What's happening
This bill creates enhanced criminal penalties for threatening to expose a witness or domestic violence victim's immigration status to coerce or conceal an offense.
Why it matters
Strengthens protections for vulnerable witnesses and victims. By enhancing penalties when offenders threaten to reveal immigration status to silence or coerce, the bill directly addresses a tactic often used to intimidate undocumented individuals, making it safer for them to participate in investigations and prosecutions.
Targets a wide range of serious offenses. The enhanced sentencing applies to various crimes—including assault, sexual offenses, and kidnapping—if the perpetrator uses immigration status as leverage, signaling a broad commitment to combating both domestic violence and witness intimidation.
Creates significant deterrence for offenders. The risk of facing more severe felony or misdemeanor charges (with corresponding longer sentences) if immigration status threats are used may deter perpetrators from employing this coercive tactic, thereby reducing its prevalence in criminal cases.
Promotes equal justice regardless of immigration status. By penalizing offenders who exploit a victim’s or witness’s immigration status, the law aims to ensure that all individuals—regardless of their citizenship—have access to protection and justice in the criminal system.
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Who cares
Headline styles
Protect Immigrant Victims' Privacy
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Penalize Immigration Threats
In Senate Committee · Codes · Sponsor Toby Ann Stavisky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5255
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
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 Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 70.11 to read as follows: § 70.11 Sentences of imprisonment for domestic violence; aggravating
factors.
In matters divested to a criminal court under section eight hundred twelve of the family court act, or where such court exercises concurrent jurisdiction under such section and in matters referred to a criminal court under article six-A of the social services law, where the respondent threatens to expose a witness or a victim's immigration status in order to coerce such victim or witness or conceal such offense, shall result in the following enhancement of such sentence:
(a) For offenses committed under section 120.00 of this chapter, the sentence shall reflect a class E felony;
(b) For offenses committed under section 120.05 of this chapter, the sentence shall reflect a class C felony;
(c) For offenses committed under section 120.10 of this chapter, the sentence shall reflect a class A felony;
(d) For offenses committed under section 120.13 of this chapter, the sentence shall reflect a class D felony;
(e) For offenses committed under section 120.14 of this chapter, the sentence shall reflect a class E felony;
(f) For offenses committed under section 120.15 of this chapter, the 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
A. 5255 2
(g) For offenses committed under section 120.20 of this chapter, the sentence shall reflect a class E felony;
(h) For offenses committed under section 120.25 of this chapter, the sentence shall reflect a class C felony;
(i) For offenses committed under section 120.45 of this chapter, the sentence shall reflect a class A misdemeanor;
(j) For offenses committed under section 120.50 of this chapter, the sentence shall reflect a class E felony;
(k) For offenses committed under section 120.55 of this chapter, the sentence shall reflect a class D felony;
(l) For offenses committed under section 120.60 of this chapter, the sentence shall reflect a class C felony;
(m) For offenses committed under section 121.11 of this chapter, the sentence shall reflect a class E felony;
(n) For offenses committed under section 121.12 of this chapter, the sentence shall reflect a class C felony;
(o) For offenses committed under section 121.13 of this chapter, the sentence shall reflect a class B felony;
(p) For offenses committed under section 130.25 of this chapter, the sentence shall reflect a class D felony;
(q) For offenses committed under section 130.30 of this chapter, the sentence shall reflect a class C felony;
(r) For offenses committed under section 130.35 of this chapter, the sentence shall reflect a class A felony;
(s) For offenses committed under section 130.40 of this chapter, the sentence shall reflect a class D felony;
(t) For offenses committed under section 130.45 of this chapter, the sentence shall reflect a class C felony;
(u) For offenses committed under section 130.50 of this chapter, the sentence shall reflect a class A felony;
(v) For offenses committed under section 130.55 of this chapter, the sentence shall reflect a class A misdemeanor;
(w) For offenses committed under section 130.60 of this chapter, the sentence shall reflect a class E felony;
(x) For offenses committed under section 130.65 of this chapter, the sentence shall reflect a class C felony;
(y) For offenses committed under section 130.65-a of this chapter, the sentence shall reflect a class D felony;
(z) For offenses committed under section 130.66 of this chapter, the sentence shall reflect a class C felony;
(aa) For offenses committed under section 130.67 of this chapter, the sentence shall reflect a class B felony;
(bb) For offenses committed under section 130.70 of this chapter, the sentence shall reflect a class A felony;
(cc) For offenses committed under section 135.05 of this chapter, the sentence shall reflect a class E felony;
(dd) For offenses committed under section 135.10 of this chapter, the sentence shall reflect a class D felony;
(ee) For offenses committed under section 135.20 of this chapter, the sentence shall reflect a class A felony;
(ff) For offenses committed under section 135.45 of this chapter, the sentence shall reflect a class E felony;
(gg) For offenses committed under section 135.50 of this chapter, the sentence shall reflect a class D felony.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.