Bill Text: NY S02084 | 2011-2012 | General Assembly | Introduced

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Bill Title: Proscribes conduct constituting a bias related crime, meaning for such purposes, the commission of a designated act that demonstrates a prejudice based on the race, color, religion, national origin, age, ethnicity, disability, gender or sexual orientation of the victim, and denies the granting of youthful offender status for any offender committing such a crime.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - REFERRED TO CODES [S02084 Detail]

Download: New_York-2011-S02084-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2084
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 18, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
         relation to bias related crime
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a  new  article  491  to
    2  read as follows:
    3                                 ARTICLE 491
    4                             BIAS RELATED CRIMES
    5  SECTION 491.00 BIAS RELATED CRIME.
    6  S 491.00 BIAS RELATED CRIME.
    7    1.  AS USED IN THIS SECTION, THE TERM "DESIGNATED OFFENSE" SHALL MEAN:
    8  ASSAULT IN THE THIRD DEGREE PURSUANT TO SECTION 120.00; ASSAULT  IN  THE
    9  SECOND  DEGREE  PURSUANT  TO SECTION 120.05; ASSAULT IN THE FIRST DEGREE
   10  PURSUANT TO SECTION 120.10; MANSLAUGHTER IN THE SECOND  DEGREE  PURSUANT
   11  TO  SECTION 125.15; MANSLAUGHTER IN THE FIRST DEGREE PURSUANT TO SECTION
   12  125.20; MURDER IN THE SECOND DEGREE PURSUANT TO SECTION 125.25; RAPE  IN
   13  THE  THIRD  DEGREE PURSUANT TO SECTION 130.25; RAPE IN THE SECOND DEGREE
   14  PURSUANT TO SECTION 130.30; RAPE IN THE FIRST DEGREE PURSUANT TO SECTION
   15  130.35; ARSON IN THE THIRD DEGREE PURSUANT TO SECTION 150.10;  ARSON  IN
   16  THE  SECOND DEGREE PURSUANT TO SECTION 150.15; ARSON IN THE FIRST DEGREE
   17  PURSUANT TO SECTION 150.20; ROBBERY IN  THE  THIRD  DEGREE  PURSUANT  TO
   18  SECTION 160.05; ROBBERY IN THE SECOND DEGREE PURSUANT TO SECTION 160.10;
   19  ROBBERY  IN THE FIRST DEGREE PURSUANT TO SECTION 160.15; BURGLARY IN THE
   20  THIRD DEGREE PURSUANT TO SECTION 140.20; BURGLARY IN THE  SECOND  DEGREE
   21  PURSUANT  TO  SECTION  140.25;  BURGLARY IN THE FIRST DEGREE PURSUANT TO
   22  SECTION 140.30; CRIMINAL  TRESPASS  IN  THE  THIRD  DEGREE  PURSUANT  TO
   23  SECTION  140.10;  CRIMINAL  TRESPASS  IN  THE  SECOND DEGREE PURSUANT TO
   24  SECTION 140.15; CRIMINAL  TRESPASS  IN  THE  FIRST  DEGREE  PURSUANT  TO
   25  SECTION  140.17;  CRIMINAL  MISCHIEF  IN  THE  THIRD  DEGREE PURSUANT TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03584-02-1
       S. 2084                             2
    1  SECTION 145.05; CRIMINAL MISCHIEF  IN  THE  FOURTH  DEGREE  PURSUANT  TO
    2  SECTION  145.00;  CRIMINAL  MISCHIEF  IN  THE  SECOND DEGREE PURSUANT TO
    3  SECTION 145.10; CRIMINAL  MISCHIEF  IN  THE  FIRST  DEGREE  PURSUANT  TO
    4  SECTION  145.12;  UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE PURSUANT TO
    5  SECTION 135.05; UNLAWFUL IMPRISONMENT IN THE FIRST  DEGREE  PURSUANT  TO
    6  SECTION  135.10;  KIDNAPPING  IN  THE  SECOND DEGREE PURSUANT TO SECTION
    7  135.20; KIDNAPPING IN THE FIRST DEGREE PURSUANT TO SECTION 135.25;  RIOT
    8  IN  THE  SECOND  DEGREE  PURSUANT  TO  SECTION 240.05; RIOT IN THE FIRST
    9  DEGREE PURSUANT TO SECTION 240.06; AND  INCITING  TO  RIOT  PURSUANT  TO
   10  SECTION 240.08 OF THIS CHAPTER.
   11    2. A PERSON IS GUILTY OF BIAS RELATED CRIME WHEN HE OR SHE HAS COMMIT-
   12  TED  A  DESIGNATED  OFFENSE  THAT  DEMONSTRATES A PREJUDICE BASED ON THE
   13  ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, ETHNIC-
   14  ITY, DISABILITY, GENDER OR SEXUAL ORIENTATION  OF  THE  VICTIM  OF  SUCH
   15  DESIGNATED OFFENSE.
   16    BIAS  RELATED  CRIME  IS A CLASSIFICATION OF FELONY OR MISDEMEANOR ONE
   17  DEGREE HIGHER THAN THE UNDERLYING OFFENSE.
   18    S 2. Subdivision 2 of section 720.10 of the criminal procedure law, as
   19  amended by chapter 416 of the laws of 1986, paragraph (a) as amended  by
   20  chapter 316 of the laws of 2006, is amended to read as follows:
   21    2.    "Eligible  youth"  means  a  youth who is eligible to be found a
   22  youthful offender.  Every youth is so eligible unless:
   23    (a) the conviction to be replaced by a youthful  offender  finding  is
   24  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
   25  defined in subdivision forty-one of section 1.20, except as provided  in
   26  subdivision  three,  or  (iii) rape in the first degree, criminal sexual
   27  act in the first degree, or aggravated sexual abuse, except as  provided
   28  in  subdivision three, or (IV) A BIAS RELATED CRIME AS DEFINED IN SUBDI-
   29  VISION TWO OF SECTION 491.00 OF THE PENAL LAW, OR
   30    (b) such youth has previously been convicted and sentenced for a felo-
   31  ny, or
   32    (c)  such youth has previously been adjudicated  a  youthful  offender
   33  following  conviction  of  a  felony or has been adjudicated on or after
   34  September first, nineteen hundred seventy-eight  a  juvenile  delinquent
   35  who  committed  a  designated  felony act as defined in the family court
   36  act.
   37    S 3. This act shall take effect on the first of November next succeed-
   38  ing the date on which it shall have become a law.