Bill Text: NY S07072 | 2017-2018 | General Assembly | Introduced

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Bill Title: Categorizes hate crimes as serious offenses in relation to possession of firearms.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S07072 Detail]

Download: New_York-2017-S07072-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7072
                    IN SENATE
                                       (Prefiled)
                                     January 3, 2018
                                       ___________
        Introduced  by Sen. KAVANAGH -- 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 categorizing  hate  crimes
          as  serious  offenses  in  relation  to  possession of firearms and to
          repeal certain provisions of such law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. (a) As the New York state legislature
     2  found in enacting the Hate Crimes Act of 2000, "The intolerable truth is
     3  that  in these crimes, commonly and justly referred to as 'hate crimes',
     4  victims are intentionally selected, in whole  or  in  part,  because  of
     5  their  race,  color,  national origin, ancestry, gender, religion, reli-
     6  gious practice, age, disability or sexual orientation.  Hate  crimes  do
     7  more  than threaten the safety and welfare of all citizens. They inflict
     8  on victims incalculable physical and emotional damage and  tear  at  the
     9  very fabric of free society. Crimes motivated by invidious hatred toward
    10  particular  groups  not only harm individual victims but send a powerful
    11  message of intolerance and discrimination to all members of the group to
    12  which the victim belongs. Hate crimes can and do intimidate and  disrupt
    13  entire communities and vitiate the civility that is essential to healthy
    14  democratic processes."
    15    (b)  The  pernicious  harm  of hate crimes on targeted individuals and
    16  communities is compounded by the use of firearms to  threaten  and  harm
    17  the  victims.  According  to one recent analysis, between 2010 and 2015,
    18  there were roughly 46,500 hate crimes committed  in  the  United  States
    19  that involved a gun. The threat of a gun from dangerous extremists sends
    20  a  clear  message  that  they  not  only harbor feelings of bias or hate
    21  against a particular group, but also that they are willing  to  kill  in
    22  service  of  this ideology. Keeping guns out of the hands of individuals
    23  who perpetrate hate crimes is therefore a crucial measure to help ensure
    24  the safety of groups that have historically been targeted. Current state
    25  law does not adequately ensure that individuals who have been  convicted
    26  of hate crimes do not have easy access to guns.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11065-06-7
        S. 7072                             2
     1    §  2.  Paragraph  (b) of subdivision 17 of section 265.00 of the penal
     2  law, as amended by section 3 of chapter 232 of  the  laws  of  2010,  is
     3  REPEALED.
     4    §  3.  Paragraph  (b) of subdivision 17 of section 265.00 of the penal
     5  law, as amended by section 2 of chapter 232 of  the  laws  of  2010,  is
     6  amended to read as follows:
     7    (b)  any of the following offenses defined in the penal law: illegally
     8  using, carrying or  possessing  a  pistol  or  other  dangerous  weapon;
     9  possession of burglar's tools; criminal possession of stolen property in
    10  the  third  degree;  escape  in  the  third degree; jostling; fraudulent
    11  accosting; endangering the welfare of a child; the offenses  defined  in
    12  article two hundred thirty-five; issuing abortional articles; permitting
    13  prostitution;  promoting  prostitution  in the third degree; stalking in
    14  the fourth degree; stalking in the third degree; the offenses defined in
    15  article one hundred thirty; the offenses defined in article two  hundred
    16  twenty; the offenses defined in article four hundred eighty-five.
    17    § 4. This act shall take effect on the first of November next succeed-
    18  ing the date on which it shall have become a law.