGENCY TO INVESTIGATE,  ENFORCE  OR
 PROVIDE  ASSISTANCE  IN  THE INVESTIGATION OR ENFORCEMENT OF ANY FEDERAL
 PROGRAM REQUIRING REGISTRATION OF INDIVIDUALS, OR MAINTAINING A DATABASE
 OF INDIVIDUALS, ON THE BASIS  OF  RACE,  COLOR,  CREED,  GENDER,  SEXUAL
 ORIENTATION, RELIGION, OR NATIONAL OR ETHNIC ORIGIN.
   §  319-I. EFFECT ON OTHER LAWS. THIS ARTICLE SHALL SUPERSEDE CONFLICT-
 ING LOCAL LAWS, RULES, POLICIES, PROCEDURES AND PRACTICES, EXCEPT TO THE
 EXTENT THAT THE PROVISIONS OF ANY SUCH LOCAL LAW, RULE,  POLICY  OR  ANY
 SUCH  PROCEDURE  OR PRACTICE MAY PROVIDE ANY ADDITIONAL OR GREATER RIGHT
 OR PROTECTION. NOTHING IN THIS ARTICLE SHALL PROHIBIT  ANY  ENTITY  FROM
 COOPERATING  WITH A FEDERAL IMMIGRATION AUTHORITY TO THE EXTENT REQUIRED
 BY FEDERAL LAW. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR  APPLIED
 SO  AS  TO CREATE ANY POWER, DUTY OR OBLIGATION IN CONFLICT WITH FEDERAL
 LAW.
   § 2. The opening paragraph of paragraph a of subdivision 1 of  section
 35  of  the  judiciary  law  is designated as subparagraph (i) and a new
 subparagraph (ii) is added to read as follows:
   (II) PERSONS PROVIDING ASSIGNED  COUNSEL  AND  RELATED  ASSISTANCE  IN
 IMMIGRATION-RELATED MATTERS PURSUANT TO SECTION THREE HUNDRED NINETEEN-G
 OF  THE  EXECUTIVE  LAW  SHALL  BE  COMPENSATED  IN ACCORDANCE WITH THIS
 SECTION. IN ANY CASE WHERE A PERSON ENTITLED TO ASSIGNED  REPRESENTATION
 PURSUANT  TO  SECTION  THREE  HUNDRED  NINETEEN-G  OF  THE EXECUTIVE LAW
 PETITIONS THE CRIMINAL COURT OF THE CITY OF NEW YORK, THE  COUNTY  COURT
 OR  DISTRICT  COURT,  WITH  JURISDICTION WHERE THE PERSON IS TO BE QUES-
 TIONED OR DETAINED, OR IS DETAINED, OR WAS CHARGED IN SUCH  IMMIGRATION-
 RELATED  MATTER,  OR MOST RECENTLY RESIDED, THE COURT SHALL ASSIGN COUN-
 SEL, WITH APPROPRIATE EXPERTISE AND  EXPERIENCE  IN  IMMIGRATION-RELATED
 MATTERS, IN ACCORDANCE WITH THIS SECTION.
   §  3.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or other part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation to the clause, sentence, subdivision,  paragraph,  section  or
 part thereof directly involved in the controversy in which such judgment
 shall have been rendered.
   § 4. This act shall take effect immediately.