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Assembly Bill A5255

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2019-A5255 (ACTIVE) - Details

See Senate Version of this Bill:
S6045
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §70.11, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A685, S4239
2023-2024: A1134, S1822

2019-A5255 (ACTIVE) - Summary

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

2019-A5255 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5255
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2019
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred 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.
                                                            LBD01575-01-9

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