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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1953
SPONSOR: Hooper 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 facili-
tate 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: A8590 - 2009-2010 A5250 - 2011-2012
FISCAL IMPLICATIONS: None to the State
EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1953
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
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 § 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.
LBD05678-01-3
