Bill Text: NY S08209 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits law enforcement agencies or officers from inquiring about immigration status unless a person is booked into a detention facility or the immigration status of a person is pertinent to the criminal investigation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-16 - REFERRED TO RULES [S08209 Detail]

Download: New_York-2009-S08209-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8209
                                   I N  S E N A T E
                                     June 16, 2010
                                      ___________
       Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the executive law, in  relation  to  prohibiting  a  law
         enforcement agency or officer from inquiring about immigration status
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section 844 to
    2  read as follows:
    3    S 844. INQUIRY INTO IMMIGRATION STATUS LIMITED.  A.  IN  CONDUCTING  A
    4  ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITY, INCLUDING AN INTERVIEW, A
    5  DETENTION,  A  TRAFFIC STOP, A PEDESTRIAN STOP, A FRISK OR OTHER TYPE OF
    6  BODILY SEARCH OR A SEARCH OF PERSONAL OR REAL PROPERTY, A  LAW  ENFORCE-
    7  MENT AGENCY OR A LAW ENFORCEMENT OFFICER SHALL NOT INQUIRE ABOUT OR SEEK
    8  PROOF OF A PERSON'S IMMIGRATION STATUS.
    9    B.  IN  CONDUCTING  AN  INVESTIGATORY  ACTIVITY  IN CONNECTION WITH AN
   10  INVESTIGATION, A LAW ENFORCEMENT AGENCY OR  A  LAW  ENFORCEMENT  OFFICER
   11  SHALL  NOT  INQUIRE ABOUT OR SEEK PROOF OF A VICTIM'S OR WITNESS'S IMMI-
   12  GRATION STATUS.
   13    C. IN CONDUCTING AN  INVESTIGATORY  ACTIVITY  IN  CONNECTION  WITH  AN
   14  INVESTIGATION,  A  LAW  ENFORCEMENT  AGENCY OR A LAW ENFORCEMENT OFFICER
   15  SHALL NOT INQUIRE ABOUT OR SEEK PROOF OF A PERSON'S IMMIGRATION  STATUS,
   16  UNLESS:
   17    (1) THE PERSON IS BOOKED INTO A DETENTION FACILITY; OR
   18    (2)  THE  PERSON  IS  ARRESTED FOR A VIOLATION OF THE PENAL LAW OF THE
   19  STATE OR A POLITICAL SUBDIVISION OF THE STATE AND THE IMMIGRATION STATUS
   20  OF THAT PERSON IS PERTINENT TO THE CRIMINAL INVESTIGATION.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17721-01-0