New York S 2538: Requires 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; repealer

Bill Text

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S02538 Summary:

BILL NOS02538 

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SAME ASSAME AS A02262

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SPONSORLANZA

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COSPNSRORTT, BORRELLO, CANZONERI-FITZPATRICK, GALLIVAN, GRIFFO, HELMING, MATTERA, MURRAY, OBERACKER,
 O'MARA, PALUMBO, RHOADS, STEC, TEDISCO, WEBER

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MLTSPNSR

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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 Actions:

BILL NOS02538 

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01/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

03/13/2026NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

05/18/2026DEFEATED IN CODES

Go to topS02538 Committee&nbspVotes:

Go to topS02538 Floor&nbspVotes:

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

Go to topS02538 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