S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2262
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A. GANDOLFO, E. BROWN, BARCLAY, DURSO, ANGELINO,
   MAHER, GRAY, SLATER, BRABENEC,  TAGUE,  DeSTEFANO,  DiPIETRO,  JENSEN,
   PALMESANO,  LEMONDES,  SMULLEN,  K. BROWN, SIMPSON, McDONOUGH, GIGLIO,
   NOVAKHOV, RA, REILLY, FRIEND, BLUMENCRANZ, GALLAHAN -- read  once  and
   referred to the Committee on Codes

 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.
                                                            LBD04588-01-5
 A. 2262                             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] THE COMMISSIONER'S recommendations as to depor-
 tation,  to  be  forwarded  to the United States immigration authorities
 having such matters in charge. THE COMMISSIONER SHALL NOTIFY THE  UNITED
 STATES  IMMIGRATION  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.