Bill Text: NY A10962 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes that where the people can show a pattern of prior prejudice of a protected class and the offense committed by a defendant is against the same protected class, there may be a rebuttable presumption of a hate crime.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-09-09 - referred to codes [A10962 Detail]

Download: New_York-2019-A10962-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10962

                   IN ASSEMBLY

                                    September 9, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Seawright)
          -- read once and referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to rebuttable presumptions in
          hate crimes

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

     1    Section  1.  Subdivision  2  of  section  485.05  of the penal law, as
     2  amended by chapter 8 of the laws of 2019, is amended to read as follows:
     3    2. (a) Proof of race, color, national origin, ancestry, gender, gender
     4  identity or expression, religion, religious practice, age, disability or
     5  sexual orientation of the defendant, the victim or of both the defendant
     6  and the victim  does  not,  by  itself,  constitute  legally  sufficient
     7  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
     8  subdivision one of this section.
     9    (b) If it is established that (i) a person has committed  a  specified
    10  offense,  as  defined in subdivision three of this section, and (ii) the
    11  people have established a defendant's pattern of prior prejudice regard-
    12  ing race, color, national origin, ancestry, gender, gender  identity  or
    13  expression,  religion,  religious  practice,  age,  disability or sexual
    14  orientation, and (iii) the  offense  committed  by  such  defendant  was
    15  against  the  same  protected class as the defendant's established prior
    16  prejudice then the people  may  request  the  court  find  a  rebuttable
    17  presumption that such person committed a hate crime pursuant to subdivi-
    18  sion one of this section.
    19    §  2.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17237-02-0