Bill Text: NY A04377 | 2021-2022 | General Assembly | Introduced
Bill Title: Designates offenses against law enforcement officers as hate crimes and designates making graffiti as a specified offense.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A04377 Detail]
Download: New_York-2021-A04377-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4377 2021-2022 Regular Sessions IN ASSEMBLY February 4, 2021 ___________ Introduced by M. of A. RA -- 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 and makes graffiti a hate crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 1 and subdivision 2 2 of section 485.05 of the penal law, as amended by chapter 8 of the laws 3 of 2019, are amended to read as follows: 4 (a) intentionally selects the person against whom the offense is 5 committed or intended to be committed in whole or in substantial part 6 because of a belief or perception regarding (i) the race, color, 7 national origin, ancestry, gender, gender identity or expression, reli- 8 gion, religious practice, age, disability or sexual orientation of a 9 person or (ii) because of actual or perceived employment as a law 10 enforcement officer, regardless of whether the belief or perception is 11 correct, or 12 (b) intentionally commits the act or acts constituting the offense in 13 whole or in substantial part because of a belief or perception regarding 14 (i) the race, color, national origin, ancestry, gender, gender identity 15 or expression, religion, religious practice, age, disability or sexual 16 orientation of a person or (ii) because of actual or perceived employ- 17 ment as a law enforcement officer, regardless of whether the belief or 18 perception is correct. 19 2. Proof of race, color, national origin, ancestry, gender, gender 20 identity or expression, religion, religious practice, age, disability or 21 sexual orientation or employment as a law enforcement officer of the 22 defendant, the victim or of both the defendant and the victim does not, 23 by itself, constitute legally sufficient evidence satisfying the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08065-01-1A. 4377 2 1 people's burden under paragraph (a) or (b) of subdivision one of this 2 section. 3 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by 4 section 3 of part R of chapter 55 of the laws of 2020, is amended to 5 read as follows: 6 3. A "specified offense" is an offense defined by any of the following 7 provisions of this chapter: section 120.00 (assault in the third 8 degree); section 120.05 (assault in the second degree); section 120.10 9 (assault in the first degree); section 120.12 (aggravated assault upon a 10 person less than eleven years old); section 120.13 (menacing in the 11 first degree); section 120.14 (menacing in the second degree); section 12 120.15 (menacing in the third degree); section 120.20 (reckless endan- 13 germent in the second degree); section 120.25 (reckless endangerment in 14 the first degree); section 121.12 (strangulation in the second degree); 15 section 121.13 (strangulation in the first degree); subdivision one of 16 section 125.15 (manslaughter in the second degree); subdivision one, two 17 or four of section 125.20 (manslaughter in the first degree); section 18 125.25 (murder in the second degree); section 120.45 (stalking in the 19 fourth degree); section 120.50 (stalking in the third degree); section 20 120.55 (stalking in the second degree); section 120.60 (stalking in the 21 first degree); subdivision one of section 130.35 (rape in the first 22 degree); subdivision one of section 130.50 (criminal sexual act in the 23 first degree); subdivision one of section 130.65 (sexual abuse in the 24 first degree); paragraph (a) of subdivision one of section 130.67 25 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 26 vision one of section 130.70 (aggravated sexual abuse in the first 27 degree); section 135.05 (unlawful imprisonment in the second degree); 28 section 135.10 (unlawful imprisonment in the first degree); section 29 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 30 the first degree); section 135.60 (coercion in the third degree); 31 section 135.61 (coercion in the second degree); section 135.65 (coercion 32 in the first degree); section 140.10 (criminal trespass in the third 33 degree); section 140.15 (criminal trespass in the second degree); 34 section 140.17 (criminal trespass in the first degree); section 140.20 35 (burglary in the third degree); section 140.25 (burglary in the second 36 degree); section 140.30 (burglary in the first degree); section 145.00 37 (criminal mischief in the fourth degree); section 145.05 (criminal 38 mischief in the third degree); section 145.10 (criminal mischief in the 39 second degree); section 145.12 (criminal mischief in the first degree); 40 section 145.60 (making graffiti); section 150.05 (arson in the fourth 41 degree); section 150.10 (arson in the third degree); section 150.15 42 (arson in the second degree); section 150.20 (arson in the first 43 degree); section 155.25 (petit larceny); section 155.30 (grand larceny 44 in the fourth degree); section 155.35 (grand larceny in the third 45 degree); section 155.40 (grand larceny in the second degree); section 46 155.42 (grand larceny in the first degree); section 160.05 (robbery in 47 the third degree); section 160.10 (robbery in the second degree); 48 section 160.15 (robbery in the first degree); section 240.25 (harassment 49 in the first degree); subdivision one[,] or two [or four] of section 50 240.30 (aggravated harassment in the second degree); section 490.10 51 (soliciting or providing support for an act of terrorism in the second 52 degree); section 490.15 (soliciting or providing support for an act of 53 terrorism in the first degree); section 490.20 (making a terroristic 54 threat); section 490.25 (crime of terrorism); section 490.30 (hindering 55 prosecution of terrorism in the second degree); section 490.35 (hinder- 56 ing prosecution of terrorism in the first degree); section 490.37 (crim-A. 4377 3 1 inal possession of a chemical weapon or biological weapon in the third 2 degree); section 490.40 (criminal possession of a chemical weapon or 3 biological weapon in the second degree); section 490.45 (criminal 4 possession of a chemical weapon or biological weapon in the first 5 degree); section 490.47 (criminal use of a chemical weapon or biological 6 weapon in the third degree); section 490.50 (criminal use of a chemical 7 weapon or biological weapon in the second degree); section 490.55 (crim- 8 inal use of a chemical weapon or biological weapon in the first degree); 9 or any attempt or conspiracy to commit any of the foregoing offenses. 10 § 3. This act shall take effect immediately.
