Bill Text: NY A03417 | 2023-2024 | General Assembly | Introduced
Bill Title: Designates certain offenses against emergency medical services personnel, firefighters, and law enforcement officers as hate crimes; includes the definition of emergency medical services personnel, firefighters, and law enforcement officers.
Spectrum: Partisan Bill (Republican 27-0)
Status: (Introduced) 2024-01-03 - referred to codes [A03417 Detail]
Download: New_York-2023-A03417-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3417 2023-2024 Regular Sessions IN ASSEMBLY February 3, 2023 ___________ Introduced by M. of A. DeSTEFANO, WALSH, BRABENEC, MILLER, DURSO, DiPIE- TRO, McDONOUGH, MORINELLO, MANKTELOW, SMITH -- Multi-Sponsored by -- M. of A. J. M. GIGLIO -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to designating offenses against law enforcement officers as hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, 2 as amended by chapter 8 of the laws of 2019, are amended to read as 3 follows: 4 1. A person commits a hate crime when he or she commits a specified 5 offense and either: 6 (a) intentionally selects the person against whom the offense is 7 committed or intended to be committed in whole or in substantial part 8 because of a belief or perception regarding the race, color, national 9 origin, ancestry, gender, gender identity or expression, religion, reli- 10 gious practice, age, disability, or because of actual or perceived 11 employment as emergency medical services personnel, a firefighter or a 12 law enforcement officer, or sexual orientation of a person, regardless 13 of whether the belief or perception is correct, or 14 (b) intentionally commits the act or acts constituting the offense in 15 whole or in substantial part because of a belief or perception regarding 16 the race, color, national origin, ancestry, gender, gender identity or 17 expression, religion, religious practice, age, disability, or because of 18 actual or perceived employment as emergency medical services personnel, 19 a firefighter or a law enforcement officer, or sexual orientation of a 20 person, regardless of whether the belief or perception is correct. 21 2. Proof of race, color, national origin, ancestry, gender, gender 22 identity or expression, religion, religious practice, age, disability, 23 or because of actual or perceived employment as emergency medical EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08198-01-3A. 3417 2 1 services personnel, a firefighter or a law enforcement officer, or sexu- 2 al orientation of the defendant, the victim or of both the defendant and 3 the victim does not, by itself, constitute legally sufficient evidence 4 satisfying the people's burden under paragraph (a) or (b) of subdivision 5 one of this section. 6 4. For purposes of this section: 7 (a) the term "age" means sixty years old or more; 8 (b) the term "disability" means a physical or mental impairment that 9 substantially limits a major life activity; 10 (c) the term "gender identity or expression" means a person's actual 11 or perceived gender-related identity, appearance, behavior, expression, 12 or other gender-related characteristic regardless of the sex assigned to 13 that person at birth, including, but not limited to, the status of being 14 transgender; 15 (d) the term "emergency medical services personnel" means persons 16 trained and certified or licensed to provide emergency medical care, 17 whether on a paid or volunteer basis, as part of a basic life support or 18 advanced life support pre-hospital emergency care service or in an emer- 19 gency department or pediatric critical care or specialty unit in a 20 licensed hospital; 21 (e) the term "firefighter" means any firefighter regularly employed by 22 a fire department of any municipality of the state of New York; and 23 (f) the term "law enforcement officer" means any active or retired 24 city or state law enforcement officer, peace officer, sheriff, deputy 25 sheriff, probation or parole officer, marshal, deputy, wildlife enforce- 26 ment agency, state correctional officer, or commissioned agent of the 27 department of corrections and community supervision, as well as any 28 federal law enforcement officer or employee, whose permanent duties 29 include making arrests, performing search and seizures, execution of 30 criminal arrest warrants, execution of civil seizure warrants, any civil 31 functions performed by sheriffs or deputy sheriffs, enforcement of penal 32 or traffic laws, or the care, custody, control or supervision of 33 inmates. 34 § 2. This act shall take effect immediately.