Bill Text: NY S07040 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands the criteria for a hate crime to include trespass committed at a house of worship.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S07040 Detail]

Download: New_York-2023-S07040-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7040

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 17, 2023
                                       ___________

        Introduced  by  Sen.  WEBER  -- 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 expanding the criteria for
          a hate crime

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section  485.05  of the penal law, as
     2  amended by chapter 8 of the laws of 2019, is amended to read as follows:
     3    1. A person commits a hate crime when he or she:
     4    (a) commits a specified offense and either:
     5    [(a)] (i) intentionally selects the person against whom the offense is
     6  committed or intended to be committed in whole or  in  substantial  part
     7  because  of  a  belief or perception regarding the race, color, national
     8  origin, ancestry, gender, gender identity or expression, religion, reli-
     9  gious practice, age, disability  or  sexual  orientation  of  a  person,
    10  regardless of whether the belief or perception is correct, or
    11    [(b)]  (ii)  intentionally  commits  the  act or acts constituting the
    12  offense in whole or in substantial part because of a belief  or  percep-
    13  tion  regarding  the  race,  color,  national  origin, ancestry, gender,
    14  gender identity or expression, religion, religious practice, age,  disa-
    15  bility  or  sexual  orientation  of  a person, regardless of whether the
    16  belief or perception is correct; or
    17    (b) commits a specified offense or a violation of  section  140.05  of
    18  this  chapter  in  or  on  the grounds of a church, synagogue, mosque or
    19  other house of worship.
    20    § 2. Subdivision 2 of section 485.10 of the penal  law,  as  added  by
    21  chapter 107 of the laws of 2000,  is amended to read as follows:
    22    2. When a person is convicted of a hate crime pursuant to this article
    23  and  the specified offense is a violation, a misdemeanor or a class C, D
    24  or E felony, the hate crime shall be deemed to be  one  category  higher
    25  than  the  specified  offense  the  defendant committed, or one category

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11072-01-3
        S. 7040                             2

     1  higher than the offense level applicable to the  defendant's  conviction
     2  for an attempt or conspiracy to commit a specified offense, whichever is
     3  applicable.
     4    § 3. This act shall take effect immediately.