NY State Senate Bill 2019-S3298

Senate Bill S3298

2019-2020 Legislative Session

Relates to extortion or coercion related to immigration status

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Feb 12, 2020	advanced to third reading
Feb 11, 2020	2nd report cal.
Feb 10, 2020	1st report cal.368
Jan 08, 2020	referred to codes
Jun 20, 2019	committed to rules
Mar 06, 2019	advanced to third reading
Mar 05, 2019	2nd report cal.
Mar 04, 2019	1st report cal.215
Feb 05, 2019	referred to codes

Votes

- Feb 10, 2020 - Codes Committee Vote
  S3298
  
  8
  
  Aye
  
  3
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Feb 10, 2020
      
      aye (8)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (3)
      
      Akshar
      
      Lanza
      
      O'Mara
      
      aye wr (1)
      
      Gallivan
  Mar 4, 2019 - Codes Committee Vote
  S3298
  
  8
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 4, 2019
      
      aye (8)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      nay (3)
      
      Boyle
      
      Lanza
      
      O'Mara
      
      aye wr (2)
      
      Akshar
      
      Gallivan

2019-S3298 (ACTIVE) - Details

See Assembly Version of this Bill:: A2144
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§135.60 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5387, A6728
2021-2022: S343, A3412

2019-S3298 (ACTIVE) - Summary

Relates to extortion or coercion related to immigration status.

2019-S3298 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3298

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to extor-
tion or coercion related to immigration status

 
PURPOSE OR GENERAL IDEA OF BILL:

Extortion and coercion involve compelling a person to turn over property
or to engage or refrain from engaging in other conduct by intimidation,
including threatening to cause criminal charges to be instituted against
him or her. This bill amends the Penal Law definitions of "extortion"
and "coercion" to also include making threats for such purposes to cause
deportation proceedings to be brought against an individual.

 
SUMMARY OF SPECIFIC PROVISIONS:

Bill § 1 amends subdivision 4 of § 135.60 of the Penal Law to provide
that the offense of larceny by extortion includes compelling a person to
turn over property by instilling a fear that, if the property is not
delivered, the actor or another will accuse some person of a crime or

cause criminal charges "or deportation proceedings" to be instituted
against him or her.

Bill § 2 amends subparagraph (iv) of paragraph (e) of subdivision 2 of S
155.05 of the Penal Law to provide that the offense of coercion in the
second degree includes compelling a person to engage or abstain from
engaging in conduct by instilling a fear that, if the demand is not
complied with, the actor or another person will accuse some person of a
crime or cause criminal charges "or deportation proceedings" to be
instituted against him or her.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Under the Penal Law, a threat to report a person's immigration status
could currently be treated as a crime in cases of labor trafficking (S
135.35) and sex trafficking (5 230.34). However, such threats are not
currently treated as potential extortion or coercion offenses.

 
JUSTIFICATION:

This bill would apply the same standard to threats to cause deportation
proceedings instituted against an individual for purposes of extortion
or coercion as currently apply to threats to cause criminal charges to
be instituted for such purposes. Deportation proceedings are not crimi-
nal trials, but their nature and consequences are similar enough to
justify their including within these offenses. New Federal policies that
focus on deporting immigrants for any possible reason make many immi-
grant New Yorkers more vulnerable to extortion or coercion.

This bill would place efforts to blackmail an individual4by threatening
to cause deportation proceedings to be instituted on an equal footing
with similar efforts involving criminal charges. The bill is based on
model legislation recommended by the Public Leadership Institute. Simi-
lar measures have been enacted in California, Colorado, Maryland and
Virginia.

 
PRIOR LEGISLATIVE HISTORY:

S. 5387/A.6728; Advanced to Third Reading in Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Thirtieth day after becoming law.

2019-S3298 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3298
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in  relation  to  extortion  or  coercion
   related to immigration status
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of  section  135.60  of  the  penal  law,  as
 amended  by  section  1 of part NN of chapter 55 of the laws of 2018, is
 amended to read as follows:
   4. Accuse some person of a crime or cause criminal charges OR DEPORTA-
 TION PROCEEDINGS to be instituted against him or her; or
   § 2. Subparagraph (iv) of paragraph (e) of subdivision  2  of  section
 155.05 of the penal law is amended to read as follows:
   (iv) Accuse some person of a crime or cause criminal charges OR DEPOR-
 TATION PROCEEDINGS to be instituted against him OR HER; or
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05019-01-9

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