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

BILL NUMBER:S3189

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: Subparagraph (ii)of paragraph (b) and paragraph (c) of subdivision 4 of section 140.10 of the criminal procedure law, subparagraph (ii) or paragraph (b) as amended by chapter 107 of the laws of 2004 and paragraph (c) as amended by chapter 4 of the laws of 1997 are amended. 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 subdivision 2 of section 530.11 of the criminal procedure law by adding a new paragraph (j): 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 adds a new subdivision 3 to section 459-h of the social services law: All information related to a victim of domestic violence's immigration status shall be kept confidential and shall not be disclosed for any purpose, including such investigations that may be conducted by a local, state, or federal law enforcement agency relating to said individual's immigration status.

Section 6 amends subdivision 2 of section 812 of the family court act by adding a new paragraph (h): That any information regarding the petitioner's immigration status shall be kept confidential and will not be referred or reported to any local, state, or federal law enforcement agency.

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 previously introduced.

Fiscal implications

None to the state.

Effective date

This act shall take effect immediately.