N.Y. Executive Law § 319: Definitions

§ 319. Definitions. For the purposes of this article, the following

terms shall have the following meanings:

1. "State entity" means any agency under the executive authority of

the governor; any agency for which the governor appoints the

commissioner or highest ranking employee; any public benefit

corporation, public authority, board, or commission for which the

governor appoints the chief executive or a majority of the board

members, except for the port authority of New York and New Jersey; any

division, department, or office regulated under this chapter; the state

education department; any college, university, or postsecondary

educational institution within the state university of New York, city

university of New York, and its affiliate senior and community colleges;

all offices defined in article one of the public officers law; the

department of civil service or any of its civil divisions as defined in

article one of the civil service law; and any contractor or

subcontractor while performing services on behalf of the state.

2. "State employee" means any individual employed by any agency under

the executive authority of the governor; any agency for which the

governor appoints the commissioner or highest ranking employee; any

public benefit corporation, public authority, board, or commission for

which the governor appoints the chief executive or a majority of the

board members, except for the port authority of New York and New Jersey;

any division, department, or office regulated under this chapter; the

state education department; any college, university, or postsecondary

educational institution within the state university of New York, city

university of New York, and its affiliate senior and community colleges;

all offices defined in article one of the public officers law; the

department of civil service or any of its civil divisions as defined in

article one of the civil service law; or any contractor or subcontractor

while performing services on behalf of the state; provided, however,

this definition shall not include:

(a) any individual employed as a police officer as that term is

defined in subdivision thirty-four of section 1.20 of the criminal

procedure law;

(b) any individual employed as a peace officer as that term is defined

in section 2.10 of the criminal procedure law; or

(c) any civilian employee of a state law enforcement agency.

3. "Immigration authority" means an agency that primarily enforces

immigration law including, but not limited to, United States Immigration

and Customs Enforcement or United States Customs and Border Protection,

and any successor agencies having similar duties; or a federal agency

making a request or taking an enforcement action pursuant to the civil

enforcement provisions of the federal Immigration and Nationality Act.

4. "Immigration enforcement" means the enforcement of any civil

provision of the federal Immigration and Nationality Act for the purpose

of determining a person's lawful presence or status in the United

States, or for the purpose of apprehending, detaining, transferring, or

removing a person solely for civil immigration purposes because of such

person's immigration status.

5. "Immigration detainer" means any document, form, or other

communication requesting or directing that a state entity or state

employee detain or maintain custody of an individual, for any period of

time, for pickup by or transfer to immigration authorities.

6. "Civil immigration warrant" means any warrant for a violation of

civil immigration law that is not issued by a judge appointed pursuant

to Article III of the United States Constitution or a federal magistrate

judge appointed pursuant to 28 U.S.C. § 631.

7. "State law enforcement agency" means the New York state police, the

department of corrections and community supervision, and the department

of law.

8. "Civilian employee of a state law enforcement agency" means any

person, other than a police officer or peace officer, employed by a

state law enforcement agency, whose official duties require such person

to collect, analyze, share, or present evidence and/or intelligence, or

to supervise such activities or persons.