S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5487
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, the social services law, the
   family court act and the executive law, in relation to maintaining the
   confidentiality of immigration status for victims of domestic violence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subparagraph (ii) of paragraph (b) and paragraph (c) of
 subdivision 4 of section 140.10 of the criminal procedure law,  subpara-
 graph  (ii)  of  paragraph  (b) as amended by chapter 107 of the laws of
 2004 and paragraph (c) as amended by chapter 4 of the laws of 1997,  are
 amended to read as follows:
   (ii)  The  respondent or defendant commits a family offense as defined
 in subdivision one of section eight hundred twelve of the  family  court
 act or subdivision one of section 530.11 of this chapter in violation of
 such  order  of  protection  or special order of conditions.  AN OFFICER
 MAKING AN ARREST UNDER THIS SUBPARAGRAPH SHALL NOT  INQUIRE  AS  TO  THE
 IMMIGRATION  STATUS  OF  THE  PERSON  WHOM THE ORDER PROTECTS.   IF SUCH
 STATUS IS ASCERTAINED AND WOULD RESULT  IN  ADVERSE  IMMIGRATION  CONSE-
 QUENCES TO SUCH PERSON, THE OFFICER SHALL NOT REPORT SUCH INFORMATION TO
 ANY LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   (c)  a  misdemeanor  constituting  a  family  offense, as described in
 subdivision one of section 530.11 of  this  chapter  and  section  eight
 hundred  twelve  of  the  family  court  act, has been committed by such
 person against such  family  or  household  member,  unless  the  victim
 requests  otherwise. The officer shall neither inquire as to whether the
 victim seeks an arrest of such person nor threaten  the  arrest  of  any
 person for the purpose of discouraging requests for police intervention.
 THE  OFFICER  SHALL ALSO NOT INQUIRE AS TO THE IMMIGRATION STATUS OF THE
 VICTIM; NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH STATUS, REPORT  SUCH
 INFORMATION  TO  ANY  LOCAL,  STATE  OR  FEDERAL LAW ENFORCEMENT AGENCY.
 Notwithstanding the foregoing, when an officer has reasonable  cause  to
 believe that more than one family or household member has committed such
 a  misdemeanor,  the officer is not required to arrest each such person.
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01576-01-9

 A. 5487                             2
 
 In such circumstances, the officer shall attempt to identify and  arrest
 the  primary  physical  aggressor after considering: (i) the comparative
 extent of any injuries inflicted by and between the parties; (ii) wheth-
 er  any such person is threatening or has threatened future harm against
 another party or another family or household member; (iii)  whether  any
 such  person  has  a prior history of domestic violence that the officer
 can reasonably ascertain; and (iv) whether any such person acted  defen-
 sively  to  protect  himself  or  herself from injury. The officer shall
 evaluate each complaint separately to determine who is the primary phys-
 ical aggressor and shall not base the  decision  to  arrest  or  not  to
 arrest  on  the  willingness of a person to testify or otherwise partic-
 ipate in a judicial proceeding.
   § 2.  Subdivision 2 of section 530.11 of the criminal procedure law is
 amended by adding a new paragraph (j) to read as follows:
   (J) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
 SHALL BE KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED  TO  ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   §  3.    The criminal procedure law is amended by adding a new section
 2.25 to read as follows:
 § 2.25 PROHIBITIONS ON LAW ENFORCEMENT AGENCIES AND PEACE OFFICERS.
   A LAW ENFORCEMENT AGENCY OF THE STATE OR A  POLITICAL  SUBDIVISION  OF
 THE  STATE  OR  A PEACE OFFICER MAY NOT INQUIRE AS TO THE NATIONALITY OR
 IMMIGRATION STATUS OF A VICTIM OF OR WITNESS TO  DOMESTIC  VIOLENCE,  AS
 SUCH  TERMS  ARE  DEFINED  BY  SECTION  FOUR HUNDRED FIFTY-NINE-A OF THE
 SOCIAL SERVICES LAW, EXCEPT AS NECESSARY TO INVESTIGATE THE OFFENSE, NOR
 SHALL SUCH OFFICER REPORT OR REFER SUCH STATUS TO ANY  LOCAL,  STATE  OR
 FEDERAL LAW ENFORCEMENT AGENCY.
   §  4.  Section 459-h of the social services law is amended by adding a
 new subdivision 3 to read as follows:
   3.  ALL INFORMATION RELATED TO A VICTIM OF DOMESTIC  VIOLENCE'S  IMMI-
 GRATION STATUS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT BE DISCLOSED FOR
 ANY  PURPOSE, INCLUDING SUCH INVESTIGATIONS THAT MAY BE CONDUCTED BY ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY RELATING TO SAID INDIVID-
 UAL'S IMMIGRATION STATUS.
   § 5. Subdivision 2 of section 812 of the family court act  is  amended
 by adding a new paragraph (h) to read as follows:
   (H) THAT ANY INFORMATION REGARDING THE PETITIONER'S IMMIGRATION STATUS
 SHALL  BE  KEPT CONFIDENTIAL AND WILL NOT BE REFERRED OR REPORTED TO ANY
 LOCAL, STATE OR FEDERAL LAW ENFORCEMENT AGENCY.
   § 6. The executive law is amended by adding a new section 844 to  read
 as follows:
   §  844.  INQUIRY INTO IMMIGRATION STATUS PROHIBITED IN CERTAIN CIRCUM-
 STANCES. IN CONDUCTING AN INVESTIGATORY ACTIVITY,  INCLUDING  AN  INTER-
 VIEW, INTO ANY INCIDENT OF DOMESTIC VIOLENCE, AS SUCH TERM IS DEFINED IN
 ARTICLE  SIX-A OF THE SOCIAL SERVICES LAW, A LAW ENFORCEMENT AGENCY OR A
 LAW ENFORCEMENT OFFICIAL SHALL NOT INQUIRE ABOUT  OR  SEEK  PROOF  OF  A
 PERSON'S IMMIGRATION STATUS, NOR SHALL SUCH OFFICER, IF INFORMED OF SUCH
 STATUS, REFER OR REPORT ANY FINDINGS REGARDING SUCH STATUS TO ANY LOCAL,
 STATE  OR  FEDERAL  LAW  ENFORCEMENT AGENCY. ANY INFORMATION OBTAINED IN
 SUCH INVESTIGATORY ACTIVITY  REGARDING  A  PERSON'S  IMMIGRATION  STATUS
 SHALL BE KEPT CONFIDENTIAL.
   §  7. This act shall take effect immediately, provided that the amend-
 ments to subdivision 4 of section 140.10 of the criminal  procedure  law
 made  by  section  one  of  this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith.