Bill Text: NY A02325 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to allowing disclosures in furtherance of the enforcement of state law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to transportation [A02325 Detail]

Download: New_York-2023-A02325-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2325

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Transportation

        AN ACT to amend the vehicle and traffic law,  in  relation  to  allowing
          disclosures in furtherance of the enforcement of state law

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 12 of section 201 of the vehi-
     2  cle and traffic law, as amended by section 1 of part YYY of  chapter  58
     3  of the laws of 2020, is amended to read as follows:
     4    (a)  Except as required for the commissioner to issue or renew a driv-
     5  er's license or learner's permit that meets federal standards for  iden-
     6  tification,  as  necessary  for  an individual seeking acceptance into a
     7  trusted traveler  program,  or  to  facilitate  vehicle  imports  and/or
     8  exports,  the commissioner, and any agent or employee of the commission-
     9  er, shall not disclose or make  accessible  in  any  manner  records  or
    10  information  that  he  or  she  maintains,  to any agency that primarily
    11  enforces immigration law or to any employee or  agent  of  such  agency,
    12  unless:  (i)  the commissioner is presented with a lawful court order or
    13  judicial warrant signed by a judge appointed pursuant to article III  of
    14  the  United  States  constitution; or (ii) the employee or agent of such
    15  agency is solely enforcing state law or federal  criminal  law  and  not
    16  immigration  law.  Upon receiving a request for such records or informa-
    17  tion from an agency that primarily enforces immigration law, the commis-
    18  sioner shall, no later than three days after such  request,  notify  the
    19  individual  about  whom  such  information was requested, informing such
    20  individual of the request and the identity of the agency that made  such
    21  request unless such notification would interfere with a federal criminal
    22  investigation.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03932-01-3