LBD01479-01-3
S. 257 2
RATION, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A
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.
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2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
LIMITED INQUIRY OF SUCH INFORMATION CONCERNING THE RELEVANT PERSON MAY
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
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PROVIDED TO IT IN ACCORDANCE WITH 8 U.S.C. § 1373 OR ANOTHER FEDERAL
LAW;
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
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A FELONY OFFENSE DEFINED IN THE PENAL LAW, OR AN OFFENSE IN ANY OTHER
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:
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(A) WAS PRESENT IN THIS STATE WHEN QUESTIONED, TAKEN INTO CUSTODY,
CHARGED, SUMMONED OR PRESENTED WITH THE ALLEGATIONS OF THE REMOVAL
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.