Bill Text: NY S00283 | 2025-2026 | General Assembly | Introduced
Bill Title: Designates offenses against law enforcement officers as hate crimes; designates making graffiti as a specified offense.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00283 Detail]
Download: New_York-2025-S00283-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 283 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. RHOADS, BORRELLO, OBERACKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to designating offenses against law enforcement officers as hate crimes and makes graffiti a hate crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 1 and subdivision 2 2 of section 485.05 of the penal law, as amended by chapter 8 of the laws 3 of 2019, are amended to read as follows: 4 (a) intentionally selects the person against whom the offense is 5 committed or intended to be committed in whole or in substantial part 6 because of a belief or perception regarding (i) the race, color, 7 national origin, ancestry, gender, gender identity or expression, reli- 8 gion, religious practice, age, disability or sexual orientation of a 9 person or (ii) because of actual or perceived employment as a law 10 enforcement officer, regardless of whether the belief or perception is 11 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 (i) the race, color, national origin, ancestry, gender, gender identity 15 or expression, religion, religious practice, age, disability or sexual 16 orientation of a person or (ii) because of actual or perceived employ- 17 ment as a law enforcement officer, regardless of whether the belief or 18 perception is correct. 19 2. Proof of race, color, national origin, ancestry, gender, gender 20 identity or expression, religion, religious practice, age, disability or 21 sexual orientation or employment as a law enforcement officer of the 22 defendant, the victim or of both the defendant and the victim does not, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00683-01-5S. 283 2 1 by itself, constitute legally sufficient evidence satisfying the 2 people's burden under paragraph (a) or (b) of subdivision one of this 3 section. 4 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by 5 section 2 of part C of chapter 55 of the laws of 2024, is amended to 6 read as follows: 7 3. A "specified offense" is an offense defined by any of the following 8 provisions of this chapter: section 120.00 (assault in the third 9 degree); section 120.05 (assault in the second degree); section 120.06 10 (gang assault in the second degree); section 120.07 (gang assault in the 11 first degree); section 120.10 (assault in the first degree); section 12 120.12 (aggravated assault upon a person less than eleven years old); 13 section 120.13 (menacing in the first degree); section 120.14 (menacing 14 in the second degree); section 120.15 (menacing in the third degree); 15 section 120.20 (reckless endangerment in the second degree); section 16 120.25 (reckless endangerment in the first degree); section 121.11 17 (criminal obstruction of breathing or blood circulation); section 121.12 18 (strangulation in the second degree); section 121.13 (strangulation in 19 the first degree); subdivision one of section 125.15 (manslaughter in 20 the second degree); subdivision one, two or four of section 125.20 21 (manslaughter in the first degree); section 125.25 (murder in the second 22 degree); section 125.26 (aggravated murder); section 125.27 (murder in 23 the first degree); section 120.45 (stalking in the fourth degree); 24 section 120.50 (stalking in the third degree); section 120.55 (stalking 25 in the second degree); section 120.60 (stalking in the first degree); 26 section 130.20 (sexual misconduct); section 130.25 (rape in the third 27 degree); section 130.30 (rape in the second degree); section 130.35 28 (rape in the first degree); former section 130.40; former section 29 130.45; former section 130.50; section 130.52 (forcible touching); 30 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 31 in the third degree); section 130.60 (sexual abuse in the second 32 degree); section 130.65 (sexual abuse in the first degree); section 33 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 34 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 35 vated sexual abuse in the second degree); section 130.70 (aggravated 36 sexual abuse in the first degree); section 135.05 (unlawful imprisonment 37 in the second degree); section 135.10 (unlawful imprisonment in the 38 first degree); section 135.20 (kidnapping in the second degree); section 39 135.25 (kidnapping in the first degree); section 135.60 (coercion in the 40 third degree); section 135.61 (coercion in the second degree); section 41 135.65 (coercion in the first degree); section 140.10 (criminal trespass 42 in the third degree); section 140.15 (criminal trespass in the second 43 degree); section 140.17 (criminal trespass in the first degree); section 44 140.20 (burglary in the third degree); section 140.25 (burglary in the 45 second degree); section 140.30 (burglary in the first degree); section 46 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi- 47 nal mischief in the third degree); section 145.10 (criminal mischief in 48 the second degree); section 145.12 (criminal mischief in the first 49 degree); section 145.60 (making graffiti); section 150.05 (arson in the 50 fourth degree); section 150.10 (arson in the third degree); section 51 150.15 (arson in the second degree); section 150.20 (arson in the first 52 degree); section 155.25 (petit larceny); section 155.30 (grand larceny 53 in the fourth degree); section 155.35 (grand larceny in the third 54 degree); section 155.40 (grand larceny in the second degree); section 55 155.42 (grand larceny in the first degree); section 160.05 (robbery in 56 the third degree); section 160.10 (robbery in the second degree);S. 283 3 1 section 160.15 (robbery in the first degree); section 230.34 (sex traf- 2 ficking); section 230.34-a (sex trafficking of a child); section 240.25 3 (harassment in the first degree); subdivision one, two or four of 4 section 240.30 (aggravated harassment in the second degree); section 5 240.50 (falsely reporting an incident in the third degree); section 6 240.55 (falsely reporting an incident in the second degree); section 7 240.60 (falsely reporting an incident in the first degree); subdivision 8 one of section 265.03 (criminal possession of a weapon in the second 9 degree); subdivision one of section 265.04 (criminal possession of a 10 weapon in the first degree); section 490.10 (soliciting or providing 11 support for an act of terrorism in the second degree); section 490.15 12 (soliciting or providing support for an act of terrorism in the first 13 degree); section 490.20 (making a terroristic threat); section 490.25 14 (crime of terrorism); section 490.30 (hindering prosecution of terrorism 15 in the second degree); section 490.35 (hindering prosecution of terror- 16 ism in the first degree); section 490.37 (criminal possession of a chem- 17 ical weapon or biological weapon in the third degree); section 490.40 18 (criminal possession of a chemical weapon or biological weapon in the 19 second degree); section 490.45 (criminal possession of a chemical weapon 20 or biological weapon in the first degree); section 490.47 (criminal use 21 of a chemical weapon or biological weapon in the third degree); section 22 490.50 (criminal use of a chemical weapon or biological weapon in the 23 second degree); section 490.55 (criminal use of a chemical weapon or 24 biological weapon in the first degree); or any attempt or conspiracy to 25 commit any of the foregoing offenses. 26 § 3. This act shall take effect immediately.
