NY State Senate Bill 2021-S4239

Senate Bill S4239

2021-2022 Legislative Session

Establishes enhanced penalties for coercive threats to expose immigration status of witnesses and domestic violence victims

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Feb 03, 2021	referred to codes

2021-S4239 (ACTIVE) - Details

See Assembly Version of this Bill:: A685
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §70.11, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6045, A5255
2023-2024: S1822, A1134

2021-S4239 (ACTIVE) - Summary

Establishes enhanced penalties for coercive threats to expose immigration status of witnesses and domestic violence victims.

2021-S4239 (ACTIVE) - Sponsor Memo

2021-S4239 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4239
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  establishing  enhanced
   penalties  for  threatening to expose a witness or a domestic violence
   victim's immigration status

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding a new section 70.11 to
 read as follows:
 § 70.11 SENTENCES OF IMPRISONMENT  FOR  DOMESTIC  VIOLENCE;  AGGRAVATING
           FACTORS.
   IN  MATTERS  DIVESTED  TO A CRIMINAL COURT UNDER SECTION EIGHT HUNDRED
 TWELVE OF THE FAMILY COURT ACT, OR WHERE SUCH COURT EXERCISES CONCURRENT
 JURISDICTION UNDER SUCH SECTION AND IN MATTERS REFERRED  TO  A  CRIMINAL
 COURT UNDER ARTICLE SIX-A OF THE SOCIAL SERVICES LAW, WHERE THE RESPOND-
 ENT  THREATENS  TO  EXPOSE A WITNESS OR A VICTIM'S IMMIGRATION STATUS IN
 ORDER TO COERCE SUCH VICTIM OR WITNESS OR CONCEAL  SUCH  OFFENSE,  SHALL
 RESULT IN THE FOLLOWING ENHANCEMENT OF SUCH SENTENCE:
   (A)  FOR  OFFENSES COMMITTED UNDER SECTION 120.00 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (B) FOR OFFENSES COMMITTED UNDER SECTION 120.05 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (C)  FOR  OFFENSES COMMITTED UNDER SECTION 120.10 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (D) FOR OFFENSES COMMITTED UNDER SECTION 120.13 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (E)  FOR  OFFENSES COMMITTED UNDER SECTION 120.14 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (F) FOR OFFENSES COMMITTED UNDER SECTION 120.15 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03289-01-1

 S. 4239                             2
 
   (G)  FOR  OFFENSES COMMITTED UNDER SECTION 120.20 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (H)  FOR  OFFENSES COMMITTED UNDER SECTION 120.25 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (I) FOR OFFENSES COMMITTED UNDER SECTION 120.45 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
   (J)  FOR  OFFENSES COMMITTED UNDER SECTION 120.50 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (K) FOR OFFENSES COMMITTED UNDER SECTION 120.55 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (L)  FOR  OFFENSES COMMITTED UNDER SECTION 120.60 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (M) FOR OFFENSES COMMITTED UNDER SECTION 121.11 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (N)  FOR  OFFENSES COMMITTED UNDER SECTION 121.12 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (O) FOR OFFENSES COMMITTED UNDER SECTION 121.13 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (P)  FOR  OFFENSES COMMITTED UNDER SECTION 130.25 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (Q) FOR OFFENSES COMMITTED UNDER SECTION 130.30 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (R)  FOR  OFFENSES COMMITTED UNDER SECTION 130.35 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (S) FOR OFFENSES COMMITTED UNDER SECTION 130.40 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (T)  FOR  OFFENSES COMMITTED UNDER SECTION 130.45 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (U) FOR OFFENSES COMMITTED UNDER SECTION 130.50 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (V)  FOR  OFFENSES COMMITTED UNDER SECTION 130.55 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A MISDEMEANOR;
   (W) FOR OFFENSES COMMITTED UNDER SECTION 130.60 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (X)  FOR  OFFENSES COMMITTED UNDER SECTION 130.65 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (Y) FOR OFFENSES COMMITTED UNDER SECTION 130.65-A OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (Z) FOR OFFENSES COMMITTED UNDER SECTION 130.66 OF THIS  CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS C FELONY;
   (AA)  FOR OFFENSES COMMITTED UNDER SECTION 130.67 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS B FELONY;
   (BB) FOR OFFENSES COMMITTED UNDER SECTION 130.70 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (CC)  FOR OFFENSES COMMITTED UNDER SECTION 135.05 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (DD) FOR OFFENSES COMMITTED UNDER SECTION 135.10 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS D FELONY;
   (EE)  FOR OFFENSES COMMITTED UNDER SECTION 135.20 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS A FELONY;
   (FF) FOR OFFENSES COMMITTED UNDER SECTION 135.45 OF THIS CHAPTER,  THE
 SENTENCE SHALL REFLECT A CLASS E FELONY;
   (GG)  FOR OFFENSES COMMITTED UNDER SECTION 135.50 OF THIS CHAPTER, THE
 SENTENCE SHALL REFLECT A CLASS D FELONY.
   § 2. This act shall take effect immediately.

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