Bill Text: NY S06045 | 2019-2020 | 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 - Dead) 2020-01-08 - REFERRED TO CODES [S06045 Detail]

Download: New_York-2019-S06045-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6045

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        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:

     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.
                                                                   LBD01575-01-9

        S. 6045                             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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