Prohibits disclosure of immigration status for victims of domestic violence; adds enhanced penalties for coercive threats to expose immigration status of victims

BILL NUMBER:S486

Title of bill

An act to amend the criminal procedure law, the social services law, the family court act, the penal law and the executive law, in relation to maintaining the confidentiality of immigration status for victims of domestic violence

Purpose or general idea of bill

The purpose of this bill is to ensure that all women in New York State feel safe to report domestic violence incidents.

Summary of specific provisions

Section 1 of the bill gives the short title, the "New York State Violence Against Women Act".

Section 2 of the bill amends section 140.10 of the criminal procedure law, to provide that state and local officers making arrests in domestic violence cases shall not inquire as to the immigration status of the victim. It further provides that if the officer inadvertently learns of it, he should not report the status to any local, state, or federal law enforcement agency.

Section 3 of the bill amends section 530.11 of the criminal procedure law to provide that petitioners requesting orders of protection shall have confidentiality in their immigration status.

Section 4 of the bill adds a new section 2.25 to the criminal procedure law, prohibiting a law enforcement officer to inquire as to the immigration status of a domestic violence victim during an investigation.

Sections 5 and 6 of the bill add new language to section 459-h of the social services law and section 812 of the family court act, respectively, providing for confidentiality of immigration status during investigations and proceedings by those entities.

Section 7 adds a new section 70.11 to the penal law, providing that in domestic violence cases, the court may take as an aggravating factor that an abuser threatened to expose a victim's domestic violence status.

Section 8 of the bill adds a new section 844 to the executive law, prohibiting law enforcement officers from referring any information regarding immigration status to federal law enforcement in the context of a domestic violence investigation.

Justification

One in four women is a victim of domestic violence sometime during adulthood, according to the National Coalition Against Domestic Violence. The incidence is even higher for immigrant women, especially those who are undocumented. Undocumented women live in fear that if they report their abuse, they will be deported. This bill ensures that no woman in New York State need fear ending her abuse.

Prior legislative history

This legislation was introduced in 2012 (S.7412) with Assemblywoman Meng (A.10286)

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.