Amd §160.20, add §370.30, CP L; amd §70.15, rpld §70.15 sub 1-a, Pen L; rpld §28, Civ Rts L; rpld §4-a, §212
sub 2 ¶(aa), Judy L
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; 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: A9167
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; and to repeal certain provisions of the penal
law, the civil rights law and the judiciary law, in relation to repeal-
ing provisions of the "protect our courts act"
PURPOSE OR GENERAL IDEA OF BILL:
To require notification be provided to the United State Immigration and
Customs Enforcement Agency by law enforcement and the courts, and to
reverse policies designed to make it difficult for state and local offi-
cials to assist federal authorities with enforcement of federal immi-
gration law
SUMMARY OF PROVISIONS:
Section 1 amends § 160.20 of the criminal procedure law to require
police and law enforcement agencies in New York State to forward copies
of fingerprints and associated reports detailing an arrest of non-citiz-
ens of the United States to the US Immigration and Customs Enforcement
Agency
Section 2 adds a new section § 370.30 to the criminal procedure law to
require all criminal courts, city courts, town courts, and village
courts within the State of NeW York to notify the US Immigration and
Customs Enforcement agency upon the conviction of a non-citizen of the
United States for a felony or misdemeanor
Section 3 amends subdivisions 1 and 3 of § 70.15 of the penal law, to
reinstate the maximum one-year sentence for a class A misdemeanor that
existed prior to the changes pursuant to section 1 of part 00 of chapter
55 of the laws of 2019
Section 4 repeals subdivision 1-a of § 70.15 of the penal law to ensure
a definite sentence or maximum definite sentence of imprisonment for a
misdemeanor conviction in the state can be one-year instead of three
hundred sixty-four days
Section 5 repeals § 28 of the civil rights law as added by chapter 322
of the laws of 2020 which currently prevents certain immigration-related
courthouse arrests
Section 6 repeals § 4-a of the judiciary law granting courts the power
to issue judicial orders to protect certain civil arrests
Section 7 repeals paragraph (aa) of subdivision 2 of § 212 of the judi-
ciary law, as added by chapter 322 of the laws of 2020, which currently
includes provisions that prevent certain immigration-related courthouse
arrests
Section 8 includes the effective date
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 borders.
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 and 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:
IMMEDIATELY
