A02144 Summary:
BILL NO | A02144 |
  | |
SAME AS | SAME AS S03298 |
  | |
SPONSOR | Solages |
  | |
COSPNSR | Bichotte, Seawright, Steck, Cook, Ortiz, Lavine, Colton, Perry, Simon, Arroyo, Barron, Jaffee, Hyndman, Niou, Pichardo, De La Rosa, D'Urso, Davila, Dickens, Blake, Williams, Jean-Pierre, Weprin, Mosley, Vanel, Zebrowski, Ramos, Rozic, Gottfried, Abinanti, Epstein, Cruz, Hevesi, Aubry, Glick, Rosenthal L, Buchwald, Fernandez, Simotas |
  | |
MLTSPNSR | DenDekker |
  | |
Amd §§135.60 & 155.05, Pen L | |
  | |
Relates to extortion or coercion related to immigration status. |
A02144 Actions:
BILL NO | A02144 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2019 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/12/2019 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
03/14/2019 | advanced to third reading cal.129 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/08/2020 | ordered to third reading cal.91 |
A02144 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A2144 SPONSOR: Solages
  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 crimi- nal 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 immi- grant 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. Simi- lar measures have been enacted in California, Colorado, Maryland and Virginia.   PRIOR LEGISLATIVE HISTORY: A6728 2017-2018 Legislative Session   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Thirtieth day after becoming law.