File #: Int 1129-2018    Version: * Name: Provision of information to federal immigration authorities regarding individuals included in the gang database.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Public Safety
On agenda: 9/26/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the provision of information to federal immigration authorities regarding individuals included in the gang database
Sponsors: Rory I. Lancman
Council Member Sponsors: 1
Summary: This bill would prohibit the NYPD from providing information about whether any individual is included in the NYPD’s gang database to immigration authorities, or to any other person or federal agency if the information is likely to be used for immigration enforcement.
Attachments: 1. Summary of Int. No. 1129, 2. Int. No. 1129, 3. September 26, 2018 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 09-26-2018, 5. Minutes of the Stated Meeting - September 26, 2018

Int. No. 1129

 

By Council Member Lancman

 

A Local Law to amend the administrative code of the city of New York, in relation to the provision of information to federal immigration authorities regarding individuals included in the gang database

 

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 14 of the administrative code of the city of New York is amended by adding a new section 14-177 to read as follows:

§ 14-177 Gang database and federal immigration authorities. a. Definitions. For the purposes of this section, the term “gang database” means the database maintained by the department that designates a person as a gang member or associate, or includes or points to information that reflects a designation of that person as a gang member or associate.

b. Department personnel shall not expend time while on duty or department resources of any kind disclosing information regarding whether any person is or has been included in the gang database to:

1. Any federal immigration authority, as defined in section 14-154; or

2. Any other person or federal agency if the department knows or could reasonably expect such information to be used for the enforcement of any civil provision of the immigration and nationality act and any provision of such law that penalizes a person's presence in, entry into, or reentry into the United States.

c. Nothing in this section shall prevent any city officer or employee from complying with federal law or restrict their discretion to take any action if such restriction is prohibited by federal law.

§ 2. This local law takes effect immediately.

 

NAB

LS #7388

8/24/18