Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to codes |
Jun 04, 2021 |
print number 4240a |
Jun 04, 2021 |
amend and recommit to codes |
Feb 03, 2021 |
referred to codes |
Senate Bill S4240A
2021-2022 Legislative Session
Sponsored By
(D) 11th Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
Bill Amendments
2021-S4240 - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§140.10 & 530.11, add §2.25, CP L; amd §459-h, Soc Serv L; amd §812, Fam Ct Act; add §844, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S6044
2023-2024: S2061
2021-S4240 - Sponsor Memo
BILL NUMBER: S4240 SPONSOR: STAVISKY TITLE OF BILL: 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 PURPOSE: To ensure that all women in New York State feel safe to report domestic violence incidents. SUMMARY OF PROVISIONS: Section I of the bill amends section 140.10 of the criminal procedure law, to provide that state and local officers making arrests in domestic violence cases shall not inquire as to the immigration status of the victim. It further provides that if the officer inadvertently learns of it, he or she should not report the status to any local, state, or
2021-S4240 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4240 2021-2022 Regular Sessions I N S E N A T E February 3, 2021 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed 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.
2021-S4240A (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§140.10 & 530.11, add §2.25, CP L; amd §459-h, Soc Serv L; amd §812, Fam Ct Act; add §844, Exec L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
S6044
2023-2024: S2061
2021-S4240A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4240A SPONSOR: STAVISKY TITLE OF BILL: 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 PURPOSE: To ensure that all women in New York State feel safe to report domestic violence incidents. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 140.10 of the criminal procedure law, to provide that state and local officers making arrests in domestic violence cases shall not inquire as to the immigration status of the victim. It further provides that if the officer inadvertently learns of it, he or she should not report the status to any local, state, or
2021-S4240A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4240--A 2021-2022 Regular Sessions I N S E N A T E February 3, 2021 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.