S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1450

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 7, 2009
                                      ___________

       Introduced  by M. of A. WRIGHT, ALFANO -- Multi-Sponsored by -- M. of A.
         JEFFRIES -- read once and referred 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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00407-01-9

       A. 1450                             2

    1  SECTION  140.17;  CRIMINAL  MISCHIEF  IN  THE  THIRD  DEGREE PURSUANT TO
    2  SECTION 145.05; CRIMINAL MISCHIEF  IN  THE  FOURTH  DEGREE  PURSUANT  TO
    3  SECTION  145.00;  CRIMINAL  MISCHIEF  IN  THE  SECOND DEGREE PURSUANT TO
    4  SECTION  145.10;  CRIMINAL  MISCHIEF  IN  THE  FIRST  DEGREE PURSUANT TO
    5  SECTION 145.12; UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE  PURSUANT  TO
    6  SECTION  135.05;  UNLAWFUL  IMPRISONMENT IN THE FIRST DEGREE PURSUANT TO
    7  SECTION 135.10; KIDNAPPING IN THE  SECOND  DEGREE  PURSUANT  TO  SECTION
    8  135.20;  KIDNAPPING IN THE FIRST DEGREE PURSUANT TO SECTION 135.25; RIOT
    9  IN THE SECOND DEGREE PURSUANT TO  SECTION  240.05;  RIOT  IN  THE  FIRST
   10  DEGREE  PURSUANT  TO  SECTION  240.06;  AND INCITING TO RIOT PURSUANT TO
   11  SECTION 240.08 OF THIS CHAPTER.
   12    2. A PERSON IS GUILTY OF BIAS RELATED CRIME WHEN HE OR SHE HAS COMMIT-
   13  TED A DESIGNATED OFFENSE THAT DEMONSTRATES  A  PREJUDICE  BASED  ON  THE
   14  ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, ETHNIC-
   15  ITY,  DISABILITY,  GENDER  OR  SEXUAL  ORIENTATION OF THE VICTIM OF SUCH
   16  DESIGNATED OFFENSE.
   17    BIAS RELATED CRIME IS A CLASSIFICATION OF FELONY  OR  MISDEMEANOR  ONE
   18  DEGREE HIGHER THAN THE UNDERLYING OFFENSE.
   19    S 2. Subdivision 2 of section 720.10 of the criminal procedure law, as
   20  amended  by chapter 416 of the laws of 1986 and paragraph (a) as amended
   21  by chapter 316 of the laws of 2006, is amended to read as follows:
   22    2. "Eligible youth" means a youth who is eligible to be found a youth-
   23  ful offender. Every youth is so eligible unless:
   24    (a) the conviction to be replaced by a youthful  offender  finding  is
   25  for  (i)  a  class  A-I or class A-II felony, or (ii) an armed felony as
   26  defined in subdivision forty-one of section 1.20, except as provided  in
   27  subdivision  three,  or  (iii) rape in the first degree, criminal sexual
   28  act in the first degree, or aggravated sexual abuse, except as  provided
   29  in  subdivision three, or (IV) A BIAS RELATED CRIME AS DEFINED IN SUBDI-
   30  VISION TWO OF SECTION 491.00 OF THE PENAL LAW, OR
   31    (b) such youth has previously been convicted and sentenced for a felo-
   32  ny, or
   33    (c)  such youth has previously been adjudicated  a  youthful  offender
   34  following  conviction  of  a  felony or has been adjudicated on or after
   35  September first, nineteen hundred seventy-eight  a  juvenile  delinquent
   36  who  committed  a  designated  felony act as defined in the family court
   37  act.
   38    S 3. This act shall take effect on the one hundred eightieth day after
   39  it shall have become a law.