What's happening
This bill prohibits law enforcement and peace officers from asking victims or witnesses about their immigration status, except when necessary to investigate a crime.
Why it matters
Encourages victims and witnesses, regardless of immigration status, to report crimes and cooperate with law enforcement. by reducing fear of deportation or immigration-related questioning, which can be a significant barrier to coming forward.
Limits the scope of law enforcement questioning to only what is necessary for investigating the crime itself. , potentially preventing fishing expeditions or misuse of immigration status to intimidate or dissuade cooperation.
Establishes a clear legal standard for all state and local police and peace officers. , creating uniformity and reducing ambiguity in how officers interact with immigrant communities across New York.
May help improve community trust in law enforcement. , especially among immigrant populations, which can lead to better crime reporting, investigation outcomes, and overall public safety.
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Who cares
Headline styles
Protect Crime Victims' Privacy
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stop Police Immigration Questions
In Assembly Committee · Codes · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4602
2019-2020 Regular Sessions
IN SENATE
March 15, 2019
Introduced by Sen. PARKER -- 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 law enforcement officers and peace officers from inquiring about the immigration status of a victim or witness to a criminal offense
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 837-t to read as follows:
§ 837-t. Prohibitions on law enforcement officers and peace officers. 1. A law enforcement officer or a peace officer may not inquire as to the immigration status of a victim of or witness to a criminal offense except as necessary to investigate the offense.
2. For the purposes of this section "law enforcement officer" means a state or local police officer and "peace officer" means any person designated as a peace officer pursuant to section 2.10 of the criminal procedure law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08191-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to prohibiting law enforcement officers and peace officers from inquiring about the immigration status of a victim or witness to a criminal offense
Purpose or general idea of bill
Provide victims and witnesses the opportunity to come forward about crimes without fear of actions dealing with retribution and/or detri- mental effect to their immigration status.
Summary of specific provisions
Section one of the bill adds a new section 837-S to the executive law which would prohibit police or peace officers from inquiring in to the immigration status of a victim of or witness to a criminal offense, unless such inquiry is necessary to investigate such offense.
Section two is the effective date.
Justification
To ensure that criminals are removed from the general population regard- less of the immigration status of victims and witnesses involved in the crime.
Prior legislative history
2017-18: 52833 - Referred to Finance 2015-16: S.1410 - Referred to Finance 2013-14: S.3121/A.6700 - Referred to Finance / Referred to Codes 2011-12: S.3619A/A.1655A - Referred to Codes/order to third reading 2009-10: A.11590A - Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.