Bill Text: NY A05852 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the offenses of political coercion in the second degree, political coercion in the first degree and accomplice to political coercion relating to the transportation of a person into the state for political or publicity reasons or personal gain.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to codes [A05852 Detail]
Download: New_York-2023-A05852-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5852 2023-2024 Regular Sessions IN ASSEMBLY March 23, 2023 ___________ Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the offenses of political coercion in the second degree, political coercion in the first degree and accomplice to political coercion The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding three new sections 2 135.80, 135.81 and 135.82 to read as follows: 3 § 135.80 Political coercion in the second degree. 4 A person is guilty of political coercion in the second degree when he 5 or she, being a public servant in this state or any other state, and for 6 political or publicity reasons or personal gain, transports another 7 person into the state by means of intentionally: 8 1. making material false statements, misstatements, or omissions to 9 compel or induce the person to be transported into the state with an 10 intent to deceive such person; 11 2. withholding, destroying, or confiscating any actual or purported 12 passport, immigration document, or any other actual or purported 13 government identification document, of another person with intent to 14 impair said person's freedom of movement; provided, however, that this 15 subdivision shall not apply to an attempt to correct a social security 16 administration record or immigration agency record in accordance with 17 any local, state, or federal agency requirement, where such attempt is 18 not made for the purpose of any express or implied threat; 19 3. removing a person seeking asylum in the United States from the 20 state in which the asylum application or proceeding has been commenced; 21 4. using force or engaging in any scheme, plan or pattern to compel or 22 induce a person to be transported into the state by means of instilling 23 a fear in such person that, if the demand is not complied with, the 24 actor or another will do one or more of the following: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00307-01-3A. 5852 2 1 (a) withhold or deny a state or federal benefit from the person being 2 transported or an immediate family member of such person; or 3 (b) engage in other conduct constituting a felony or unlawful impri- 4 sonment in the second degree in violation of section 135.05 of this 5 article; or 6 (c) accuse or threaten to accuse the person being transported, or an 7 immediate family member of such person, of a crime or causes criminal 8 charges or deportation proceedings to be instituted against such person 9 or persons; provided, however, that it shall be an affirmative 10 defense to this subdivision that the defendant reasonably believed the 11 threatened charge to be true and that his or her sole purpose was to 12 compel or induce the victim to take reasonable action to make good the 13 wrong which was the subject of such threatened charge; or 14 (d) expose a secret or publicize an asserted fact, whether true or 15 false, relating to the immigration status of the person being trans- 16 ported or of an immediate family member of such person; or 17 (e) testify or provide information or withhold testimony or informa- 18 tion with respect to another's legal claim or defense; or 19 (f) use or abuse his or her position as a public servant by performing 20 some act within or related to his or her official duties, or by failing 21 or refusing to perform an official duty, in such manner as to affect 22 some person adversely; or 23 (g) perform any other act which would not in itself materially benefit 24 the actor but which is calculated to harm the person who is transported 25 with respect to his or her health, safety, or immigration status, or 26 that of an immediate family member. 27 5. As used in this section, "transport" includes compelling or induc- 28 ing another to enter into the state voluntarily. 29 Political coercion in the second degree is a class D felony. 30 § 135.81 Political coercion in the first degree. 31 A person is guilty of political coercion in the first degree when he 32 or she commits the crime of political coercion in the second degree, and 33 when: 34 1. he or she has committed the crime of political coercion in the 35 second degree within the previous five years; or 36 2. the victim of the crime suffers serious bodily injury or death 37 during the transport into the state. 38 Political coercion in the first degree is a class C felony. 39 § 135.82 Accomplice to political coercion. 40 1. A person is guilty of being an accomplice to political coercion 41 when with respect to a prosecution for political coercion in the second 42 degree in violation of section 135.80 of this article or political coer- 43 cion in the first degree in violation of section 135.81 of this article, 44 he or she advances or attempts to advance or profits or attempts to 45 profit from the offense, for financial or non-financial reasons, regard- 46 less of whether he or she is a public figure. 47 2. In a prosecution for political coercion in the second degree in 48 violation of section 135.80 of this article or political coercion in the 49 first degree in violation of section 135.81 of this article, a person 50 who has been compelled or induced to enter into the state or who is 51 transported into the state in violation of said sections shall not be 52 deemed to be an accomplice to political coercion. 53 Accomplice to political coercion is a class D felony. 54 § 2. This act shall take effect on the thirtieth day after it shall 55 have become a law.
