Bill Text: NY S05960 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 5960 (Prior Session Legislation)

Introduced

Bill Title: Prohibits detention of individuals based only on the violation of federal immigration laws.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S05960 Detail]

Download: New_York-2013-S05960-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5960
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   October 21, 2013
                                      ___________
       Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to create the Dignity for Immigrants in New York State  Act;  and
         to amend the executive law, in relation to 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    S 2. The executive law is amended by adding a new section 844 to  read
    4  as follows:
    5    S  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.
                                                                  LBD11921-05-3
       S. 5960                             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    S 3. This act shall take effect immediately.