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".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9167A
SPONSOR: Gandolfo TITLE OF BILL:
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; to amend the correction law, in relation to
requiring notification of the United States Immigration and Customs
Enforcement agency prior to the release of certain noncitizens; 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"
PURPOSE OR GENERAL IDEA OF BILL:
Requires law enforcement and courts to notify the United States Immi-
gration and Customs Enforcement agency when an arrested person or
defendant is not a United States citizen
SUMMARY OF PROVISIONS:
Section 1. Section 160.20 of the criminal procedure law, as amended by
chapter 108 of the laws of 1973, is amended to read as follows : §
160.20 Fingerprinting; forwarding of fingerprints.
(a) Upon the taking of fingerprints of an arrested person or defendant
as prescribed in section 160.10 of this article, the appropriate police
officer or agency must without unnecessary delay forward two copies of
such fingerprints to the division of criminal justice services.
(b) In the event the arrested person or defendant as prescribed in
Section 160.10 of this article is not a citizen of the United States,
the police officer or local law enforcement agency where the intake was
performed shall forward copies of such fingerprint and associated
reports detailing the arrest to the United States Immigration and
Customs Enforcement agency. The requirement to notify the United States
Immigration and Customs Enforcement agency shall apply to all police and
Law enforcement agencies within the state of New York.
2. The criminal procedure law is amended by adding a new section 370.30
to read as follows:
370.30 Procedure for court notification.
Upon a conviction for a felony or misdemeanor the court in which the
Defendant was convicted shall immediately notify the United Stat es
Immigration and Customs Enforcement agency when the defendant is not a
citizen of the United States. Such requirement shall apply to all crimi-
nal courts, city courts, town courts and village courts within the state
of New York as those terms are defined in section 10.10 of this chapter.
§ 3. Subdivisions 1 and 3 of section 70.15 of the penal law, as amended
by section 1 of part 00 of chapter 55 of the laws of 2019, are amended
to read as follows:
1. Class A misdemeanor. A sentence of imprisonment for a class A misde-
meanor shall be a definite sentence. When such a sentence is imposed the
term shall be fixed by the court, and shall not exceed (three hundred
sixty-four days) one year.
3. Unclassified misdemeanor. A sentence of imprisonment for an unclassi-
fied misdemeanor shall be a definite sentence. When such a sentence is
imposed the term shall be fixed by the court, and shall be in accordance
with the sentence specified in the law or ordinance that defines the
crime (but, in any event, it shall not exceed three hundred sixty-four
days).
§ 4. Section 147 of the correction law, as amended by chapter 669 of the
laws of 2022, is amended to read as follows:
§ 147. Noncitizen incarcerated individuals of correctional facilities.
The commissioner shall within three months after admission of a nonciti-
zen incarcerated individual to a correctional facility cause a n inves-
tigation to be made of the record and past history of such noncitizen
and shall upon the termination of such investigation cause the record of
such noncitizen, together with all facts disclosed by such investi-
gation, and his or her recommendations as to deportation, to be
forwarded to the United States immigration authorities having such
matters in charge. The commissioner shall notify the United States Immi-
gration and Customs Enforcement agency of the discharge, parole or
release of a noncitizen incarcerated individual at least five days prior
to such discharge, parole or release.
§ 5. Section 500-c of the correction law is amended by adding a new
subdivision 29 to read as follows:
29.Notwithstanding any other provision of law, the chief administrative
officer of any local correctional facility operated by the county or the
city of New York, or a secure facility operated by the office of chil-
dren and family services, shall notify the United States Immigration And
Customs Enforcement agency of the release of a noncitizen individual who
has been detained or confined at such facility at least five days prior
to such release or as soon as practicable if release will occur within
less than five days.
§ 6. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
§ 7. Section 28 of the civil rights law, as added by chapter 322 of the
laws of 2020, is REPEALED.
§ 8. Section 4-a of the judiciary law is REPEALED.
§ 9. Paragraph (aa) of subdivision 2 of section 212 of the judiciary
law, as added by chapter 322 of the laws of 2020, is REPEALED.
§ 10. This act shall take effect immediately; provided, however, that
the amendments to section 500-c of the correction law made by section
five of this act shall not affect the repeal of such section and shall
be deemed repealed therewith.
JUSTIFICATION:
The current migrant crisis facing New York State has shined a light on
the failure of national leaders to fully secure the nation's b orders.
Unfortunately, New York State has made it difficult for local and state
law enforcement officials to work with their federal colleagues to
effectively enforce federal. immigration law.
As we have seen with recent stories of migrants physically assaulting
New York law enforcement officials, and the failure of local an d State
officials to ensure the safety of New Yorkers by allowing the release of
such individuals, it is imperative for us to work in concert with our
federal counterparts to enforce our immigration laws. We can no longer
allow for ill-advised policies designed to handcuff our great local and
state law enforcement officials from getting dangerous individuals off
our streets to be enshrined in our laws.
In order to begin to change course, this bill would require local and
state law enforcement and certain courts across New York, to notify ICE
of an arrest or conviction of non-citizens of the United States, would
reinstitute the maximum sentence of 365 days for a class A misdemeanors
that existed prior to the enactment of section 1 of part 00 of chapter
55 of the laws of 2019, and would repeal the "protect our courts act" of
2020 which was designed to make it difficult to enforce federal immi-
gration laws.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 500-c of the correction law made by section five
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
