Bill Text: NY A05325 | 2019-2020 | 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 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A05325 Detail]

Download: New_York-2019-A05325-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5325
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 8, 2019
                                       ___________
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Codes
        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    § 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    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00977-01-9