NY State Senate Bill S5387

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Mar 24, 2017	referred to codes

Co-Sponsors

S5387 (ACTIVE) - Details

See Assembly Version of this Bill:: A6728
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§135.60 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3298, A2144
2021-2022: S343, A3412

S5387 (ACTIVE) - Summary

Relates to extortion or coercion related to immigration status.

S5387 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5387

 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 :

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
§ 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 (§
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 criminal 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 immigrant New Yorkers more vulnerable to
extortion or coercion.

This bill would place efforts to blackmail an individual by
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. Similar measures have been enacted in
California, Colorado, Maryland and Virginia.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Thirtieth day after becoming law.

S5387 (ACTIVE) - Bill Text download pdf


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

                                  5387

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 24, 2017
                               ___________

Introduced by Sen. ALCANTARA -- 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 chapter 426 of the laws  of  2008,  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.
                                                           LBD10223-01-7

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The New York State Senate

senate Bill S5387

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

S5387 (ACTIVE) - Details

S5387 (ACTIVE) - Summary

S5387 (ACTIVE) - Sponsor Memo

S5387 (ACTIVE) - Bill Text download pdf

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senate Bill S5387

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Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

Luis R. Sepúlveda

S5387 (ACTIVE) - Details

S5387 (ACTIVE) - Summary

S5387 (ACTIVE) - Sponsor Memo

S5387 (ACTIVE) - Bill Text download pdf

Comments