Bill Text: NY A05094 | 2023-2024 | General Assembly | Introduced


Bill Title: Allows for the admission of a defendant's previous declarations or statements when the crime committed is a hate crime.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-01-03 - referred to codes [A05094 Detail]

Download: New_York-2023-A05094-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5094

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by  M.  of A. LAVINE, SIMON -- read once and referred to the
          Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to the admission
          of a defendant's previous declarations or statements  when  the  crime
          committed is a hate crime

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 60.77 to read as follows:
     3  § 60.77 Rules  of  evidence;  previous declarations and statements; hate
     4            crimes.
     5    Evidence of a defendant's previous declarations or statements  may  be
     6  admitted  to  show the defendant intentionally committed the act or acts
     7  constituting a hate crime as set forth in article four  hundred  eighty-
     8  five  of  the  penal  law  in  whole or in substantial part because of a
     9  belief or perception regarding the race, color, national origin,  ances-
    10  try,  gender,  gender  identity or expression, religion, religious prac-
    11  tice, age, disability or sexual orientation of a person, subject to  the
    12  evidentiary rules governing criminal trials set forth in this title.
    13    § 2. This act shall take effect on the first on November next succeed-
    14  ing the date on which it shall have become a law.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02766-01-3
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