Bill Text: NY A09167 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires law enforcement and courts to notify the United States Immigration and Customs Enforcement agency (ICE) when an arrested person or defendant is not a United States citizen; adjusts certain maximum sentences for class A misdemeanors and unclassified misdemeanors; requires notification to be made to the United States Immigration and Customs Enforcement agency prior to the release of certain noncitizens; repeals provisions of the "protect our courts act".

Spectrum: Partisan Bill (Republican 32-0)

Status: (Introduced) 2024-09-16 - print number 9167a [A09167 Detail]

Download: New_York-2023-A09167-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9167

                   IN ASSEMBLY

                                    February 12, 2024
                                       ___________

        Introduced by M. of A. GANDOLFO -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law, in relation to requiring law
          enforcement  and  courts  to  notify the United States Immigration and
          Customs Enforcement agency when an arrested person or defendant is not
          a United States citizen; to  amend  the  penal  law,  in  relation  to
          adjusting  certain maximum sentences; and to repeal certain provisions
          of the penal law, the civil rights  law  and  the  judiciary  law,  in
          relation to repealing provisions of the "protect our courts act"

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

     1    Section 1. Section 160.20 of the criminal procedure law, as amended by
     2  chapter 108 of the laws of 1973, is amended to read as follows:
     3  § 160.20 Fingerprinting; forwarding of fingerprints.
     4    (a) Upon the taking of fingerprints of an arrested person or defendant
     5  as prescribed in section 160.10 of this article, the appropriate  police
     6  officer  or  agency must without unnecessary delay forward two copies of
     7  such fingerprints to the division of criminal justice services.
     8    (b) In the event the arrested person or  defendant  as  prescribed  in
     9  section  160.10  of  this article is not a citizen of the United States,
    10  the police officer or local law enforcement agency where the intake  was
    11  performed  shall  forward  copies  of  such  fingerprints and associated
    12  reports detailing the  arrest  to  the  United  States  Immigration  and
    13  Customs  Enforcement agency. The requirement to notify the United States
    14  Immigration and Customs Enforcement agency shall apply to all police and
    15  law enforcement agencies within the state of New York.
    16    § 2. The criminal procedure law is amended by  adding  a  new  section
    17  370.30 to read as follows:
    18  § 370.30 Procedure for court notification.
    19    Upon  a  conviction for a felony or misdemeanor the court in which the
    20  defendant was convicted shall immediately notify the United States Immi-
    21  gration and Customs Enforcement agency when the defendant is not a citi-
    22  zen of the United States. Such requirement shall apply to  all  criminal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14426-01-4
        A. 9167                             2

     1  courts,  city courts, town courts and village courts within the state of
     2  New York as those terms are defined in section 10.10 of this chapter.
     3    §  3.  Subdivisions  1  and  3  of  section 70.15 of the penal law, as
     4  amended by section 1 of part OO of chapter 55 of the laws of  2019,  are
     5  amended to read as follows:
     6    1.  Class  A  misdemeanor.  A  sentence  of imprisonment for a class A
     7  misdemeanor shall be a  definite  sentence.  When  such  a  sentence  is
     8  imposed  the  term  shall  be  fixed  by the court, and shall not exceed
     9  [three hundred sixty-four days] one year.
    10    3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
    11  sified misdemeanor shall be a definite sentence. When such a sentence is
    12  imposed the term shall be fixed by the court, and shall be in accordance
    13  with the sentence specified in the law or  ordinance  that  defines  the
    14  crime  [but,  in any event, it shall not exceed three hundred sixty-four
    15  days].
    16    § 4. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
    17    § 5. Section 28 of the civil rights law, as added by  chapter  322  of
    18  the laws of 2020, is REPEALED.
    19    § 6. Section 4-a of the judiciary law is REPEALED.
    20    §  7.  Paragraph (aa) of subdivision 2 of section 212 of the judiciary
    21  law, as added by chapter 322 of the laws of 2020, is REPEALED.
    22    § 8. This act shall take effect immediately.