Establishes using coercion to expose immigration status as a misdemeanor offense

BILL NUMBER:S3267

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 their immigration status.

Summary of specific provisions

Section 1. Subdivision 9 of section 135.60 of the penal law is amended and a new subdivision 10 is added.

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 in which they have a legal right to abstain from engaging. Alternatively, coercion in the second degree is when a person abstains from engaging in conduct in which he or she has a legal light to engage, because a third party instilled in him or her a fear that, if a demand was not complied with, such third party would perform an action or actions detrimental to the mental of physical health of the victim of such coercion.

This legislation makes it a crime to threaten an individual with the exposure of his/her immigration status. Immigrants are often exposed to undue hardship and duress when their immigration status, or lack thereof, is threatened to be exposed. This legislation will diminish such activity.

Prior legislative history

None.

Fiscal implications

None.

Effective date

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