NY State Senate Bill 2021-S343A

Senate Bill S343A

Signed By Governor

2021-2022 Legislative Session

Relates to extortion or coercion related to immigration status or suspected immigration status

download bill text pdf

Archive: Last Bill Status Via A3412 - Signed by Governor

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
Oct 08, 2021	signed chap.447
Sep 28, 2021	delivered to governor
Jun 03, 2021	returned to assembly passed senate 3rd reading cal.99 substituted for s343a
Jun 03, 2021	substituted by a3412a
Apr 19, 2021	amended on third reading 343a
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.99
Jan 06, 2021	referred to codes

Votes

- Jun 3, 2021 - Floor Vote
  A3412
  
  48
  
  Aye
  
  15
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2021
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (15)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Jordan
      
      Lanza
      
      Martucci
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
  Jan 19, 2021 - Codes Committee Vote
  S343A
  
  9
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 19, 2021
      
      aye (9)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Palumbo
      
      nay (2)
      
      Akshar
      
      O'Mara
      
      aye wr (1)
      
      Gallivan
      
      absent (1)
      
      Sepúlveda

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S343 - Details

See Assembly Version of this Bill:: A3412
Law Section:: Penal Law
Laws Affected:: Amd §§135.60 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5387, A6728
2019-2020: S3298, A2144

2021-S343 - Summary

Relates to extortion or coercion related to immigration status or suspected immigration status.

2021-S343 - Sponsor Memo

                                
 
BILL NUMBER: S343

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to extortion 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:

§ 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 deliv-
ered, 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.

§ 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.

§ 3 is the effective date.

 
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 (§
135.35) and sex trafficking (§ 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 simi-
lar efforts involving criminal charges. The bill is based on model
legislation recommended by the Public Leadership Institute.  Similar
measures have been enacted in California, Colorado, Maryland and Virgi-
nia.
 
PRIOR LEGISLATIVE HISTORY:

S. 3298/A. 2144 of 2019/20; Advanced to Third Reading Calendar

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.

2021-S343 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    343
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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.
                                                            LBD00714-01-1

co-Sponsors

2021-S343A (ACTIVE) - Details

See Assembly Version of this Bill:: A3412
Law Section:: Penal Law
Laws Affected:: Amd §§135.60 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5387, A6728
2019-2020: S3298, A2144

2021-S343A (ACTIVE) - Summary

Relates to extortion or coercion related to immigration status or suspected immigration status.

2021-S343A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S343A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to extortion 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
them. 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:

§ 1 amends subdivision 4 of § 135.60 of the Penal Law to add a new 10.
To add reporting of immigration status or suspected immigration status

to coercion in the third degree.

§ 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 removal proceedings" to be insti-
tuted against him or her.

§ 3 is the effective date.

 
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 (§
135.35) and sex trafficking (§ 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 simi-
lar efforts involving criminal charges. The bill is based on model
legislation recommended by the Public Leadership Institute.  Similar
measures have been enacted in California, Colorado, Maryland and Virgi-
nia.

 
PRIOR LEGISLATIVE HISTORY:

S. 3298/A. 2144 of 2019/20; Advanced to Third Reading Calendar
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.

2021-S343A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  343--A
     Cal. No. 99
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. KAPLAN, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Codes  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading
 
 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. Section 135.60 of the penal law is amended by adding a new
 subdivision 10 to read as follows:
   10. REPORT HIS OR HER  IMMIGRATION  STATUS  OR  SUSPECTED  IMMIGRATION
 STATUS.
   §  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
 REMOVAL 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.
                                                            LBD00714-02-1

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Senate Bill S343A

Share this bill

Sponsored By

Anna M. Kaplan

Archive: Last Bill Status Via A3412 - Signed by Governor

Bill Amendments

co-Sponsors

Rachel May

2021-S343 - Details

2021-S343 - Summary

2021-S343 - Sponsor Memo

2021-S343 - Bill Text download pdf

co-Sponsors

Rachel May

2021-S343A (ACTIVE) - Details

2021-S343A (ACTIVE) - Summary

2021-S343A (ACTIVE) - Sponsor Memo

2021-S343A (ACTIVE) - Bill Text download pdf

Comments