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Senate Bill S1822

2023-2024 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 Senate Committee Codes Committee

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2023-S1822 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §70.11, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6045
2021-2022: S4239

2023-S1822 (ACTIVE) - Summary

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

2023-S1822 (ACTIVE) - Sponsor Memo

2023-S1822 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1822
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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  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.
                                                            LBD02487-01-3
 S. 1822                             2

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