A08590 Summary:

BILL NO    A08590 

SAME AS    No same as

SPONSOR    Hooper

COSPNSR    

MLTSPNSR   

Amd S485.05, Pen L

States that verbally using commonly known profane slurs or biased language
during the commission of specified offenses shall be presumptive evidence of a
hate crime.

A08590 Actions:

BILL NO    A08590 

05/29/2009 referred to codes
01/06/2010 referred to codes

A08590 Votes:

A08590 Memo:

BILL NUMBER:A8590

TITLE  OF BILL:   An act to amend the penal law, in relation to presump-
tive evidence of hate crimes

PURPOSE:  Change New York State's Hate Crime Law in order to  facilitate
law  enforcement's  ability  to  promptly  charge  a hate crime after an
initial investigation. A recent incident involving the  vicious  assault
of an African-American man in the community of Roosevelt illustrates the
need  for  an amendment to the statute. A presumption added to Penal Law
485.05 to provide that if during  the  commission  of  the  one  of  the
enumerated  crimes  hateful  language,  i.e.  racial or ethnic slurs, is
verbally communicated by the suspect; a  Hate  Crime  may  be  summarily
charged by the police.

SUMMARY  OF  PROVISIONS:    Penal  Law  485.05  be amended by adding the
following provision:

485.05 Hate Crimes Presumption

During the commission of a "Specified Offense"  as  listed  in  the  485
section  of the New New York State Hate Crime Law it will be presumptive
evidence of hate crime motivation  for  this  section  if  the  offender
verbally  utilizes  any  of  the  commonly known Profane slurs or biased
language used to describe the race, color,  national  origin,  ancestry,
gender,  religion,  religious practice, age, disability or sexual orien-
tation of the victim.

The inflammatory language used in these types of crimes  creates  unrest
in our communities. This change would be significant in improving police
relations with all our communities by sending a strong message that bias
typed  behavior  will not be tolerated, especially during the commission
of such serious type crimes.

JUSTIFICATION:  The proposed amendment would  make  it  the  defendant's
burden  to disprove that given the hateful language used, bias was not a
primary or significant motivating factor in committing the crime.  These
would  be  important issues for a court to review. Hate crimes motivated
by invidious hatred toward a particular group need to be recognized  and
properly brought before a court. The amendment will for more cases to be
charged  by  the  police  as  Hate  Crimes and be considered by criminal
courts for the imposition of greater punishment.

LEGISLATIVE HISTORY:  New Bill

FISCAL IMPLICATIONS:  None to the State

EFFECTIVE DATE:  This act shall take effect immediately