Establishes using coercion to expose immigration status as a misdemeanor offense

2 Co-sponsors

• Ruth Hassell-Thompson
• Kevin S. Parker

BILL NUMBER:S8206A

Title of bill

An act to amend the penal law, in relation to establishing the use of coercion to expose immigration status as a misdemeanor offense

Purpose or general idea of bill

To provide for the effective prosecution of criminal actions by actors whose intended purpose is to coerce an individual by threatening to expose immigration status.

Summary of specific provisions

Section 1. Subdivision 9 of section 135.60 of the penal law, is amended by adding a new subdivision 10 to read as follows:

10. Reveal or disclose such person's immigration status to a federal, state or local law enforcement agency or federal immigration authority.

Justification

In New York State coercion in the second degree is when a person compels or induces another person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct which he or she has a legal light to engage, by mean of instilling in him a fear that, if the demand is not complied with, the actor or another will perform an action or actions detrimental to the mental of physical health of the person.

This legislation makes it a crime to threaten an individual in regards to exposing their immigration status. According to the United States Constitution the promotion, general welfare and secured blessings of liberty are established for all people. Immigrants are often put through undue hardship and duress when immigration status is threatened to be exposed. The 14th Amendment of the constitution states "that nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Prior legislative history

None.

Fiscal implications

None.

Effective date

The first of November next succeeding the date on which it shall have become law.