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