S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5852
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the  offenses
   of  political coercion in the second degree, political coercion in the
   first degree and accomplice to political coercion

   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 three new sections
 135.80, 135.81 and 135.82 to read as follows:
 § 135.80 POLITICAL COERCION IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF POLITICAL COERCION IN THE SECOND DEGREE WHEN  HE
 OR SHE, BEING A PUBLIC SERVANT IN THIS STATE OR ANY OTHER STATE, AND FOR
 POLITICAL  OR  PUBLICITY  REASONS  OR  PERSONAL GAIN, TRANSPORTS ANOTHER
 PERSON INTO THE STATE BY MEANS OF INTENTIONALLY:
   1.  MAKING MATERIAL FALSE STATEMENTS, MISSTATEMENTS, OR  OMISSIONS  TO
 COMPEL  OR  INDUCE  THE  PERSON TO BE TRANSPORTED INTO THE STATE WITH AN
 INTENT TO DECEIVE SUCH PERSON;
   2. WITHHOLDING, DESTROYING, OR CONFISCATING ANY  ACTUAL  OR  PURPORTED
 PASSPORT,  IMMIGRATION  DOCUMENT,  OR  ANY  OTHER  ACTUAL  OR  PURPORTED
 GOVERNMENT  IDENTIFICATION  DOCUMENT,  OF  ANOTHER PERSON WITH INTENT TO
 IMPAIR SAID PERSON'S FREEDOM OF MOVEMENT; PROVIDED, HOWEVER,  THAT  THIS
 SUBDIVISION  SHALL  NOT APPLY TO AN ATTEMPT TO CORRECT A SOCIAL SECURITY
 ADMINISTRATION RECORD OR IMMIGRATION AGENCY RECORD  IN  ACCORDANCE  WITH
 ANY  LOCAL,  STATE, OR FEDERAL AGENCY REQUIREMENT, WHERE SUCH ATTEMPT IS
 NOT MADE FOR THE PURPOSE OF ANY EXPRESS OR IMPLIED THREAT;
   3.  REMOVING  A  PERSON  SEEKING  ASYLUM IN THE UNITED STATES FROM THE
 STATE IN WHICH THE ASYLUM APPLICATION OR PROCEEDING HAS BEEN COMMENCED;
   4. USING FORCE OR ENGAGING IN ANY SCHEME, PLAN OR PATTERN TO COMPEL OR
 INDUCE A PERSON TO BE TRANSPORTED INTO THE STATE BY MEANS OF  INSTILLING
 A  FEAR  IN  SUCH  PERSON  THAT, IF THE DEMAND IS NOT COMPLIED WITH, THE
 ACTOR OR ANOTHER WILL DO ONE OR MORE OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00307-01-3
              

 A. 5852                             2
 
   (A)  WITHHOLD OR DENY A STATE OR FEDERAL BENEFIT FROM THE PERSON BEING
 TRANSPORTED OR AN IMMEDIATE FAMILY MEMBER OF SUCH PERSON; OR
   (B)  ENGAGE  IN OTHER CONDUCT CONSTITUTING A FELONY OR UNLAWFUL IMPRI-
 SONMENT IN THE SECOND DEGREE IN VIOLATION  OF  SECTION  135.05  OF  THIS
 ARTICLE; OR
   (C)  ACCUSE  OR THREATEN TO ACCUSE THE PERSON BEING TRANSPORTED, OR AN
 IMMEDIATE FAMILY MEMBER OF SUCH PERSON, OF A CRIME  OR  CAUSES  CRIMINAL
 CHARGES  OR DEPORTATION PROCEEDINGS TO BE INSTITUTED AGAINST SUCH PERSON
 OR PERSONS;  PROVIDED, HOWEVER,   THAT   IT   SHALL   BE AN  AFFIRMATIVE
 DEFENSE  TO  THIS SUBDIVISION THAT THE DEFENDANT REASONABLY BELIEVED THE
 THREATENED CHARGE TO BE  TRUE AND  THAT  HIS OR HER SOLE PURPOSE WAS  TO
 COMPEL  OR  INDUCE THE VICTIM TO TAKE REASONABLE ACTION TO MAKE GOOD THE
 WRONG WHICH WAS THE  SUBJECT  OF SUCH THREATENED CHARGE; OR
   (D) EXPOSE A SECRET OR PUBLICIZE AN ASSERTED  FACT,  WHETHER  TRUE  OR
 FALSE,  RELATING  TO  THE  IMMIGRATION STATUS OF THE PERSON BEING TRANS-
 PORTED OR OF AN IMMEDIATE FAMILY MEMBER OF SUCH PERSON; OR
   (E) TESTIFY OR PROVIDE INFORMATION OR WITHHOLD TESTIMONY  OR  INFORMA-
 TION WITH RESPECT TO ANOTHER'S LEGAL CLAIM OR DEFENSE; OR
   (F) USE OR ABUSE HIS OR HER POSITION AS A PUBLIC SERVANT BY PERFORMING
 SOME  ACT WITHIN OR RELATED TO HIS OR HER OFFICIAL DUTIES, OR BY FAILING
 OR REFUSING TO PERFORM AN OFFICIAL DUTY, IN SUCH  MANNER  AS  TO  AFFECT
 SOME PERSON ADVERSELY; OR
   (G) PERFORM ANY OTHER ACT WHICH WOULD NOT IN ITSELF MATERIALLY BENEFIT
 THE  ACTOR BUT WHICH IS CALCULATED TO HARM THE PERSON WHO IS TRANSPORTED
 WITH RESPECT TO HIS OR HER HEALTH, SAFETY,  OR  IMMIGRATION  STATUS,  OR
 THAT OF AN IMMEDIATE FAMILY MEMBER.
   5.  AS USED IN THIS SECTION, "TRANSPORT" INCLUDES COMPELLING OR INDUC-
 ING ANOTHER TO ENTER INTO THE STATE VOLUNTARILY.
   POLITICAL COERCION IN THE SECOND DEGREE IS A CLASS D FELONY.
 § 135.81 POLITICAL COERCION IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF POLITICAL COERCION IN THE FIRST DEGREE  WHEN  HE
 OR SHE COMMITS THE CRIME OF POLITICAL COERCION IN THE SECOND DEGREE, AND
 WHEN:
   1.  HE  OR  SHE  HAS  COMMITTED THE CRIME OF POLITICAL COERCION IN THE
 SECOND DEGREE WITHIN THE PREVIOUS FIVE YEARS; OR
   2. THE VICTIM OF THE CRIME SUFFERS  SERIOUS  BODILY  INJURY  OR  DEATH
 DURING THE TRANSPORT INTO THE STATE.
   POLITICAL COERCION IN THE FIRST DEGREE IS A CLASS C FELONY.
 § 135.82 ACCOMPLICE TO POLITICAL COERCION.
   1.  A  PERSON  IS  GUILTY OF BEING AN ACCOMPLICE TO POLITICAL COERCION
 WHEN WITH RESPECT TO A PROSECUTION FOR POLITICAL COERCION IN THE  SECOND
 DEGREE IN VIOLATION OF SECTION 135.80 OF THIS ARTICLE OR POLITICAL COER-
 CION IN THE FIRST DEGREE IN VIOLATION OF SECTION 135.81 OF THIS ARTICLE,
 HE  OR  SHE  ADVANCES  OR  ATTEMPTS TO ADVANCE OR PROFITS OR ATTEMPTS TO
 PROFIT FROM THE OFFENSE, FOR FINANCIAL OR NON-FINANCIAL REASONS, REGARD-
 LESS OF WHETHER HE OR SHE IS A PUBLIC FIGURE.
   2. IN A PROSECUTION FOR POLITICAL COERCION IN  THE  SECOND  DEGREE  IN
 VIOLATION OF SECTION 135.80 OF THIS ARTICLE OR POLITICAL COERCION IN THE
 FIRST  DEGREE  IN  VIOLATION OF SECTION 135.81 OF THIS ARTICLE, A PERSON
 WHO HAS BEEN COMPELLED OR INDUCED TO ENTER INTO  THE  STATE  OR  WHO  IS
 TRANSPORTED  INTO  THE  STATE IN VIOLATION OF SAID SECTIONS SHALL NOT BE
 DEEMED TO BE AN ACCOMPLICE TO POLITICAL COERCION.
   ACCOMPLICE TO POLITICAL COERCION IS A CLASS D FELONY.
   § 2.  This act shall take effect on the thirtieth day after  it  shall
 have become a law.