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AB1766 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1766
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2017
                                       ___________
 
        Introduced  by  M. of A. MOYA -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation  to  including  a  scheme  to
          defraud  as  a  specified  offense as a hate crime and including immi-
          gration 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. Section 485.05 of the penal law, as added by chapter 107 of
     2  the laws of 2000, subdivision 3 as amended by chapter 405 of the laws of
     3  2010, is amended to read as follows:
     4  § 485.05 Hate crimes.
     5    1.  A  person  commits a hate crime when he or she commits a specified
     6  offense and either:
     7    (a) intentionally selects the  person  against  whom  the  offense  is
     8  committed  or  intended  to be committed in whole or in substantial part
     9  because of a belief or perception regarding the  race,  color,  national
    10  origin,  ancestry,  gender,  religion,  religious  practice, immigration
    11  status, age, disability or sexual orientation of a person, regardless of
    12  whether the belief or perception is correct, or
    13    (b) intentionally commits the act or acts constituting the offense  in
    14  whole or in substantial part because of a belief or perception regarding
    15  the  race, color, national origin, ancestry, gender, religion, religious
    16  practice, immigration status, age, disability or sexual orientation of a
    17  person, regardless of whether the belief or perception is correct.
    18    2. Proof of race, color, national origin, ancestry, gender,  religion,
    19  religious practice, immigration status, age, disability or sexual orien-
    20  tation  of  the  defendant,  the victim or of both the defendant and the
    21  victim does not,  by  itself,  constitute  legally  sufficient  evidence
    22  satisfying the people's burden under paragraph (a) or (b) of subdivision
    23  one of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07227-01-7

        A. 1766                             2
 
     1    3. A "specified offense" is an offense defined by any of the following
     2  provisions  of  this  chapter:  section  120.00  (assault  in  the third
     3  degree); section 120.05 (assault in the second degree);  section  120.10
     4  (assault in the first degree); section 120.12 (aggravated assault upon a
     5  person  less  than  eleven  years  old); section 120.13 (menacing in the
     6  first degree); section 120.14 (menacing in the second  degree);  section
     7  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
     8  germent in the second degree); section 120.25 (reckless endangerment  in
     9  the  first degree); section 121.12 (strangulation in the second degree);
    10  section 121.13 (strangulation in the first degree); subdivision  one  of
    11  section 125.15 (manslaughter in the second degree); subdivision one, two
    12  or  four  of  section 125.20 (manslaughter in the first degree); section
    13  125.25 (murder in the second degree); section 120.45  (stalking  in  the
    14  fourth  degree);  section 120.50 (stalking in the third degree); section
    15  120.55 (stalking in the second degree); section 120.60 (stalking in  the
    16  first  degree);  subdivision  one  of  section 130.35 (rape in the first
    17  degree); subdivision one of section 130.50 (criminal sexual act  in  the
    18  first  degree);  subdivision  one of section 130.65 (sexual abuse in the
    19  first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
    20  (aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
    21  vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
    22  degree);  section  135.05  (unlawful imprisonment in the second degree);
    23  section 135.10 (unlawful imprisonment  in  the  first  degree);  section
    24  135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
    25  the first degree); section  135.60  (coercion  in  the  second  degree);
    26  section  135.65 (coercion in the first degree); section 140.10 (criminal
    27  trespass in the third degree); section 140.15 (criminal trespass in  the
    28  second  degree); section 140.17 (criminal trespass in the first degree);
    29  section 140.20 (burglary in the third degree); section 140.25  (burglary
    30  in  the  second  degree); section 140.30 (burglary in the first degree);
    31  section 145.00 (criminal mischief in the fourth degree); section  145.05
    32  (criminal  mischief  in  the  third  degree);  section  145.10 (criminal
    33  mischief in the second degree); section 145.12 (criminal mischief in the
    34  first degree); section 150.05 (arson  in  the  fourth  degree);  section
    35  150.10  (arson in the third degree); section 150.15 (arson in the second
    36  degree); section 150.20 (arson in  the  first  degree);  section  155.25
    37  (petit  larceny);  section  155.30 (grand larceny in the fourth degree);
    38  section 155.35 (grand larceny  in  the  third  degree);  section  155.40
    39  (grand  larceny  in the second degree); section 155.42 (grand larceny in
    40  the first degree); section 160.05 (robbery in the third degree); section
    41  160.10 (robbery in the second degree); section 160.15  (robbery  in  the
    42  first  degree); section 190.60 (scheme to defraud in the second degree);
    43  section 190.65 (scheme to defraud in the first degree);  section  240.25
    44  (harassment  in  the  first  degree);  subdivision  one,  two or four of
    45  section 240.30 (aggravated harassment in  the  second  degree);  or  any
    46  attempt or conspiracy to commit any of the foregoing offenses.
    47    4. For purposes of this section:
    48    (a) the term "age" means sixty years old or more;
    49    (b)  the  term "disability" means a physical or mental impairment that
    50  substantially limits a major life activity.
    51    § 2. This act shall take effect immediately.
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