Bill Text: NY S08032 | 2009-2010 | General Assembly | Amended


Bill Title: Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes; includes the definition of homelessness.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2010-06-29 - PRINT NUMBER 8032A [S08032 Detail]

Download: New_York-2009-S08032-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8032--A
                                   I N  S E N A T E
                                     June 2, 2010
                                      ___________
       Introduced  by  Sens.  BRESLIN, ADAMS, HASSELL-THOMPSON, HUNTLEY, KLEIN,
         KRUEGER, ONORATO, OPPENHEIMER, PARKER, PERKINS, STAVISKY -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Codes -- committee discharged, bill amended, ordered  reprinted  as
         amended and recommitted to said committee
       AN  ACT  to  amend  the  penal  law, in relation to designating offenses
         against homeless persons as hate crimes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "homeless protection act".
    3    S 2. Subdivisions 1, 2 and 4 of section 485.05 of the  penal  law,  as
    4  added  by  chapter  107  of  the  laws  of  2000, are amended to read as
    5  follows:
    6    1. A person commits a hate crime when he or she  commits  a  specified
    7  offense and either:
    8    (a)  intentionally  selects  the  person  against  whom the offense is
    9  committed or intended to be committed in whole or  in  substantial  part
   10  because  of  a  belief or perception regarding the race, color, national
   11  origin, ancestry, gender, religion, religious practice, age, disability,
   12  HOMELESSNESS, or sexual orientation of a person, regardless  of  whether
   13  the belief or perception is correct, or
   14    (b)  intentionally commits the act or acts constituting the offense in
   15  whole or in substantial part because of a belief or perception regarding
   16  the race, color, national origin, ancestry, gender, religion,  religious
   17  practice,  age,  disability,  HOMELESSNESS,  or  sexual orientation of a
   18  person, regardless of whether the belief or perception is correct.
   19    2. Proof of race, color, national origin, ancestry, gender,  religion,
   20  religious practice, age, disability, HOMELESSNESS, or sexual orientation
   21  of  the  defendant,  the  victim or of both the defendant and the victim
   22  does not, by itself, constitute legally sufficient  evidence  satisfying
   23  the  people's  burden  under  paragraph (a) or (b) of subdivision one of
   24  this section.
   25    4. For purposes of this section:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14626-05-0
       S. 8032--A                          2
    1    (a) the term "age" means sixty years old or more;
    2    (b)  the  term "disability" means a physical or mental impairment that
    3  substantially limits a major life activity; AND
    4    (C) THE TERM "HOMELESSNESS" MEANS THE SET OF CIRCUMSTANCES IN WHICH AN
    5  INDIVIDUAL OR FAMILY IS UNDOMICILED, HAS NO FIXED ADDRESS, LACKS A FIXED
    6  REGULAR NIGHTTIME RESIDENCE, RESIDES IN A  PLACE  NOT  DESIGNED  FOR  OR
    7  ORDINARILY  USED  AS  A  REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS
    8  (SUCH AS A HALLWAY, BUS STATION, LOBBY OR SIMILAR PLACE), RESIDES  IN  A
    9  HOMELESS SHELTER, RESIDES IN A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMES-
   10  TIC VIOLENCE, OR RESIDES IN A HOTEL/MOTEL ON A TEMPORARY BASIS.
   11    S 3. This act shall take effect immediately.
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