New York 2023-2024 Regular Session

New York Senate Bill S01822 Latest Draft

Bill / Introduced Version Filed 01/17/2023

   
  STATE OF NEW YORK ________________________________________________________________________ 1822 2023-2024 Regular Sessions  IN SENATE January 17, 2023 ___________ Introduced by Sen. STAVISKY -- 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 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 Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 70.11 to 2 read as follows: 3 § 70.11 Sentences of imprisonment for domestic violence; aggravating 4 factors. 5 In matters divested to a criminal court under section eight hundred 6 twelve of the family court act, or where such court exercises concurrent 7 jurisdiction under such section and in matters referred to a criminal 8 court under article six-A of the social services law, where the respond- 9 ent threatens to expose a witness or a victim's immigration status in 10 order to coerce such victim or witness or conceal such offense, shall 11 result in the following enhancement of such sentence: 12 (a) For offenses committed under section 120.00 of this chapter, the 13 sentence shall reflect a class E felony; 14 (b) For offenses committed under section 120.05 of this chapter, the 15 sentence shall reflect a class C felony; 16 (c) For offenses committed under section 120.10 of this chapter, the 17 sentence shall reflect a class A felony; 18 (d) For offenses committed under section 120.13 of this chapter, the 19 sentence shall reflect a class D felony; 20 (e) For offenses committed under section 120.14 of this chapter, the 21 sentence shall reflect a class E felony; 22 (f) For offenses committed under section 120.15 of this chapter, the 23 sentence shall reflect a class A misdemeanor; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02487-01-3 

 S. 1822 2 1 (g) For offenses committed under section 120.20 of this chapter, the 2 sentence shall reflect a class E felony; 3 (h) For offenses committed under section 120.25 of this chapter, the 4 sentence shall reflect a class C felony; 5 (i) For offenses committed under section 120.45 of this chapter, the 6 sentence shall reflect a class A misdemeanor; 7 (j) For offenses committed under section 120.50 of this chapter, the 8 sentence shall reflect a class E felony; 9 (k) For offenses committed under section 120.55 of this chapter, the 10 sentence shall reflect a class D felony; 11 (l) For offenses committed under section 120.60 of this chapter, the 12 sentence shall reflect a class C felony; 13 (m) For offenses committed under section 121.11 of this chapter, the 14 sentence shall reflect a class E felony; 15 (n) For offenses committed under section 121.12 of this chapter, the 16 sentence shall reflect a class C felony; 17 (o) For offenses committed under section 121.13 of this chapter, the 18 sentence shall reflect a class B felony; 19 (p) For offenses committed under section 130.25 of this chapter, the 20 sentence shall reflect a class D felony; 21 (q) For offenses committed under section 130.30 of this chapter, the 22 sentence shall reflect a class C felony; 23 (r) For offenses committed under section 130.35 of this chapter, the 24 sentence shall reflect a class A felony; 25 (s) For offenses committed under section 130.40 of this chapter, the 26 sentence shall reflect a class D felony; 27 (t) For offenses committed under section 130.45 of this chapter, the 28 sentence shall reflect a class C felony; 29 (u) For offenses committed under section 130.50 of this chapter, the 30 sentence shall reflect a class A felony; 31 (v) For offenses committed under section 130.55 of this chapter, the 32 sentence shall reflect a class A misdemeanor; 33 (w) For offenses committed under section 130.60 of this chapter, the 34 sentence shall reflect a class E felony; 35 (x) For offenses committed under section 130.65 of this chapter, the 36 sentence shall reflect a class C felony; 37 (y) For offenses committed under section 130.65-a of this chapter, the 38 sentence shall reflect a class D felony; 39 (z) For offenses committed under section 130.66 of this chapter, the 40 sentence shall reflect a class C felony; 41 (aa) For offenses committed under section 130.67 of this chapter, the 42 sentence shall reflect a class B felony; 43 (bb) For offenses committed under section 130.70 of this chapter, the 44 sentence shall reflect a class A felony; 45 (cc) For offenses committed under section 135.05 of this chapter, the 46 sentence shall reflect a class E felony; 47 (dd) For offenses committed under section 135.10 of this chapter, the 48 sentence shall reflect a class D felony; 49 (ee) For offenses committed under section 135.20 of this chapter, the 50 sentence shall reflect a class A felony; 51 (ff) For offenses committed under section 135.45 of this chapter, the 52 sentence shall reflect a class E felony; 53 (gg) For offenses committed under section 135.50 of this chapter, the 54 sentence shall reflect a class D felony. 55 § 2. This act shall take effect immediately.