Prohibits the use of coercion for the purpose of exposing a person's immigration status.
TITLE OF BILL: An act to amend the penal law, in relation to the use of coercion for the purpose of exposing a person's immigration status
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. Expose immigration status, regardless of the actor's knowledge of such status.
Section 2. Paragraph (c) of subsection 2 of section 135.65 of the Penal law is amended and a new paragraph (d) is added to read as follows:
(d) Expose his or her immigration status.
JUSTIFICATION: According to the United States Constitution the promotion general welfare and secured blessings of liberty are established for all people. Immigrants are often threatened and put through undue hardship when immigration status is threatened. 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: 2010 - A.11668- Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1807 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. ESPAILLAT, PERKINS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the use of coercion for the purpose of exposing a person's immigration status THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 135.60 of the penal law, as amended by chapter 426 of the laws of 2008, is amended and a new subdi- vision 10 is added to read as follows: 9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, finan- cial condition, reputation or personal relationships
[.]; OR 10. EXPOSE IMMIGRATION STATUS, REGARDLESS OF THE ACTOR'S KNOWLEDGE OF SUCH STATUS. S 2. Paragraph (c) of subdivision 2 of section 135.65 of the penal law, as amended by chapter 426 of the laws of 2008, is amended and a new paragraph (d) is added to read as follows: (c) Violate his or her duty as a public servant [.]; OR (D) EXPOSE HIS OR HER OWN IMMIGRATION STATUS. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05009-01-3