S T A T E O F N E W Y O R K ________________________________________________________________________ 1865 2011-2012 Regular Sessions I N S E N A T E January 13, 2011 ___________ Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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. LBD06304-01-1