S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    636
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC, EPSTEIN, REYES, SAYEGH, CRUZ, JOYNER,
   TAYLOR,  HYNDMAN,   LAVINE,   L. ROSENTHAL,   SIMON,   GLICK,   STECK,
   DE LOS SANTOS -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02524-01-3
              

 A. 636                              2
 
 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.
 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.
 A. 636                              3
 
   § 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.