Bill Text: NY S05242 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates the "Dignity for Immigrants in New York State Act", prohibiting detention of individuals based only on the violation of federal immigration laws.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO FINANCE [S05242 Detail]

Download: New_York-2019-S05242-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5242
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 18, 2019
                                       ___________
        Introduced  by Sens. SERRANO, KRUEGER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Finance
        AN ACT to amend the executive law, in relation to creating  the  Dignity
          for  Immigrants  in New York State Act prohibiting state and local law
          enforcement agencies from detaining  individuals  based  only  on  the
          violation of federal immigration laws
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited  as  the  "Dignity
     2  for Immigrants in New York State Act".
     3    §  2. The executive law is amended by adding a new section 844 to read
     4  as follows:
     5    § 844. Detainment for violation of federal  immigration  laws.  A  law
     6  enforcement  agency of the state or a political subdivision of the state
     7  shall not detain persons otherwise eligible  for  release  from  custody
     8  whose only violation of law is that they are persons of foreign citizen-
     9  ship  who have entered or are residing in the United States in violation
    10  of federal immigration laws in Title 8 of the United States code; unless
    11  such person has been convicted of a violent felony offense as defined in
    12  section 70.02 of the penal law or convicted within the past  five  years
    13  of  any of the following misdemeanors: 1. assault in the third degree as
    14  defined in section 120.00 of the penal law; 2. reckless endangerment  in
    15  the  second  degree  as  defined  in section 120.20 of the penal law; 3.
    16  sexual misconduct as defined in section 130.20  of  the  penal  law;  4.
    17  forcible  touching  as  defined  in  section 130.52 of the penal law; 5.
    18  sexual abuse in the second degree as defined in section  130.60  of  the
    19  penal  law; 6. killing or injuring a police animal as defined in section
    20  195.06 of the penal law; 7. harming an animal trained to  aid  a  person
    21  with  a  disability  in the first degree as defined in section 195.12 of
    22  the penal law; 8. unlawful imprisonment in the second degree as  defined
    23  in  section  135.05  of  the  penal law; 9. endangering the welfare of a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03153-01-9
        S. 5242                             2
     1  child as defined in section 260.10 of the penal law; 10. endangering the
     2  welfare of an incompetent or physically disabled person  in  the  second
     3  degree as defined in section 260.24 of the penal law.
     4    § 3. This act shall take effect immediately.