Bill Text: NY A01134 | 2023-2024 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-12-22 - enacting clause stricken [A01134 Detail]

Download: New_York-2023-A01134-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1134

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        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:

     1    Section  1.  The penal law is amended by adding a new section 70.11 to
     2  read as follows:
     3  § 70.11 Sentences of imprisonment  for  domestic  violence;  aggravating
     4            factors.
     5    In  matters  divested  to a criminal court under section eight hundred
     6  twelve of the family court act, or where such court exercises concurrent
     7  jurisdiction under such section and in matters referred  to  a  criminal
     8  court under article six-A of the social services law, where the respond-
     9  ent  threatens  to  expose a witness or a victim's immigration status in
    10  order to coerce such victim or witness or conceal  such  offense,  shall
    11  result in the following enhancement of such sentence:
    12    (a)  For  offenses committed under section 120.00 of this chapter, the
    13  sentence shall reflect a class E felony;
    14    (b) For offenses committed under section 120.05 of this  chapter,  the
    15  sentence shall reflect a class C felony;
    16    (c)  For  offenses committed under section 120.10 of this chapter, the
    17  sentence shall reflect a class A felony;
    18    (d) For offenses committed under section 120.13 of this  chapter,  the
    19  sentence shall reflect a class D felony;
    20    (e)  For  offenses committed under section 120.14 of this chapter, the
    21  sentence shall reflect a class E felony;
    22    (f) For offenses committed under section 120.15 of this  chapter,  the
    23  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

        A. 1134                             2

     1    (g)  For  offenses committed under section 120.20 of this chapter, the
     2  sentence shall reflect a class E felony;
     3    (h)  For  offenses committed under section 120.25 of this chapter, the
     4  sentence shall reflect a class C felony;
     5    (i) For offenses committed under section 120.45 of this  chapter,  the
     6  sentence shall reflect a class A misdemeanor;
     7    (j)  For  offenses committed under section 120.50 of this chapter, the
     8  sentence shall reflect a class E felony;
     9    (k) For offenses committed under section 120.55 of this  chapter,  the
    10  sentence shall reflect a class D felony;
    11    (l)  For  offenses committed under section 120.60 of this chapter, the
    12  sentence shall reflect a class C felony;
    13    (m) For offenses committed under section 121.11 of this  chapter,  the
    14  sentence shall reflect a class E felony;
    15    (n)  For  offenses committed under section 121.12 of this chapter, the
    16  sentence shall reflect a class C felony;
    17    (o) For offenses committed under section 121.13 of this  chapter,  the
    18  sentence shall reflect a class B felony;
    19    (p)  For  offenses committed under section 130.25 of this chapter, the
    20  sentence shall reflect a class D felony;
    21    (q) For offenses committed under section 130.30 of this  chapter,  the
    22  sentence shall reflect a class C felony;
    23    (r)  For  offenses committed under section 130.35 of this chapter, the
    24  sentence shall reflect a class A felony;
    25    (s) For offenses committed under section 130.40 of this  chapter,  the
    26  sentence shall reflect a class D felony;
    27    (t)  For  offenses committed under section 130.45 of this chapter, the
    28  sentence shall reflect a class C felony;
    29    (u) For offenses committed under section 130.50 of this  chapter,  the
    30  sentence shall reflect a class A felony;
    31    (v)  For  offenses committed under section 130.55 of this chapter, the
    32  sentence shall reflect a class A misdemeanor;
    33    (w) For offenses committed under section 130.60 of this  chapter,  the
    34  sentence shall reflect a class E felony;
    35    (x)  For  offenses committed under section 130.65 of this chapter, the
    36  sentence shall reflect a class C felony;
    37    (y) For offenses committed under section 130.65-a of this chapter, the
    38  sentence shall reflect a class D felony;
    39    (z) For offenses committed under section 130.66 of this  chapter,  the
    40  sentence shall reflect a class C felony;
    41    (aa)  For offenses committed under section 130.67 of this chapter, the
    42  sentence shall reflect a class B felony;
    43    (bb) For offenses committed under section 130.70 of this chapter,  the
    44  sentence shall reflect a class A felony;
    45    (cc)  For offenses committed under section 135.05 of this chapter, the
    46  sentence shall reflect a class E felony;
    47    (dd) For offenses committed under section 135.10 of this chapter,  the
    48  sentence shall reflect a class D felony;
    49    (ee)  For offenses committed under section 135.20 of this chapter, the
    50  sentence shall reflect a class A felony;
    51    (ff) For offenses committed under section 135.45 of this chapter,  the
    52  sentence shall reflect a class E felony;
    53    (gg)  For offenses committed under section 135.50 of this chapter, the
    54  sentence shall reflect a class D felony.
    55    § 2. This act shall take effect immediately.
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