S 2538 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S02538 Summary: BILL NO S02538 &nbsp SAME AS SAME AS A02262

&nbsp SPONSOR LANZA &nbsp COSPNSR ORTT, BORRELLO, CANZONERI-FITZPATRICK, GALLIVAN, GRIFFO, HELMING, MATTERA, MURRAY, OBERACKER, O'MARA, PALUMBO, RHOADS, STEC, TEDISCO, WEBER &nbsp MLTSPNSR &nbsp Amd §160.20, add §370.30, CP L; amd §70.15, rpld §70.15 sub 1-a, Pen L; amd §§147 & 500-c, Cor L; rpld §28, Civ Rts L; rpld §4-a, §212 sub 2 ¶(aa), Judy L &nbsp 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".

Go to top S02538 Text:

STATE OF NEW YORK ________________________________________________________________________

2538

2025-2026 Regular Sessions

IN SENATE

January 21, 2025 ___________

Introduced by Sens. LANZA, ORTT, BORRELLO, CANZONERI-FITZPATRICK, GALLI- VAN, GRIFFO, HELMING, MATTERA, MURRAY, OBERACKER, O'MARA, PALUMBO, RHOADS, STEC, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

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 noncit- izens; 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"

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Section 160.20 of the criminal procedure law, as amended by 2 chapter 108 of the laws of 1973, is amended to read as follows: 3 § 160.20 Fingerprinting; forwarding of fingerprints. 4 (a) Upon the taking of fingerprints of an arrested person or defendant 5 as prescribed in section 160.10 of this article , the appropriate police 6 officer or agency must without unnecessary delay forward two copies of 7 such fingerprints to the division of criminal justice services. 8 (b) In the event the arrested person or defendant as prescribed in 9 section 160.10 of this article is not a citizen of the United States, 10 the police officer or local law enforcement agency where the intake was 11 performed shall forward copies of such fingerprints and associated 12 reports detailing the arrest to the United States Immigration and 13 Customs Enforcement agency. The requirement to notify the United States 14 Immigration and Customs Enforcement agency shall apply to all police and 15 law enforcement agencies within the state of New York.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04588-01-5

S. 2538 2

1 § 2. The criminal procedure law is amended by adding a new section 2 370.30 to read as follows: 3 § 370.30 Procedure for court notification. 4 Upon a conviction for a felony or misdemeanor the court in which the 5 defendant was convicted shall immediately notify the United States Immi- 6 gration and Customs Enforcement agency when the defendant is not a citi- 7 zen of the United States. Such requirement shall apply to all criminal 8 courts, city courts, town courts and village courts within the state of 9 New York as those terms are defined in section 10.10 of this chapter. 10 § 3. Subdivisions 1 and 3 of section 70.15 of the penal law, as 11 amended by section 1 of part OO of chapter 55 of the laws of 2019, are 12 amended to read as follows: 13 1. Class A misdemeanor. A sentence of imprisonment for a class A 14 misdemeanor shall be a definite sentence. When such a sentence is 15 imposed the term shall be fixed by the court, and shall not exceed 16 [ three hundred sixty-four days ] one year . 17 3. Unclassified misdemeanor. A sentence of imprisonment for an unclas- 18 sified misdemeanor shall be a definite sentence. When such a sentence is 19 imposed the term shall be fixed by the court, and shall be in accordance 20 with the sentence specified in the law or ordinance that defines the 21 crime [ but, in any event, it shall not exceed three hundred sixty-four 22 days ]. 23 § 4. Section 147 of the correction law, as amended by chapter 669 of 24 the laws of 2022, is amended to read as follows: 25 § 147. Noncitizen incarcerated individuals of correctional facilities. 26 The commissioner shall within three months after admission of a nonciti- 27 zen incarcerated individual to a correctional facility cause an investi- 28 gation to be made of the record and past history of such noncitizen and 29 shall upon the termination of such investigation cause the record of 30 such noncitizen, together with all facts disclosed by such investi- 31 gation, and [ his or her ] the commissioner's recommendations as to depor- 32 tation, to be forwarded to the United States immigration authorities 33 having such matters in charge. The commissioner shall notify the United 34 States Immigration and Customs Enforcement agency of the discharge, 35 parole or release of a noncitizen incarcerated individual at least five 36 days prior to such discharge, parole or release. 37 § 5. Section 500-c of the correction law is amended by adding a new 38 subdivision 29 to read as follows: 39 29. Notwithstanding any other provision of law, the chief administra- 40 tive officer of any local correctional facility operated by the county 41 or the city of New York, or a secure facility operated by the office of 42 children and family services, shall notify the United States Immigration 43 and Customs Enforcement agency of the release of a noncitizen individual 44 who has been detained or confined at such facility at least five days 45 prior to such release or as soon as practicable if release will occur 46 within less than five days. 47 § 6. Subdivision 1-a of section 70.15 of the penal law is REPEALED. 48 § 7. Section 28 of the civil rights law, as added by chapter 322 of 49 the laws of 2020, is REPEALED. 50 § 8. Section 4-a of the judiciary law is REPEALED. 51 § 9. Paragraph (aa) of subdivision 2 of section 212 of the judiciary 52 law, as added by chapter 322 of the laws of 2020, is REPEALED. 53 § 10. This act shall take effect immediately; provided, however, that 54 the amendments to section 500-c of the correction law made by section 55 five of this act shall not affect the repeal of such section and shall 56 be deemed repealed therewith.

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