New York A 7859: Relates to directing the commissioner of the office for people with developmental disabilities to conduct a study on debit card use

Bill Text

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A07859 Summary:

BILL NOA07859 

&nbsp

SAME ASNo Same As

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SPONSORDe Los Santos

&nbsp

COSPNSRHevesi

&nbsp

MLTSPNSR

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Add §29, Civ Rts L

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Prohibits civil arrest in hospital, shelter, food bank, and crisis center settings; except to address an imminent safety situation or if they have an appropriate judicial warrant or judicial order.

Go to top A07859 Actions:

BILL NOA07859 

&nbsp

04/11/2025referred to codes

01/07/2026referred to codes

Go to topA07859 Committee&nbspVotes:

Go to topA07859 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07859 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7859

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 11, 2025
 ___________

 Introduced by M. of A. DE LOS SANTOS -- read once and referred to the
 Committee on Codes

 AN ACT to amend the civil rights law, in relation to prohibiting civil
 arrest in hospitals, shelters, food banks and crisis centers

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "ICE ban in hospitals and shelters act".
 3 § 2. The civil rights law is amended by adding a new section 29 to
 4 read as follows:
 5 § 29. Civil arrest; protection in certain settings. 1. A person
 6 attending, employed at, or otherwise lawfully present at a hospital,
 7 shelter, food bank and crisis center, is privileged from civil arrest
 8 while at such premises.
 9 2. No civil arrest shall be executed on hospital, shelter, food bank
 10 or crisis center premises unless supported by a judicial warrant author-
 11 izing such an arrest or detainment.
 12 3. No other document shall be sufficient for the execution of any
 13 civil arrest including an administrative warrant or immigration detain-
 14 er.
 15 4. It shall be considered unlawful and constitute false imprisonment
 16 for any person to willfully violate this section by executing or assist-
 17 ing in an arrest prohibited under this section.
 18 5. A person whose rights under this section are violated may bring a
 19 civil action for equitable and declaratory relief. Additionally, the
 20 attorney general may bring a civil action in the name of the state to
 21 enforce compliance.
 22 6. Any successful action pursuant to this section may result in the
 23 recovery of costs and reasonable attorney's fees.
 24 7. As used in this section:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11435-01-5

 A. 7859 2

 1 (a) "Judicial warrant or order" shall mean a warrant or order that is
 2 signed by a United States district judge or federal magistrate judge and
 3 demonstrates probable cause to believe an individual has committed a
 4 crime or offense.
 5 (b) "Administrative warrant" shall mean a warrant that is prepared and
 6 issued by federal immigration authorities and directs federal officials
 7 to arrest a noncitizen for removal or removal proceedings.
 8 (c) "Immigration detainer" shall mean a request, typically issued by
 9 federal immigration authorities to local law enforcement agencies, to
 10 keep an individual in custody for up to forty-eight hours beyond when
 11 the individual is scheduled for release.
 12 § 3. Severability. If any clause, sentence, paragraph, section or part
 13 of this act shall be adjudged by any court of competent jurisdiction to
 14 be invalid and after exhaustion of all further judicial review, the
 15 judgment shall not affect, impair or invalidate the remainder thereof,
 16 but shall be confined in its operation to the clause, sentence, para-
 17 graph, section or part of this act directly involved in the controversy
 18 in which the judgment shall have been rendered.
 19 § 4. This act shall take effect immediately.

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