Bill Text: NY S09269 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that acting on behalf of a foreign government shall be an element of certain crimes including coercion in the first degree, kidnapping in the first degree, stalking in the first degree, assault in the first degree, computer trespass, and aggravated harassment in the first degree.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-12 - REFERRED TO CODES [S09269 Detail]
Download: New_York-2021-S09269-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9269 IN SENATE May 12, 2022 ___________ Introduced by Sen. THOMAS -- 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 the commission of certain crimes by persons acting on behalf of a foreign government The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 135.65 of the penal law, as amended by section 3 of 2 part NN of chapter 55 of the laws of 2018, is amended to read as 3 follows: 4 § 135.65 Coercion in the first degree. 5 A person is guilty of coercion in the first degree when he or she 6 commits the crime of coercion in the third degree, and when: 7 1. He or she commits such crime by instilling in the victim a fear 8 that he or she will cause physical injury to a person or cause damage to 9 property; or 10 2. He or she thereby compels or induces the victim to: 11 (a) Commit or attempt to commit a felony; or 12 (b) Cause or attempt to cause physical injury to a person; or 13 (c) Violate his or her duty as a public servant[.]; or 14 3. He or she is acting on behalf of a foreign government. 15 Coercion in the first degree is a class D felony. 16 § 2. Subdivision 3 of section 135.25 of the penal law, as amended by 17 chapter 791 of the laws of 1967, is amended and a new subdivision 4 is 18 added to read as follows: 19 3. The person abducted dies during the abduction or before he or she 20 is able to return or to be returned to safety. Such death shall be 21 presumed, in a case where such person was less than sixteen years old or 22 an incompetent person at the time of the abduction, from evidence that 23 his or her parents, guardians or other lawful custodians did not see or 24 hear from him or her following the termination of the abduction and 25 prior to trial and received no reliable information during such period 26 persuasively indicating that he or she was alive. In all other cases, 27 such death shall be presumed from evidence that a person whom the person 28 abducted would have been extremely likely to visit or communicate with EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15867-01-2S. 9269 2 1 during the specified period were he or she alive and free to do so did 2 not see or hear from him or her during such period and received no reli- 3 able information during such period persuasively indicating that he or 4 she was alive[.]; or 5 4. He or she is acting on behalf of a foreign government. 6 § 3. Section 120.60 of the penal law, as amended by chapter 434 of the 7 laws of 2000, is amended to read as follows: 8 § 120.60 Stalking in the first degree. 9 A person is guilty of stalking in the first degree when he or she 10 commits the crime of stalking in the third degree as defined in subdivi- 11 sion three of section 120.50 or stalking in the second degree as defined 12 in section 120.55 of this article and, in the course and furtherance 13 thereof, he or she: 14 1. intentionally or recklessly causes physical injury to the victim of 15 such crime; or 16 2. commits a class A misdemeanor defined in article one hundred thirty 17 of this chapter, or a class E felony defined in section 130.25, 130.40 18 or 130.85 of this chapter, or a class D felony defined in section 130.30 19 or 130.45 of this chapter[.]; or 20 3. is acting on behalf of a foreign government. 21 Stalking in the first degree is a class D felony. 22 § 4. Subdivision 4 of section 120.10 of the penal law, as amended by 23 chapter 791 of the laws of 1967, is amended and a new subdivision 5 is 24 added to read as follows: 25 4. In the course of and in furtherance of the commission or attempted 26 commission of a felony or of immediate flight therefrom, he or she, or 27 another participant if there be any, causes serious physical injury to a 28 person other than one of the participants[.]; or 29 5. He or she is acting on behalf of a foreign government. 30 § 5. Section 156.10 of the penal law, as amended by chapter 558 of the 31 laws of 2006, is amended to read as follows: 32 § 156.10 Computer trespass. 33 A person is guilty of computer trespass when he or she knowingly uses, 34 causes to be used, or accesses a computer, computer service, or computer 35 network without authorization and: 36 1. he or she does so with an intent to commit or attempt to commit or 37 further the commission of any felony; or 38 2. he or she thereby knowingly gains access to computer material[.]; 39 or 40 3. he or she is acting on behalf of a foreign government. 41 Computer trespass is a class E felony. 42 § 6. Subdivision 5 of section 240.31 of the penal law, as added by 43 chapter 74 of the laws of 2008, is amended and a new subdivision 6 is 44 added to read as follows: 45 5. Etches, paints, draws upon or otherwise places or displays a noose, 46 commonly exhibited as a symbol of racism and intimidation, on any build- 47 ing or other real property, public or private, owned by any person, firm 48 or corporation or any public agency or instrumentality, without express 49 permission of the owner or operator of such building or real 50 property[.]; or 51 6. Commits the crime of aggravated harassment in the second degree and 52 is acting on behalf of a foreign government. 53 § 7. This act shall take effect immediately.
