Bill Text: NY A09222 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to including a scheme to defraud as a specified offense as a hate crime and including immigration status as a category a person can be targeted for.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-04 - referred to codes [A09222 Detail]

Download: New_York-2015-A09222-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          9222
                   IN ASSEMBLY
                                    February 4, 2016
                                       ___________
        Introduced  by  M. of A. MOYA -- read once and referred to the Committee
          on Codes
        AN ACT to amend the penal law, in relation  to  including  a  scheme  to
          defraud  as  a  specified  offense as a hate crime and including immi-
          gration status as a category a person can be targeted for
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 485.05 of the penal law, as added by chapter 107 of
     2  the laws of 2000, subdivision 3 as amended by chapter 405 of the laws of
     3  2010, is amended to read as follows:
     4  § 485.05 Hate crimes.
     5    1.  A  person  commits a hate crime when he or she commits a specified
     6  offense and either:
     7    (a) intentionally selects the  person  against  whom  the  offense  is
     8  committed  or  intended  to be committed in whole or in substantial part
     9  because of a belief or perception regarding the  race,  color,  national
    10  origin,  ancestry,  gender,  religion,  religious  practice, immigration
    11  status, age, disability or sexual orientation of a person, regardless of
    12  whether the belief or perception is correct, or
    13    (b) intentionally commits the act or acts constituting the offense  in
    14  whole or in substantial part because of a belief or perception regarding
    15  the  race, color, national origin, ancestry, gender, religion, religious
    16  practice, immigration status, age, disability or sexual orientation of a
    17  person, regardless of whether the belief or perception is correct.
    18    2. Proof of race, color, national origin, ancestry, gender,  religion,
    19  religious practice, immigration status, age, disability or sexual orien-
    20  tation  of  the  defendant,  the victim or of both the defendant and the
    21  victim does not,  by  itself,  constitute  legally  sufficient  evidence
    22  satisfying the people's burden under paragraph (a) or (b) of subdivision
    23  one of this section.
    24    3. A "specified offense" is an offense defined by any of the following
    25  provisions  of  this  chapter:  section  120.00  (assault  in  the third
    26  degree); section 120.05 (assault in the second degree);  section  120.10
    27  (assault in the first degree); section 120.12 (aggravated assault upon a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13671-01-6