NY State Senate Bill 2021-S1357

Senate Bill S1357

2021-2022 Legislative Session

Relates to providing access to services and law enforcement in certain immigration related matters

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Jan 11, 2021	referred to finance

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2021-S1357 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add Art 15-AA §§319 - 319-h, Exec L; amd §35, Judy L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4075
2019-2020: S1424
2023-2024: S257

2021-S1357 (ACTIVE) - Summary

Relates to providing access to services, law enforcement and counsel in certain immigration related matters.

2021-S1357 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1357

SPONSOR: SERRANO
 
TITLE OF BILL:

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 compen-
sation of legal counsel for certain matters

 
SUMMARY OF PROVISIONS:

The executive law is amended to add a new article 15-AA regarding
relations with immigrant communities and detention of certain persons.
This new article would:

*establish definitions;

*ensure that people are not unnecessarily questioned about immigration
status when seeking state or local services, benefits or assistance;

*establish that state or local law enforcement agencies shall not stop,

question, investigate or arrest a person based on perceived immigration
status or suspected violation of federal immigration law;

*generally prohibit law enforcement agencies from inquiring about the
immigration status of persons contacting such agencies when in need of
assistance, including victims and witnesses;

*require state and local agencies, employees, and health care providers
to maintain the confidentiality of immigration 'status information,
unless acting in accordance with 8 U.S.C. 3 1373, and other information
absent valid consent of the individual;

*prohibit the detention of individuals based on administratively-issued
immigration detainers and require notification to an individual if an
immigration warrant or related request has been filed;

*curtail the use of state and local facilities for the purposes of
federal immigration enforcement;

*establish a right to legal representation for persons subject to
removal or deportation proceedings (the bill also amends Judiciary Law
35 for this purpose;

*prohibit state and local agencies from expending resources to assist
the federal government in the creation or maintenance of any database or
registry based on race, color, creed, gender, sexual orientation, reli-
gion, for national or ethnic origin.

 
JUSTIFICATION:

Regrettably, some persons in New York State are reluctant to interact
with state and local agencies out of fear or mistrust. Regardless of
individual immigration status, these persons are concerned with possible
immigration-related consequences for themselves or family members upon
interacting with law enforcement or other agencies that provide vital
services and benefits. While much of immigration law is established at
the federal level, there are policies that can be enacted by New York to
ensure that persons are not stereotyped, profiled or deterred from
accessing services for which they may be eligible.

This bill includes various measures designed to encourage cooperation
and foster positive relations between agency officials and individuals
in our state. Consistent with constitutional principles, the bill would
prohibit New York state and local law enforcement officials from acting
based on suspected federal immigration status or suspected violation of
U.S. immigration law, and would prohibit these officials from performing
immigration-related duties that are designated by law for federal immi-
gration officials. This would include a prohibition on access and use of
state and local governmental facilities, such as jails and detention
centers, for the purpose of Immigration inquiries, absent request of the
individual.

People in New York should not be afraid to report crime to the police or
seek emergency health care. A victim of domestic violence, for example,
or pedestrian injured by an automobile, should be able to seek help
without fear of repercussions. This bill would limit the collection of
unnecessary information concerning immigration status in these circum-
stances and others. State and local officials may, in some circum-
stances, be required by federal law to respond to certain requests
regarding immigration status, but federal law does not require that
,other personal information be shared.

This bill also addresses when a civil immigration warrant would be given
effect by state and local law correctional authorities. A civil immi-
gration warrant, issued by an agency and not a judge, is a request by a
federal immigration agency for temporary detention of an individual.
This bill would allow detention based on such a civil administrative
warrant when the individual named therein has been convicted of a class
A felony or violent felony offense and there is documented probable
cause to believe the person. illegally re-entered the United State after
a previous removal, or is listed in the national terrorist screening
database, or if a judicial warrant has been issued. California, Connec-
ticut, Illinois and the cities of Philadelphia and New York, for exam-
ple, have similar laws or executive orders in place.

The bill would also help assure due process by providing a right to
assigned legal counsel for immigrants in New York who are unable to
afford counsel, and who are subject to removal or deportation
proceedings.

The bill complies with federal law and also sets forth constitutional-
ly-permissible state and local. procedures that will help assure fair
and lust treatment for all persons in New York State.

 
PRIOR EXISTING LEGISLATION:

2019-2020:S.1424-Referred to Finance
2017-2018:S.84075A- Referred to Finance

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1357 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1357
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced by Sens. SERRANO, BAILEY, BENJAMIN, BIAGGI, COMRIE, GIANARIS,
   HOYLMAN, JACKSON, KAVANAGH, KRUEGER, PARKER, PERSAUD, RIVERA, SANDERS,
   STAVISKY  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on Finance
 
 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.
         319-H.  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

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

                                                            LBD03313-01-1

 S. 1357                             2
 
 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
 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

 S. 1357                             3
 
 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
 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;

 S. 1357                             4
 
   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
   (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

 S. 1357                             5
 
 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.
   §  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

 S. 1357                             6
 
 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. 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.

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