S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5686
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2023
                                ___________
 
 Introduced  by  M.  of A. REYES, CARROLL, EPSTEIN, L. ROSENTHAL, WEPRIN,
   SIMON, FORREST, TAYLOR, STECK, CRUZ, BURGOS, ANDERSON,  CLARK,  DINOW-
   ITZ,  MITAYNES,  OTIS,  KELLES,  GALLAGHER,  GONZALEZ-ROJAS,  PRETLOW,
   SEAWRIGHT, HEVESI, JACOBSON, MAMDANI, BURDICK, LAVINE, JACKSON, MEEKS,
   THIELE, VANEL, WALKER,  RAMOS,  JEAN-PIERRE,  JOYNER,  GLICK,  DAVILA,
   BRONSON,   TAPIA,  PAULIN,  LUNSFORD,  FAHY,  DE LOS SANTOS,  DICKENS,
   CUNNINGHAM, KIM, RIVERA -- Multi-Sponsored by -- M. of A. COOK -- read
   once and referred to the Committee on Codes
 
 AN ACT to amend the criminal  procedure  law,  the  executive  law,  the
   general municipal law and the correction law, in relation to prohibit-
   ing and regulating the discovery and disclosure of immigration status;
   and to repeal certain provisions of the correction law relating there-
   to
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1.20 of the criminal procedure law  is  amended  by
 adding five new subdivisions 46, 47, 48, 49, and 50 to read as follows:
   46.  "IMMIGRATION AUTHORITIES" MEANS ANY OFFICER, EMPLOYEE, OR GOVERN-
 MENT EMPLOYEE WHO IS RESPONSIBLE FOR ENFORCEMENT OF  THE  FEDERAL  IMMI-
 GRATION  AND  NATIONALITY  ACT, INCLUDING ANY OFFICER OR AGENT OF UNITED
 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS  AND
 BORDER PROTECTION.
   47.  "IMMIGRATION  ENFORCEMENT"  MEANS  THE  ENFORCEMENT  OF ANY CIVIL
 PROVISION  OF  THE  FEDERAL  IMMIGRATION  AND  NATIONALITY  ACT  OR  ANY
 PROVISION  OF  LAW THAT PENALIZES A PERSON'S PRESENCE IN, ENTRY INTO, OR
 REENTRY INTO THE UNITED STATES.
   48. "IMMIGRATION LAW" MEANS ANY CIVIL PROVISION OF THE  FEDERAL  IMMI-
 GRATION  AND  NATIONALITY  ACT AND ANY PROVISION OF LAW THAT PENALIZES A
 PERSON'S PRESENCE IN, ENTRY INTO, OR REENTRY INTO THE UNITED STATES.
   49. "IMMIGRATION DETAINER" MEANS ANY DOCUMENT, FORM, OR OTHER COMMUNI-
 CATION REQUESTING OR DIRECTING THAT A POLICE OFFICER, PEACE OFFICER,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02333-01-3
              

 A. 5686                             2
 
 GOVERNMENT  ENTITY  DETAIN OR MAINTAIN CUSTODY OF AN INDIVIDUAL, FOR ANY
 PERIOD OF TIME, FOR PICKUP BY OR TRANSFER TO IMMIGRATION AUTHORITIES.
   50.  "CIVIL  IMMIGRATION WARRANT" MEANS ANY WARRANT FOR A VIOLATION OF
 CIVIL IMMIGRATION LAW THAT IS NOT ISSUED BY A JUDGE  APPOINTED  PURSUANT
 TO ARTICLE III OF THE UNITED STATES CONSTITUTION OR A FEDERAL MAGISTRATE
 JUDGE  APPOINTED  PURSUANT  TO  28  USC  § 631, AND INCLUDES ANY WARRANT
 ENTERED INTO THE NATIONAL CRIME INFORMATION CENTER DATABASE.
   § 2. The criminal procedure law is amended by adding a new article 145
 to read as follows:
                                ARTICLE 145
    PROCEDURES FOR POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
              OFFICERS PERTAINING TO IMMIGRATION ENFORCEMENT
 SECTION 145.05 DUTIES OF POLICE OFFICERS,  PEACE  OFFICERS,  AND  SCHOOL
                  RESOURCE OFFICERS; IMMIGRATION.
         145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
         145.15 IMMIGRATION   DETAINER;   QUESTIONING,  INVESTIGATION  OR
                  INTERROGATION PROHIBITED.
         145.20 INQUIRY INTO AND COLLECTION  OF INFORMATION  ABOUT  CITI-
                  ZENSHIP OR IMMIGRATION STATUS PROHIBITED.
         145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
         145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
         145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
         145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
         145.45 WRITTEN CONSENT FOR INTERVIEW.
         145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
         145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
         145.60 APPLICATION OF LAWS.
 § 145.05 DUTIES  OF POLICE OFFICERS, PEACE OFFICERS, AND SCHOOL RESOURCE
            OFFICERS; IMMIGRATION.
   THE DUTIES AND AUTHORITY  OF  POLICE  OFFICERS,  PEACE  OFFICERS,  AND
 SCHOOL  RESOURCE OFFICERS SHALL NOT INCLUDE AUTHORITY TO ENGAGE IN IMMI-
 GRATION  ENFORCEMENT.  POLICE  OFFICERS,  PEACE  OFFICERS,  AND   SCHOOL
 RESOURCE  OFFICERS  SHALL  NOT  USE  PUBLIC  RESOURCES  FOR  IMMIGRATION
 ENFORCEMENT.
 § 145.10 DIRECTION BY IMMIGRATION AUTHORITIES.
   NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL  BE
 SUBJECT  TO  THE DIRECTION OR SUPERVISION OF IMMIGRATION AUTHORITIES. NO
 POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL  PARTIC-
 IPATE  IN  OR BE SUBJECT TO ANY AGREEMENT FOR THE PURPOSE OF IMMIGRATION
 ENFORCEMENT.
 § 145.15 IMMIGRATION DETAINER; QUESTIONING,  INVESTIGATION  OR  INTERRO-
            GATION PROHIBITED.
   NO  POLICE  OFFICER,  PEACE  OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE  BASIS
 OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
 SUSPECTED VIOLATION OF IMMIGRATION LAW.
 § 145.20 INQUIRY INTO AND COLLECTION OF INFORMATION ABOUT CITIZENSHIP OR
            IMMIGRATION STATUS PROHIBITED.
   1.  NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION  STATUS,  NATIONALITY,
 OR  COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
 A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
   2. NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER  SHALL
 COLLECT INFORMATION REGARDING CITIZENSHIP, IMMIGRATION STATUS, NATIONAL-
 ITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
 ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY THAT PERSON.
 A. 5686                             3
 
 § 145.25 NOTIFICATION OF IMMIGRATION AUTHORITIES PROHIBITED.
   NO  POLICE  OFFICER,  PEACE  OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 NOTIFY OR OTHERWISE COMMUNICATE WITH IMMIGRATION AUTHORITIES  REGARDING:
 (I) THE DATE, TIME, OR LOCATION THAT AN INDIVIDUAL WILL BE RELEASED FROM
 CUSTODY;  (II)  THE  TIME,  DATE,  OR  LOCATION OF AN INDIVIDUAL'S COURT
 APPEARANCE; OR (III) ANY OTHER INFORMATION AVAILABLE TO POLICE OFFICERS,
 PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS THROUGH OR AS  A  RESULT  OF
 SUCH  EMPLOYMENT  AS A POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE
 OFFICER.
 § 145.30 TRANSFER OF CUSTODY TO IMMIGRATION AUTHORITIES.
   NO POLICE OFFICER, PEACE OFFICER, OR  SCHOOL  RESOURCE  OFFICER  SHALL
 TRANSFER OR FACILITATE THE TRANSFER OF INDIVIDUALS IN HIS OR HER CUSTODY
 TO  THE CUSTODY OF IMMIGRATION AUTHORITIES ABSENT A VALID COURT ORDER OR
 JUDICIAL WARRANT ISSUED BY AN INDEPENDENT JUDGE  APPOINTED  PURSUANT  TO
 ARTICLE  III  OF  THE  UNITED  STATES CONSTITUTION OR FEDERAL MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631 COMMANDING THE ARREST  OF  SUCH
 INDIVIDUAL.
 § 145.35 ENTRY OF IMMIGRATION STATUS INTO A DATABASE.
   NO  POLICE  OFFICER,  PEACE  OFFICER, OR SCHOOL RESOURCE OFFICER SHALL
 ENTER A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY  ANY
 GOVERNMENT  ENTITY  UNLESS  REQUIRED OR NECESSARY TO ADMINISTER A PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
 § 145.40 IMMIGRATION AUTHORITIES AS INTERPRETERS PROHIBITED.
   NO POLICE OFFICER, PEACE OFFICER, OR SCHOOL RESOURCE OFFICER SHALL USE
 IMMIGRATION AUTHORITIES AS  INTERPRETERS  FOR  LAW  ENFORCEMENT  MATTERS
 RELATING  TO  INDIVIDUALS BEING INTERVIEWED, INTERROGATED, INVESTIGATED,
 OR TAKEN INTO CUSTODY.
 § 145.45 WRITTEN CONSENT FOR INTERVIEW.
   1. IN ANY INSTANCE IN  WHICH  IMMIGRATION  AUTHORITIES  ARE  PERMITTED
 ACCESS  TO AN INDIVIDUAL IN THE CUSTODY OF A POLICE OFFICER, PEACE OFFI-
 CER, OR SCHOOL RESOURCE OFFICER FOR THE PURPOSE  OF  BEING  INTERVIEWED,
 THE  OFFICER  SHALL  PROVIDE  THE INDIVIDUAL WITH A WRITTEN CONSENT FORM
 THAT EXPLAINS THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUN-
 TARY, AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR MAY CHOOSE  TO
 BE  INTERVIEWED  WITH  HIS  OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT
 FORM SHALL BE PROVIDED IN ENGLISH, SPANISH, AND  THE  FIVE  MOST  WIDELY
 SPOKEN  LANGUAGES IN THE COUNTY WHERE THE OFFICER'S AGENCY OR DEPARTMENT
 IS LOCATED.
   2. AFTER PROVIDING AN INDIVIDUAL IN CUSTODY  WITH  A  WRITTEN  CONSENT
 FORM  PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AN OFFICER SHALL KEEP
 A WRITTEN RECORD OF WHETHER    THE  INDIVIDUAL  DECLINED  AN  INTERVIEW,
 CONSENTED TO AN INTERVIEW, OR ASKED FOR AN ATTORNEY TO BE PRESENT AT THE
 INTERVIEW,  AND  WHETHER  AN  INTERVIEW  OCCURRED.  THE OFFICE OR AGENCY
 EMPLOYING SUCH OFFICER SHALL MAINTAIN ALL SUCH WRITTEN RECORDS AND SHALL
 COMPILE AN ANNUAL SUMMARY IDENTIFYING THE NUMBER OF REQUESTS FOR  INTER-
 VIEWS  RECEIVED    AND  WHETHER  EACH INDIVIDUAL DECLINED THE INTERVIEW,
 CONSENTED TO THE INTERVIEW, OR ASKED FOR AN ATTORNEY TO  BE  PRESENT  AT
 THE  INTERVIEW, AND HOW MANY INTERVIEWS OCCURRED. SUCH SUMMARY SHALL NOT
 INCLUDE THE PERSONALLY IDENTIFIABLE INFORMATION  OF  ANY  INDIVIDUAL  IN
 CUSTODY, AND SHALL BE A PUBLIC RECORD.
 § 145.50 RECEIPT OF INFORMATION REGARDING CITIZENSHIP.
   THE  PROVISIONS  OF  THIS  ARTICLE SHALL NOT PROHIBIT POLICE OFFICERS,
 PEACE OFFICERS, OR SCHOOL RESOURCE OFFICERS FROM  SENDING  OR  RECEIVING
 INFORMATION  REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS
 TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
 § 145.55 COMPLIANCE WITH COURT ORDERS AND JUDICIAL WARRANTS.
 A. 5686                             4
 
   THE PROVISIONS OF  THIS  ARTICLE  SHALL  NOT  PROHIBIT  OFFICERS  FROM
 COMPLYING  WITH  VALID  COURT  ORDERS  OR JUDICIAL WARRANTS ISSUED BY AN
 INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC  §
 631.
 § 145.60 APPLICATION OF LAWS.
   THE  PROVISIONS  OF THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY OTHER
 PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED  TO  IN  ANY
 WAY  EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO
 PARTICIPATE IN IMMIGRATION ENFORCEMENT.
   § 3. The executive law is amended by adding a  new  section  256-b  to
 read as follows:
   §  256-B.  DUTIES OF LOCAL PROBATION DEPARTMENTS REGARDING IMMIGRATION
 ENFORCEMENT.  1. FOR THE PURPOSES OF  THIS  SECTION,  THE  TERMS  "IMMI-
 GRATION  AUTHORITIES",  "IMMIGRATION  ENFORCEMENT",  "IMMIGRATION  LAW",
 "IMMIGRATION DETAINER" AND "CIVIL IMMIGRATION WARRANT"  SHALL  HAVE  THE
 SAME MEANING AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   2.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INQUIRE ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION  STATUS,  NATIONALITY,
 OR  COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMINISTER
 A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   3. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 COMMUNICATE WITH IMMIGRATION AUTHORITIES REGARDING A PERSON PRESENTLY OR
 FORMERLY  UNDER THE SUPERVISION OF SUCH AGENCY OR DEPARTMENT OR DISCLOSE
 TO IMMIGRATION AUTHORITIES INFORMATION GAINED IN THE COURSE  OF  EMPLOY-
 MENT  OR AVAILABLE AS A RESULT OF EMPLOYMENT WITH SUCH AGENCY OR DEPART-
 MENT.
   4. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 COLLECT  INFORMATION  ABOUT  A PERSON'S CITIZENSHIP, IMMIGRATION STATUS,
 NATIONALITY, OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW  OR  NECESSARY
 TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   5.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 QUESTION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL SOLELY ON THE  BASIS
 OF AN IMMIGRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR
 SUSPECTED VIOLATION OF IMMIGRATION LAW.
   6.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 PERMIT NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS  OF
 PROPERTY  OR  FACILITIES  UNDER THE CONTROL OF SUCH AGENCY OR DEPARTMENT
 UNLESS PRESENTED WITH A JUDICIAL WARRANT SIGNED BY A JUDGE OR  INDEPEND-
 ENT MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF AN INDIVID-
 UAL PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
   7.  IN  ANY  INSTANCE  IN  WHICH IMMIGRATION AUTHORITIES ARE PERMITTED
 ACCESS TO AN INDIVIDUAL UNDER THE SUPERVISION OF A PROBATION  AGENCY  OR
 DEPARTMENT FOR THE PURPOSE OF BEING INTERVIEWED, THE PROBATION AGENCY OR
 DEPARTMENT SHALL PROVIDE THE INDIVIDUAL WITH A WRITTEN CONSENT FORM THAT
 EXPLAINS  THE PURPOSE OF THE INTERVIEW, THAT THE INTERVIEW IS VOLUNTARY,
 AND THAT HE OR SHE MAY DECLINE TO BE INTERVIEWED OR  MAY  CHOOSE  TO  BE
 INTERVIEWED  WITH  HIS OR HER ATTORNEY PRESENT. THE WRITTEN CONSENT FORM
 SHALL BE PROVIDED IN ENGLISH, SPANISH, AND THE FIVE MOST  WIDELY  SPOKEN
 LANGUAGES  IN  THE  COUNTY  WHERE  THE OFFICER'S AGENCY OR DEPARTMENT IS
 LOCATED.
   8. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF,  SHALL
 ENTER  A PERSON'S IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY
 GOVERNMENT ENTITY UNLESS REQUIRED OR NECESSARY TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
 A. 5686                             5
 
   9.  NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INVESTIGATE A PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY.
   10. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 INCLUDE  A  PERSON'S IMMIGRATION STATUS OR IMMIGRATION HISTORY IN COURT-
 ORDERED REPORTS.
   11. NO PROBATION AGENCY OR DEPARTMENT, NOR ANY EMPLOYEE THEREOF, SHALL
 USE IMMIGRATION AUTHORITIES AS INTERPRETERS FOR LAW ENFORCEMENT  MATTERS
 RELATING  TO INDIVIDUALS UNDER THE SUPERVISION OF SUCH AGENCY OR DEPART-
 MENT.
   12. THE PROVISIONS OF THIS SECTION SHALL  NOT  PROHIBIT  EMPLOYEES  OF
 PROBATION  AGENCIES OR DEPARTMENTS FROM SENDING OR RECEIVING INFORMATION
 REGARDING AN INDIVIDUAL'S CITIZENSHIP OR IMMIGRATION STATUS TO  OR  FROM
 ANY LOCAL, STATE, OR FEDERAL AGENCY.
   13.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT PROHIBIT PROBATION
 DEPARTMENTS OR THEIR EMPLOYEES FROM COMPLYING WITH VALID COURT ORDERS OR
 JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED  PURSUANT  TO
 ARTICLE  III  OF  THE  UNITED  STATES CONSTITUTION OR FEDERAL MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631.
   14. THE PROVISIONS OF THIS SECTION  SHALL  APPLY  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
 ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS
 TO PARTICIPATE IN IMMIGRATION ENFORCEMENT.
   § 4. The executive law is amended by adding a  new  article  15-AA  to
 read as follows:
                               ARTICLE 15-AA
        RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES
 SECTION 319.   DEFINITIONS.
         319-A. RESTRICTIONS  ON IMMIGRATION ENFORCEMENT BY STATE EMPLOY-
                  EES.
   § 319. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "STATE ENTITY" MEANS: ANY AGENCY UNDER THE EXECUTIVE  AUTHORITY  OF
 THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVERNOR APPOINTS THE COMMISSION-
 ER  OR  HIGHEST RANKING EMPLOYEE; ANY PUBLIC BENEFIT CORPORATION, PUBLIC
 AUTHORITY, BOARD, OR COMMISSION FOR  WHICH  THE  GOVERNOR  APPOINTS  THE
 CHIEF  EXECUTIVE  OR  A  MAJORITY  OF  THE  BOARD MEMBERS; ANY DIVISION,
 DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAPTER;  THE  DEPARTMENT  OF
 EDUCATION  AND  ANY  PUBLIC SCHOOL DISTRICT OR CHARTER SCHOOL, DIVISION,
 OFFICE, OR INSTITUTION UNDER THE SUPERVISION OF THE DEPARTMENT OF EDUCA-
 TION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE PUBLIC OFFICERS LAW; THE
 DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL DIVISIONS AS DEFINED  IN
 ARTICLE  ONE OF THE CIVIL SERVICE LAW; AND ANY CONTRACTOR WHILE PERFORM-
 ING SERVICES ON BEHALF OF THE STATE.
   2. "STATE EMPLOYEE" MEANS ANY INDIVIDUAL EMPLOYED BY: ANY AGENCY UNDER
 THE EXECUTIVE AUTHORITY OF THE GOVERNOR; ANY AGENCY FOR WHICH THE GOVER-
 NOR APPOINTS THE COMMISSIONER OR HIGHEST RANKING  EMPLOYEE;  ANY  PUBLIC
 BENEFIT  CORPORATION,  PUBLIC  AUTHORITY, BOARD, OR COMMISSION FOR WHICH
 THE GOVERNOR APPOINTS THE CHIEF EXECUTIVE OR A  MAJORITY  OF  THE  BOARD
 MEMBERS;  ANY DIVISION, DEPARTMENT, OR OFFICE REGULATED UNDER THIS CHAP-
 TER; THE DEPARTMENT OF EDUCATION AND ANY PUBLIC SCHOOL DISTRICT OR CHAR-
 TER SCHOOL, DIVISION, OFFICE, OR INSTITUTION UNDER  THE  SUPERVISION  OF
 THE  DEPARTMENT  OF EDUCATION; ALL OFFICES DEFINED IN ARTICLE ONE OF THE
 PUBLIC OFFICERS LAW; THE DEPARTMENT OF CIVIL SERVICE OR ANY OF ITS CIVIL
 DIVISIONS AS DEFINED IN ARTICLE ONE OF THE CIVIL  SERVICE  LAW;  OR  ANY
 CONTRACTOR WHILE PERFORMING SERVICES ON BEHALF OF THE STATE.
 A. 5686                             6
 
   3.  FOR  THE PURPOSES OF THIS SECTION, THE TERMS "IMMIGRATION AUTHORI-
 TIES",  "IMMIGRATION  ENFORCEMENT",  "IMMIGRATION   LAW",   "IMMIGRATION
 DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   §  319-A.  RESTRICTIONS ON IMMIGRATION ENFORCEMENT BY STATE EMPLOYEES.
 1. NO STATE EMPLOYEE SHALL USE STATE RESOURCES, INCLUDING BUT NOT LIMIT-
 ED TO TIME SPENT WHILE ON DUTY OR ANY STATE  PROPERTY,  FOR  IMMIGRATION
 ENFORCEMENT PURPOSES.
   2.  NO  STATE  ENTITY  OR STATE EMPLOYEE SHALL DISCLOSE TO IMMIGRATION
 AUTHORITIES AN INDIVIDUAL'S PERSONALLY IDENTIFIABLE INFORMATION, INCLUD-
 ING, BUT NOT LIMITED TO, A PERSON'S NAME, SOCIAL SECURITY NUMBER,  PHYS-
 ICAL DESCRIPTION, HOME ADDRESS, TELEPHONE NUMBER, FINANCIAL INFORMATION,
 MEDICAL INFORMATION, PLACE OF EMPLOYMENT OR EDUCATION.
   3.  NO  STATE  ENTITY OR STATE EMPLOYEE SHALL INQUIRE ABOUT A PERSON'S
 CITIZENSHIP, IMMIGRATION STATUS,  NATIONALITY,  OR  COUNTRY  OF  ORIGIN,
 UNLESS  REQUIRED  BY  LAW OR NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR
 BENEFIT SOUGHT BY THAT PERSON.
   4. NO STATE ENTITY OR STATE EMPLOYEE SHALL COLLECT INFORMATION ABOUT A
 PERSON'S CITIZENSHIP, IMMIGRATION STATUS,  NATIONALITY,  OR  COUNTRY  OF
 ORIGIN,  UNLESS  REQUIRED  BY  LAW  OR  NECESSARY TO ADMINISTER A PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   5.  NO STATE ENTITY OR STATE EMPLOYEE SHALL QUESTION, INVESTIGATE,  OR
 INTERROGATE  AN INDIVIDUAL SOLELY ON THE BASIS OF AN IMMIGRATION DETAIN-
 ER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED VIOLATION  OF
 IMMIGRATION LAW.
   6.  NO  STATE  ENTITY  OR  STATE  EMPLOYEE  SHALL PERMIT NON-LOCAL LAW
 ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPERTY  OR  FACILI-
 TIES  OWNED BY OR UNDER THE CONTROL OF THE STATE UNLESS PRESENTED WITH A
 JUDICIAL WARRANT SIGNED BY A JUDGE OR INDEPENDENT MAGISTRATE AUTHORIZING
 A SEARCH OR SEEKING THE ARREST OF AN INDIVIDUAL PRESENT AT THE TIME  THE
 JUDICIAL WARRANT IS PRESENTED.
   7.  NO  STATE  ENTITY  OR  STATE EMPLOYEE SHALL ENTER A PERSON'S IMMI-
 GRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY STATE  ENTITY  UNLESS
 REQUIRED  OR  NECESSARY TO ADMINISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT
 BY THAT PERSON.
   8. NO STATE ENTITY OR STATE EMPLOYEE SHALL USE IMMIGRATION AUTHORITIES
 AS INTERPRETERS FOR LAW ENFORCEMENT MATTERS RELATING TO INDIVIDUALS SUCH
 ENTITIES OR EMPLOYEES INTERACT WITH AS PART OF THEIR EMPLOYMENT DUTIES.
   9. ALL REQUESTS FOR ASSISTANCE  MADE  BY  IMMIGRATION  AUTHORITIES  TO
 STATE  ENTITIES  OR STATE EMPLOYEES ACTING IN THE COURSE OF THEIR DUTIES
 AND ALL OTHER COMMUNICATIONS BETWEEN  STATE  EMPLOYEES  AND  IMMIGRATION
 AUTHORITIES  SHALL  BE  RECORDED.  EACH STATE ENTITY WHOSE EMPLOYEES ARE
 SUBJECT TO THIS SECTION SHALL ISSUE AN ANNUAL REPORT LISTING THE  NUMBER
 OF  SUCH  REQUESTS OR COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME
 OF EACH REQUEST OR COMMUNICATION, WHICH SHALL BE PROMPTLY  DELIVERED  TO
 THE OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
   10.  THIS  SECTION  SHALL NOT PROHIBIT STATE EMPLOYEES FROM SENDING OR
 RECEIVING INFORMATION REGARDING AN  INDIVIDUAL'S  CITIZENSHIP  OR  IMMI-
 GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
   11.  THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT STATE EMPLOYEES
 FROM COMPLYING WITH VALID COURT ORDERS OR JUDICIAL WARRANTS ISSUED BY AN
 INDEPENDENT JUDGE APPOINTED PURSUANT TO ARTICLE III OF THE UNITED STATES
 CONSTITUTION OR FEDERAL MAGISTRATE JUDGE APPOINTED PURSUANT TO 28 USC  §
 631.
   12.  THE  PROVISIONS  OF  THIS ARTICLE SHALL APPLY NOTWITHSTANDING ANY
 OTHER PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO  IN
 A. 5686                             7
 
 ANY  WAY EXPAND THE AUTHORITY OF STATE EMPLOYEES TO PARTICIPATE IN IMMI-
 GRATION ENFORCEMENT.
   § 5. The general municipal law is amended by adding a new article 19-C
 to read as follows:
                               ARTICLE 19-C
      DUTIES OF MUNICIPAL CORPORATIONS AND THEIR EMPLOYEES PERTAINING
                        TO IMMIGRATION ENFORCEMENT
 SECTION 995. RESTRICTION  ON  USE  OF  LOCAL  RESOURCES  FOR IMMIGRATION
                ENFORCEMENT.
   § 995. RESTRICTION ON USE OF LOCAL RESOURCES FOR IMMIGRATION  ENFORCE-
 MENT.  (A)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERMS "IMMIGRATION
 AUTHORITIES", "IMMIGRATION ENFORCEMENT", "IMMIGRATION LAW", "IMMIGRATION
 DETAINER" AND "CIVIL IMMIGRATION WARRANT" SHALL HAVE THE SAME MEANING AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (B) NO RESOURCES OF ANY MUNICIPAL CORPORATION SHALL  BE  UTILIZED  FOR
 IMMIGRATION ENFORCEMENT. FOR THE PURPOSES OF THIS SUBDIVISION, RESOURCES
 OF  A  MUNICIPAL  CORPORATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TIME
 SPENT BY THE MUNICIPAL CORPORATION'S EMPLOYEES,  OFFICERS,  CONTRACTORS,
 OR  SUBCONTRACTORS  WHILE  ON  DUTY  AND THE USE OF ANY MUNICIPAL CORPO-
 RATION'S PROPERTY.
   (C) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL DISCLOSE
 TO  IMMIGRATION  AUTHORITIES  AN  INDIVIDUAL'S  PERSONALLY  IDENTIFIABLE
 INFORMATION,  INCLUDING  BUT  NOT  LIMITED TO SUCH PERSON'S NAME, SOCIAL
 SECURITY NUMBER, PHYSICAL DESCRIPTION, ANY ASSOCIATED  ADDRESSES,  TELE-
 PHONE  NUMBER,  FINANCIAL  INFORMATION, MEDICAL INFORMATION, OR PLACE OF
 EMPLOYMENT OR EDUCATION.
   (D) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE  THEREOF,  SHALL  QUES-
 TION, INVESTIGATE, OR INTERROGATE AN INDIVIDUAL ON THE BASIS OF AN IMMI-
 GRATION DETAINER, A CIVIL IMMIGRATION WARRANT, OR AN ACTUAL OR SUSPECTED
 VIOLATION OF IMMIGRATION LAW.
   (E)  NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL INQUIRE
 ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALITY, OR  COUN-
 TRY  OF  ORIGIN,  UNLESS  REQUIRED  BY  LAW OR NECESSARY TO ADMINISTER A
 PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (F) NO MUNICIPAL CORPORATION NOR ANY EMPLOYEE THEREOF,  SHALL  COLLECT
 INFORMATION ABOUT A PERSON'S CITIZENSHIP, IMMIGRATION STATUS, NATIONALI-
 TY,  OR COUNTRY OF ORIGIN, UNLESS REQUIRED BY LAW OR NECESSARY TO ADMIN-
 ISTER A PUBLIC PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (G) NO MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL ENTER  A
 PERSON'S  IMMIGRATION STATUS INTO ANY DATABASE MAINTAINED BY ANY MUNICI-
 PAL CORPORATION UNLESS REQUIRED OR  NECESSARY  TO  ADMINISTER  A  PUBLIC
 PROGRAM OR BENEFIT SOUGHT BY SUCH PERSON.
   (H)  NO  MUNICIPAL CORPORATION, NOR ANY EMPLOYEE THEREOF, SHALL PERMIT
 NON-LOCAL LAW ENFORCEMENT AGENCIES TO ACCESS NON-PUBLIC AREAS OF PROPER-
 TY OR FACILITIES UNDER THE CONTROL OF SUCH MUNICIPAL CORPORATION  UNLESS
 PRESENTED  WITH  A  JUDICIAL  WARRANT  SIGNED  BY A JUDGE OR INDEPENDENT
 MAGISTRATE AUTHORIZING A SEARCH OR SEEKING THE ARREST OF  AN  INDIVIDUAL
 PRESENT AT THE TIME THE JUDICIAL WARRANT IS PRESENTED.
   (I)  NO  MUNICIPAL  CORPORATION,  NOR  ANY EMPLOYEE THEREOF, SHALL USE
 IMMIGRATION AUTHORITIES AS  INTERPRETERS  FOR  LAW  ENFORCEMENT  MATTERS
 RELATING  TO  INDIVIDUALS SUCH CORPORATION OR EMPLOYEES INTERACT WITH AS
 PART OF THEIR EMPLOYMENT DUTIES.
   (J) ALL REQUESTS FOR ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO LAW
 ENFORCEMENT AGENCIES WITHIN A MUNICIPAL CORPORATION AND ALL OTHER COMMU-
 NICATIONS BETWEEN LAW ENFORCEMENT OFFICERS  WITHIN  A  MUNICIPAL  CORPO-
 RATION  AND  IMMIGRATION  AUTHORITIES  SHALL BE RECORDED. EACH MUNICIPAL
 A. 5686                             8
 
 CORPORATION SHALL ISSUE AN ANNUAL REPORT  LISTING  THE  NUMBER  OF  SUCH
 REQUESTS  OR  COMMUNICATIONS AND STATING THE CONTENT AND OUTCOME OF EACH
 REQUEST OR COMMUNICATION, WHICH  SHALL  BE  PROMPTLY  DELIVERED  TO  THE
 OFFICE OF THE ATTORNEY GENERAL AND WHICH SHALL BE A PUBLIC RECORD.
   (K)  THIS  SECTION SHALL NOT PROHIBIT MUNICIPAL EMPLOYEES FROM SENDING
 OR RECEIVING INFORMATION REGARDING AN INDIVIDUAL'S CITIZENSHIP OR  IMMI-
 GRATION STATUS TO OR FROM ANY LOCAL, STATE, OR FEDERAL AGENCY.
   (L) THE PROVISIONS OF THIS ARTICLE SHALL NOT PROHIBIT MUNICIPAL CORPO-
 RATIONS  OR  THEIR  EMPLOYEES  FROM COMPLYING WITH VALID COURT ORDERS OR
 JUDICIAL WARRANTS ISSUED BY AN INDEPENDENT JUDGE APPOINTED  PURSUANT  TO
 ARTICLE  III  OF  THE  UNITED  STATES CONSTITUTION OR FEDERAL MAGISTRATE
 JUDGE APPOINTED PURSUANT TO 28 USC § 631, OR FROM COMPLYING  WITH  VALID
 WRITS OF HABEAS CORPUS AD PROSEQUENDUM OR HABEAS CORPUS AD TESTIFICANDUM
 ISSUED BY A STATE COURT WITH THE AUTHORITY TO DO SO PURSUANT TO SECTIONS
 580.30  AND  650.30  OF THE CRIMINAL PROCEDURE LAW UPON APPLICATION BY A
 DISTRICT ATTORNEY.
   (M) THE PROVISIONS OF THIS ARTICLE  SHALL  APPLY  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS OF STATE OR LOCAL LAW AND SHALL NOT BE CONSTRUED TO IN
 ANY WAY EXPAND THE AUTHORITY OF STATE AND LOCAL EMPLOYEES TO PARTICIPATE
 IN IMMIGRATION ENFORCEMENT.
   § 6. Section 500-c of the correction law is amended by  adding  a  new
 subdivision 4-a to read as follows:
   4-A.  (A) THE CHIEF ADMINISTRATIVE OFFICER SHALL NOT, BY FORMAL AGREE-
 MENT OR OTHERWISE, ALLOW ANY OFFICER OR EMPLOYEE OF A COUNTY CORRECTION-
 AL FACILITY TO BE SUBJECT TO THE DIRECTION OR SUPERVISION OF IMMIGRATION
 AUTHORITIES, AS DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (B) THE CHIEF ADMINISTRATIVE OFFICER SHALL ENSURE THAT NO  OFFICER  OR
 EMPLOYEE  OF A COUNTY CORRECTIONAL FACILITY SPENDS TIME WHILE ON DUTY OR
 USES CORRECTIONAL FACILITY RESOURCES  FOR  IMMIGRATION  ENFORCEMENT,  AS
 DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   (C)  ALL  REQUESTS  FOR  ASSISTANCE MADE BY IMMIGRATION AUTHORITIES TO
 COUNTY JAILS OR THEIR OFFICERS ACTING IN THE COURSE OF THEIR DUTIES  AND
 ALL  OTHER  COMMUNICATIONS BETWEEN CORRECTIONS PERSONNEL AND IMMIGRATION
 AUTHORITIES SHALL BE RECORDED. THE CHIEF  ADMINISTRATIVE  OFFICER  SHALL
 PRODUCE  AN  ANNUAL  REPORT LISTING ALL SUCH REQUESTS AND COMMUNICATIONS
 AND STATING THE CONTENT AND OUTCOME OF REQUEST OR  COMMUNICATION,  WHICH
 SHALL  BE  PROMPTLY  DELIVERED TO THE OFFICE OF THE ATTORNEY GENERAL AND
 WHICH SHALL BE A PUBLIC RECORD.
   § 7. Section 147 of the correction law is REPEALED.
   § 8. Section 500-f of the correction law is REPEALED.
   § 9. Section 621 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  THIS  SECTION SHALL NOT BE CONSTRUED TO PERMIT ANY LAW ENFORCEMENT
 OFFICER OR AGENCY OF THIS STATE OR ITS SUBDIVISIONS TO PARTICIPATE IN OR
 ASSIST WITH IMMIGRATION ENFORCEMENT, AS DEFINED IN SECTION 1.20  OF  THE
 CRIMINAL  PROCEDURE  LAW.    ALL  LAW  ENFORCEMENT  OFFICERS OR AGENCIES
 FURNISHING INFORMATION TO AGENCIES OF OTHER JURISDICTIONS  SHALL  OBTAIN
 FROM THE RECIPIENT AGENCY A CERTIFICATION THAT SUCH INFORMATION WILL NOT
 BE USED FOR IMMIGRATION ENFORCEMENT.
   §  10.  The  executive  law is amended by adding a new section 63-e to
 read as follows:
   § 63-E. IMMIGRATION STATUS REPORTS AND DATABASES. 1. THE OFFICE OF THE
 ATTORNEY GENERAL SHALL REVIEW ALL REPORTS PROVIDED  TO  IT  PURSUANT  TO
 ARTICLE  FIFTEEN-AA  OF  THIS CHAPTER, ARTICLE NINETEEN-C OF THE GENERAL
 MUNICIPAL LAW, AND ARTICLE  TWENTY  OF  THE  CORRECTION  LAW  AND  SHALL
 PREPARE AN ANNUAL SUMMARY OF SUCH REPORTS, WHICH SHALL ALSO IDENTIFY ANY
 A. 5686                             9
 
 ALLEGED  OMISSIONS  OR DISCREPANCIES IN THE REPORTED INFORMATION AND ANY
 INFORMATION THAT MAY INDICATE A VIOLATION OF  STATE  LAW.  SUCH  SUMMARY
 SHALL BE A PUBLIC RECORD.
   2.  THE  ATTORNEY  GENERAL  SHALL  ESTABLISH  A  SYSTEM TO SOLICIT AND
 RECEIVE COMPLAINTS FROM THE PUBLIC ABOUT IMPROPER USE  OF  RESOURCES  BY
 STATE  OR  LOCAL  ENTITIES  OR EMPLOYEES FOR IMMIGRATION ENFORCEMENT AND
 IMPROPER SHARING OF INFORMATION BY STATE OR LOCAL ENTITIES OR  EMPLOYEES
 WITH IMMIGRATION AUTHORITIES. THE ATTORNEY GENERAL SHALL INVESTIGATE ALL
 SUCH  COMPLAINTS TO DETERMINE WHETHER A VIOLATION OF STATE LAW OCCURRED,
 AND MAY BRING CIVIL ACTIONS AGAINST STATE OR LOCAL ENTITIES OR EMPLOYEES
 ACTING IN THEIR OFFICIAL CAPACITY IN THE NAME OF THE PEOPLE OF THE STATE
 OF NEW YORK TO OBTAIN APPROPRIATE EQUITABLE OR DECLARATORY RELIEF IF THE
 ATTORNEY GENERAL DETERMINES THAT A VIOLATION OF STATE LAW OCCURRED.
   3. FOR ANY DATABASES OPERATED BY STATE AND LOCAL LAW ENFORCEMENT AGEN-
 CIES, INCLUDING DATABASES MAINTAINED FOR THE AGENCY BY PRIVATE  VENDORS,
 THE ATTORNEY GENERAL SHALL, BY THE FIRST OF JANUARY FOLLOWING THE EFFEC-
 TIVE  DATE  OF THIS SECTION, IN CONSULTATION WITH APPROPRIATE STAKEHOLD-
 ERS, PUBLISH GUIDANCE,  AUDIT  CRITERIA,  AND  TRAINING  RECOMMENDATIONS
 AIMED  AT  ENSURING  THAT  SUCH  DATABASES ARE GOVERNED IN A MANNER THAT
 LIMITS THE AVAILABILITY OF INFORMATION CONTAINED THEREIN, TO THE FULLEST
 EXTENT PRACTICABLE AND CONSISTENT WITH FEDERAL AND STATE LAW, TO  ANYONE
 OR ANY ENTITY FOR THE PURPOSE OF IMMIGRATION ENFORCEMENT.  ALL STATE AND
 LOCAL LAW ENFORCEMENT AGENCIES ARE ENCOURAGED TO ADOPT NECESSARY CHANGES
 TO DATABASE GOVERNANCE POLICIES CONSISTENT WITH SUCH GUIDANCE.
   §  11. This act shall take effect immediately; provided, however, that
 the amendments to section 500-c of the correction law  made  by  section
 six of this act shall not affect the repeal of such section and shall be
 deemed repealed therewith.