Bill Text: NY S00064 | 2015-2016 | General Assembly | Introduced

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Bill Title: Enacts the Michael Sandy Act, providing that evidence of a defendant and victim having the same protected category is inadmissible in hate crime cases unless determined relevant by the court.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S00064 Detail]

Download: New_York-2015-S00064-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          64
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sens. HOYLMAN, SERRANO -- read twice and ordered printed,
         and when printed to be committed to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation to enacting  the
         Michael Sandy act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited  as  the  "Michael
    2  Sandy act".
    3    S  2.  The  criminal  procedure law is amended by adding a new section
    4  60.77 to read as follows:
    5  S 60.77 RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE  OF  DEFENDANT  AND
    6            VICTIM FALLING UNDER THE SAME PROTECTED CATEGORY IN HATE CRIME
    7            CASES.
    8    EVIDENCE  OF  DEFENDANT  HAVING THE SAME RACE, COLOR, NATIONAL ORIGIN,
    9  ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY,  SEXUAL
   10  ORIENTATION,  OR OTHER CATEGORY, DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-
   11  FIVE OF THE PENAL LAW, OF THE VICTIM MAY NOT BE  ADMITTED  IN  A  PROSE-
   12  CUTION  FOR  ANY OFFENSE, OR AN ATTEMPT TO COMMIT AN OFFENSE, DEFINED IN
   13  ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, UNLESS SUCH  EVIDENCE
   14  IS  DETERMINED  BY THE COURT TO BE RELEVANT AND ADMISSIBLE IN THE INTER-
   15  ESTS OF JUSTICE, AFTER AN OFFER  OF  PROOF  BY  THE  PROPONENT  OF  SUCH
   16  EVIDENCE  OUTSIDE  THE HEARING OF THE JURY, OR SUCH HEARING AS THE COURT
   17  MAY REQUIRE, AND A STATEMENT BY THE COURT OF ITS FINDINGS OF FACT ESSEN-
   18  TIAL TO ITS DETERMINATION.
   19    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01378-01-5