§ 29. Sensitive locations. 1. Definitions. For purposes of this\nsection, the following terms shall have the following meanings:\n (a) "Sensitive location" means a privately owned or operated:\n (i) location of any program licensed, regulated, certified, funded, or\napproved by the office of children and family services that provides\nservices to children, youth, or young adults, any legally exempt\nchildcare provider, a childcare program for which a permit to operate\nsuch program has been issued by the New York city department of health\nand mental hygiene pursuant to the health code of the city of New York;\n (ii) health care facility, including a doctor's office, hospital, or\nany location providing health or behavioral health services;\n (iii) house of worship, which means any building or structure that a\nreasonable person would know that religious adherents collectively\nrecognize as a place to regularly gather for or to hold religious\nworship activities or provide religious education or instruction, such\nas a church, synagogue, temple, or mosque;\n (iv) housing accommodation;\n (v) non-public school;\n (vi) private school established under chapter eight hundred\nfifty-three of the laws of nineteen hundred seventy-six, or\nstate-supported school established in accordance with article\neighty-five of the education law;\n (vii) not-for-profit or for-profit higher education institution;\n (viii) nursery school;\n (ix) summer camp;\n (x) senior center;\n (xi) park, playground, athletic field, or recreation center; or\n (xii) location being utilized as a polling place in connection with\nthe conduct of an election for an elected position in any government.\n (b) "Deny access" means declining to grant permission to enter and\ndeclining to facilitate the entry of an individual to a sensitive\nlocation.\n (c) "Housing accommodation" means any building, structure, or portion\nthereof which is used or occupied or is intended, arranged, or designed\nto be used or occupied, as the home, residence, or sleeping place of one\nor more human beings.\n (d) "Immigration enforcement" has the same meaning as such term is\ndefined in section three hundred nineteen of the executive law.\n 2. Sensitive locations for immigration enforcement. (a) A sensitive\nlocation is empowered to adopt policies and/or procedures, to the\nmaximum extent allowable under law, to deny access to any portion of the\nsensitive location that is not accessible to the general public to any\nindividual seeking access for the purposes of immigration enforcement.\nAny such policy or procedure shall not overcome any circumstance in\nwhich the individual seeking access for the purposes of immigration\nenforcement presents a court order issued by a judge appointed pursuant\nto Article III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631, or a judicial warrant\nissued by a judge appointed pursuant to Article III of the United States\nConstitution or a federal magistrate judge appointed pursuant to 28\nU.S.C. § 631 authorizing them to take into custody the person who is the\nsubject of such warrant or judicial order.\n (b) A sensitive location shall not be liable under state law if it\nadopts any policy or practice of denying, or chooses to deny, access to\nany portion of a sensitive location that is not accessible to the\ngeneral public to any individual seeking access for the purposes of\ncivil immigration enforcement without presenting a court order issued by\na judge appointed pursuant to Article III of the United States\nConstitution or a federal magistrate judge appointed pursuant to 28\nU.S.C. § 631, or a judicial warrant issued by a judge appointed pursuant\nto Article III of the United States Constitution or a federal magistrate\njudge appointed pursuant to 28 U.S.C. § 631 authorizing them to take\ninto custody the person who is the subject of such warrant or judicial\norder.\n 3. Enforcement.
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.