senate Bill S1807

2013-2014 Legislative Session

Prohibits the use of coersion for the purpose of exposing a person's immigration status

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

S1807 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง135.60 & 135.65, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3877
2009-2010: S8206

S1807 - Bill Texts

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Prohibits the use of coercion for the purpose of exposing a person's immigration status.

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BILL NUMBER:S1807

TITLE OF BILL:
An act
to amend the penal law, in relation to the use of coercion
for the purpose of exposing a person's
immigration status

PURPOSE OR GENERAL IDEA OF BILL:
To provide for the effective prosecution of criminal actions by actors
whose intended purpose is to coerce an individual by threatening to
expose immigration status.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Subdivision 9 of section 135.60 of the penal law, is
amended by adding a new subdivision 10 to read as follows:
10. Expose immigration status, regardless of the actor's knowledge of
such status.

Section 2. Paragraph (c) of subsection 2 of section 135.65 of the
Penal law is amended and a new paragraph (d) is added to read as
follows:

(d) Expose his or her immigration status.

JUSTIFICATION:
According to the United States Constitution the promotion general
welfare and secured blessings of liberty are established for all
people. Immigrants are often threatened and put through undue
hardship when immigration status is threatened. The 14th Amendment of
the constitution states "that nor shall any State deprive any person
of life, liberty, or property, without due process of law: nor deny
to any person within its jurisdiction the equal protection of the
laws."

PRIOR LEGISLATIVE HISTORY:
2010 - A.11668- Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1807

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. ESPAILLAT, PERKINS -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to the use  of  coercion  for
  the purpose of exposing a person's immigration status

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of  section  135.60  of  the  penal  law,  as
amended  by chapter 426 of the laws of 2008, is amended and a new subdi-
vision 10 is added to read as follows:
  9. Perform any other act which would not in itself materially  benefit
the actor but which is calculated to harm another person materially with
respect  to his or her health, safety, business, calling, career, finan-
cial condition, reputation or personal relationships[.]; OR
  10. EXPOSE IMMIGRATION STATUS, REGARDLESS OF THE ACTOR'S KNOWLEDGE  OF
SUCH STATUS.
  S  2.  Paragraph  (c)  of subdivision 2 of section 135.65 of the penal
law, as amended by chapter 426 of the laws of 2008, is amended and a new
paragraph (d) is added to read as follows:
  (c) Violate his or her duty as a public servant[.]; OR
  (D) EXPOSE HIS OR HER OWN IMMIGRATION STATUS.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05009-01-3

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