Bill Text: NY A11173 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 11173 (Prior Session Legislation)

Introduced

Bill Title: Expands the definition of hate crime to include immigration status as a category a person can be targeted for.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-14 - ordered to third reading rules cal.240 [A11173 Detail]

Download: New_York-2017-A11173-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          11173
                   IN ASSEMBLY
                                      June 12, 2018
                                       ___________
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Espinal) --
          read once and referred to the Committee on Codes
        AN ACT to amend the penal law,  in  relation  to  including  immigration
          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. Subdivisions one and two of section  485.05  of  the  penal
     2  law, as added by chapter 107 of the laws of 2000, 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,  religion,  religious  practice, immigration
    10  status, age, disability or sexual orientation of a person, regardless of
    11  whether the belief or perception is 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  the  race, color, national origin, ancestry, gender, religion, religious
    15  practice, immigration status, age, disability or sexual orientation of a
    16  person, regardless of whether the belief or perception is correct.
    17    2. Proof of race, color, national origin, ancestry, gender,  religion,
    18  religious practice, immigration status, age, disability or sexual orien-
    19  tation  of  the  defendant,  the victim or of both the defendant and the
    20  victim does not,  by  itself,  constitute  legally  sufficient  evidence
    21  satisfying the people's burden under paragraph (a) or (b) of subdivision
    22  one of this section.
    23    §  2.  This  act shall take effect on the thirtieth day after it shall
    24  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07227-03-8