What's happening
This bill expands the definition of extortion and coercion to include threats to initiate deportation proceedings based on immigration status.
Why it matters
Protects vulnerable immigrants from threats. By making it a crime to threaten someone with deportation proceedings as a means of coercion or extortion, the bill addresses a common way that undocumented individuals are exploited or silenced, especially in workplaces and domestic situations.
Closes legal loopholes in current law. Previously, only threats to accuse someone of a crime or initiate criminal charges were included under extortion and coercion statutes. This amendment recognizes that threats related to immigration status can be just as harmful and are used for similar malicious purposes.
Promotes reporting of abuse and crimes. By reducing the power of deportation threats, the bill encourages undocumented individuals to report crimes, abuse, or unsafe working conditions without fear of retaliatory immigration actions, potentially improving public safety and justice for all.
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Who cares
Headline styles
Ban Immigration Status Blackmail
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.368
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.215
- 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.
Ban Immigration Status Blackmail
Assembly Floor Calendar · Sponsor Michaelle C. Solages
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3298
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. KAPLAN -- 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 extortion or coercion related to immigration status
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 135.60 of the penal law, as amended by section 1 of part NN of chapter 55 of the laws of 2018, is amended to read as follows:
4. Accuse some person of a crime or cause criminal charges or deportation proceedings to be instituted against him or her; or
§ 2. Subparagraph (iv) of paragraph (e) of subdivision 2 of section 155.05 of the penal law is amended to read as follows:
(iv) Accuse some person of a crime or cause criminal charges or deportation proceedings to be instituted against him or her; or
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05019-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to extor- tion or coercion related to immigration status
Purpose or general idea of bill
Extortion and coercion involve compelling a person to turn over property or to engage or refrain from engaging in other conduct by intimidation, including threatening to cause criminal charges to be instituted against him or her. This bill amends the Penal Law definitions of "extortion" and "coercion" to also include making threats for such purposes to cause deportation proceedings to be brought against an individual.
Summary of specific provisions
Bill § 1 amends subdivision 4 of § 135.60 of the Penal Law to provide that the offense of larceny by extortion includes compelling a person to turn over property by instilling a fear that, if the property is not delivered, the actor or another will accuse some person of a crime or cause criminal charges "or deportation proceedings" to be instituted against him or her.
Bill § 2 amends subparagraph (iv) of paragraph (e) of subdivision 2 of S 155.05 of the Penal Law to provide that the offense of coercion in the second degree includes compelling a person to engage or abstain from engaging in conduct by instilling a fear that, if the demand is not complied with, the actor or another person will accuse some person of a crime or cause criminal charges "or deportation proceedings" to be instituted against him or her.
Effects of present law which this bill would alter
Under the Penal Law, a threat to report a person's immigration status could currently be treated as a crime in cases of labor trafficking (S 135.35) and sex trafficking (5 230.34). However, such threats are not currently treated as potential extortion or coercion offenses.
Justification
This bill would apply the same standard to threats to cause deportation proceedings instituted against an individual for purposes of extortion or coercion as currently apply to threats to cause criminal charges to be instituted for such purposes. Deportation proceedings are not crimi- nal trials, but their nature and consequences are similar enough to justify their including within these offenses. New Federal policies that focus on deporting immigrants for any possible reason make many immi- grant New Yorkers more vulnerable to extortion or coercion.
This bill would place efforts to blackmail an individual4by threatening to cause deportation proceedings to be instituted on an equal footing with similar efforts involving criminal charges. The bill is based on model legislation recommended by the Public Leadership Institute. Simi- lar measures have been enacted in California, Colorado, Maryland and Virginia.
Prior legislative history
S. 5387/A.6728; Advanced to Third Reading in Assembly
Fiscal implications for state and local governments
None.
Effective date
Thirtieth day after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.