STATE OF NEW YORK
________________________________________________________________________
11173
IN ASSEMBLY
June 12, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Espinal) --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to including immigration
status as a category a person can be targeted for
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions one and two of section 485.05 of the penal
2 law, as added by chapter 107 of the laws of 2000, are amended to read as
3 follows:
4 1. A person commits a hate crime when he or she commits a specified
5 offense and either:
6 (a) intentionally selects the person against whom the offense is
7 committed or intended to be committed in whole or in substantial part
8 because of a belief or perception regarding the race, color, national
9 origin, ancestry, gender, religion, religious practice, immigration
10 status, age, disability or sexual orientation of a person, regardless of
11 whether the belief or perception is correct, or
12 (b) intentionally commits the act or acts constituting the offense in
13 whole or in substantial part because of a belief or perception regarding
14 the race, color, national origin, ancestry, gender, religion, religious
15 practice, immigration status, age, disability or sexual orientation of a
16 person, regardless of whether the belief or perception is correct.
17 2. Proof of race, color, national origin, ancestry, gender, religion,
18 religious practice, immigration status, age, disability or sexual orien-
19 tation of the defendant, the victim or of both the defendant and the
20 victim does not, by itself, constitute legally sufficient evidence
21 satisfying the people's burden under paragraph (a) or (b) of subdivision
22 one of this section.
23 § 2. This act shall take effect on the thirtieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07227-03-8
