S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9167--A
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by  M.  of  A. GANDOLFO, E. BROWN, BENDETT, BARCLAY, BYRNES,
   DURSO, ANGELINO, MAHER,  GRAY,  SLATER,  BRABENEC,  TAGUE,  DeSTEFANO,
   DiPIETRO,  JENSEN,  PALMESANO,  LEMONDES,  SMULLEN, K. BROWN, SIMPSON,
   McDONOUGH, J. A. GIGLIO, J. M. GIGLIO, NOVAKHOV, RA,  REILLY,  NORRIS,
   FRIEND,  FLOOD,  BLUMENCRANZ,  MCGOWAN,  GALLAHAN  --  read  once  and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the criminal procedure law, in relation to requiring law
   enforcement and courts to notify the  United  States  Immigration  and
   Customs Enforcement agency when an arrested person or defendant is not
   a  United  States  citizen;  to  amend  the  penal law, in relation to
   adjusting certain maximum sentences; to amend the correction  law,  in
   relation  to  requiring  notification of the United States Immigration
   and Customs Enforcement agency prior to the release of certain noncit-
   izens; and to repeal certain provisions of the penal  law,  the  civil
   rights  law and the judiciary law, in relation to repealing provisions
   of the "protect our courts act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 160.20 of the criminal procedure law, as amended by
 chapter 108 of the laws of 1973, is amended to read as follows:
 § 160.20 Fingerprinting; forwarding of fingerprints.
   (A) Upon the taking of fingerprints of an arrested person or defendant
 as  prescribed in section 160.10 OF THIS ARTICLE, the appropriate police
 officer or agency must without unnecessary delay forward two  copies  of
 such fingerprints to the division of criminal justice services.
   (B)  IN  THE  EVENT  THE ARRESTED PERSON OR DEFENDANT AS PRESCRIBED IN
 SECTION 160.10 OF THIS ARTICLE IS NOT A CITIZEN OF  THE  UNITED  STATES,
 THE  POLICE OFFICER OR LOCAL LAW ENFORCEMENT AGENCY WHERE THE INTAKE WAS
 PERFORMED SHALL FORWARD  COPIES  OF  SUCH  FINGERPRINTS  AND  ASSOCIATED
 REPORTS  DETAILING  THE  ARREST  TO  THE  UNITED  STATES IMMIGRATION AND
 CUSTOMS ENFORCEMENT AGENCY. THE REQUIREMENT TO NOTIFY THE UNITED  STATES
 IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY SHALL APPLY TO ALL POLICE AND
 LAW ENFORCEMENT AGENCIES WITHIN THE STATE OF NEW YORK.
   §  2.  The  criminal  procedure law is amended by adding a new section
 370.30 to read as follows:
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14426-02-4
 A. 9167--A                          2
 
 § 370.30 PROCEDURE FOR COURT NOTIFICATION.
   UPON  A  CONVICTION FOR A FELONY OR MISDEMEANOR THE COURT IN WHICH THE
 DEFENDANT WAS CONVICTED SHALL IMMEDIATELY NOTIFY THE UNITED STATES IMMI-
 GRATION AND CUSTOMS ENFORCEMENT AGENCY WHEN THE DEFENDANT IS NOT A CITI-
 ZEN OF THE UNITED STATES. SUCH REQUIREMENT SHALL APPLY TO  ALL  CRIMINAL
 COURTS,  CITY COURTS, TOWN COURTS AND VILLAGE COURTS WITHIN THE STATE OF
 NEW YORK AS THOSE TERMS ARE DEFINED IN SECTION 10.10 OF THIS CHAPTER.
   § 3. Subdivisions 1 and 3 of  section  70.15  of  the  penal  law,  as
 amended  by  section 1 of part OO of chapter 55 of the laws of 2019, are
 amended to read as follows:
   1. Class A misdemeanor. A sentence  of  imprisonment  for  a  class  A
 misdemeanor  shall  be  a  definite  sentence.  When  such a sentence is
 imposed the term shall be fixed by  the  court,  and  shall  not  exceed
 [three hundred sixty-four days] ONE YEAR.
   3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
 sified misdemeanor shall be a definite sentence. When such a sentence is
 imposed the term shall be fixed by the court, and shall be in accordance
 with  the  sentence  specified  in the law or ordinance that defines the
 crime [but, in any event, it shall not exceed three  hundred  sixty-four
 days].
   §  4.  Section 147 of the correction law, as amended by chapter 669 of
 the laws of 2022, is amended to read as follows:
   § 147. Noncitizen incarcerated individuals of correctional facilities.
 The commissioner shall within three months after admission of a nonciti-
 zen incarcerated individual to a correctional facility cause an investi-
 gation to be made of the record and past history of such noncitizen  and
 shall  upon  the  termination  of such investigation cause the record of
 such noncitizen, together with all  facts  disclosed  by  such  investi-
 gation,  and  his  or  her  recommendations  as  to  deportation,  to be
 forwarded to the  United  States  immigration  authorities  having  such
 matters in charge. THE COMMISSIONER SHALL NOTIFY THE UNITED STATES IMMI-
 GRATION  AND  CUSTOMS  ENFORCEMENT  AGENCY  OF  THE DISCHARGE, PAROLE OR
 RELEASE OF A NONCITIZEN INCARCERATED INDIVIDUAL AT LEAST FIVE DAYS PRIOR
 TO SUCH DISCHARGE, PAROLE OR RELEASE.
   § 5. Section 500-c of the correction law is amended by  adding  a  new
 subdivision 29 to read as follows:
   29.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINISTRA-
 TIVE OFFICER OF ANY LOCAL CORRECTIONAL FACILITY OPERATED BY  THE  COUNTY
 OR  THE CITY OF NEW YORK, OR A SECURE FACILITY OPERATED BY THE OFFICE OF
 CHILDREN AND FAMILY SERVICES, SHALL NOTIFY THE UNITED STATES IMMIGRATION
 AND CUSTOMS ENFORCEMENT AGENCY OF THE RELEASE OF A NONCITIZEN INDIVIDUAL
 WHO HAS BEEN DETAINED OR CONFINED AT SUCH FACILITY AT  LEAST  FIVE  DAYS
 PRIOR  TO  SUCH  RELEASE OR AS SOON AS PRACTICABLE IF RELEASE WILL OCCUR
 WITHIN LESS THAN FIVE DAYS.
   § 6. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
   § 7. Section 28 of the civil rights law, as added by  chapter  322  of
 the laws of 2020, is REPEALED.
   § 8. Section 4-a of the judiciary law is REPEALED.
   §  9.  Paragraph (aa) of subdivision 2 of section 212 of the judiciary
 law, as added by chapter 322 of the laws of 2020, is REPEALED.
   § 10. This act shall take effect immediately; provided, however,  that
 the  amendments  to  section 500-c of the correction law made by section
 five of this act shall not affect the repeal of such section  and  shall
 be deemed repealed therewith.