Senate Bill S4240A

2021-2022 Legislative Session

Prohibits the disclosure of immigration status for victims of domestic violence

download bill text pdf

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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

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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 - Summary

Prohibits disclosure of immigration status for victims of domestic violence.

2021-S4240 - Sponsor Memo

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) - Summary

Prohibits disclosure of immigration status for victims of domestic violence.

2021-S4240A (ACTIVE) - Sponsor Memo

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.
              

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