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

                                         8590

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 29, 2009
                                      ___________

       Introduced by M. of A. HOOPER -- read once and referred to the Committee
         on Codes

       AN  ACT  to  amend the penal law, in relation to presumptive evidence of
         hate crimes

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Section 485.05 of the penal law is amended by adding a new
    2  subdivision 5 to read as follows:
    3    5. DURING THE COMMISSION OF A SPECIFIED OFFENSE, IT SHALL BE  PRESUMP-
    4  TIVE EVIDENCE OF A HATE CRIME WHEN THE OFFENDER VERBALLY UTILIZES ANY OF
    5  THE COMMONLY KNOWN PROFANE SLURS OR BIASED LANGUAGE USED TO DESCRIBE THE
    6  RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER, RELIGION, RELIGIOUS
    7  PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF THE VICTIM.
    8    S 2. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.






        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11978-01-9