S04691 Summary:

BILL NO    S04691A

SAME AS    SAME AS A09478-A

SPONSOR    GOODMAN

COSPNSR    LACK, HOFFMANN, SPANO, SPANO

MLTSPNSR   

Add Part 4 Title Y SS485.00 - 485.10, amd SS240.30, 240.31 & 240.00, Pen L; amd
S200.50, CP L;amd S837, Exec L

Enacts the "hate crimes act of 2000"; provides that the commission of certain
specified crimes which are committed in whole or substantial part because of a
belief or perception regarding the race, color, national origin, ancestry,
gender, religion, age, disability or sexual orientation of an individual shall
be punishable as hate crimes.
Go to top

S04691 Actions:

BILL NO    S04691A

04/16/1999 REFERRED TO CODES
01/05/2000 REFERRED TO CODES
04/10/2000 AMEND AND RECOMMIT TO CODES
04/10/2000 PRINT NUMBER 4691A
06/06/2000 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/06/2000 ORDERED TO THIRD READING CAL.1316
06/07/2000 PASSED SENATE
06/07/2000 DELIVERED TO ASSEMBLY
06/07/2000 referred to codes
06/22/2000 amend and recommit to codes
06/22/2000 assembly reprint number a30002
06/22/2000 reported referred to rules
06/22/2000 rules report cal.1624
06/22/2000 ordered to third reading rules cal.1624
06/22/2000 message of necessity - 3 day message
06/22/2000 passed assembly
06/22/2000 returned to senate
06/22/2000 SENATE CONCURS IN ASSEMBLY AMENDMENTS
06/22/2000 RESTORED TO THIRD READING
06/22/2000 REPASSED SENATE
06/22/2000 RETURNED TO ASSEMBLY
07/05/2000 returned to senate
07/06/2000 DELIVERED TO GOVERNOR
07/10/2000 SIGNED CHAP.107
Go to top

S04691 Votes:

S04691A06/22/2000 119/26
AbbateYChristeYEspaillYHill HoYMazzareERRavitzYTocciNO
AcamporYClarkYEveYHochberYMcEnenyYRhodd CYTokaszY
AlfanoYCohe A YFarrellYHoytYMcLaughYRiveraYTonkoY
ArroyoYCohe M YFasoYJacobsYMillerYRobachYTownsY
AubryYColmanYFerraraYJohnYMillmanYSandersYTownsenNO
BacalleYColtonYFinchNOKaufmanYMillsYScarborYVannY
BarragaNOConnellYFlanagaYKirwanNOMorelleYSchimmiYVitaliaY
BeaYConteYGalefYKleinYMurrayYScozzafYWarnerNO
BoylandYCookYGanttYKolbNONesbittNOSeamanNOWeinsteY
BoyleYCrouchYGlickYKoonYNolanYSeddioERWeisenbER
BragmanYCymbrowYGottfriYLabriolYNormanYSeminerYWeprinY
BrennanYDalyNOGrannisYLafayetYNortzNOSidikmaYWertzNO
BrodskyYD'AndreNOGreenYLentolYOaksNOSmithYWinnerNO
BrownNODarcyYGreeneYLittleNOO'ConneYSpanoYWirthNO
BurlingYDavisYGriffitYLopezYOrtizYStephenYWrightY
Butl DJYDenisYGromackYLusterYOrtloffYStranieYYoungNO
Butl MWNODestitoYGuntherYMageeYParmentYStringeYMr SpkrY
CahillYDiazYHarenbeYMagnareYPerryYSull ECY
CalhounNODiNapolYHayesYManningNOPhefferYSull F Y
CanestrYDingaNOHerbstYMarkeyYPrentisNOSweeneyY
CarrozzYDinowitYHigginsYMatusowYPretlowYTediscoNO
CasaleNOEnglebrYHikindYMayersoERRamirezYThieleY

Go to top

S04691 Memo:

Memo not available
Go to top

S04691 Text:

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

                                        4691--A

                              1999-2000 Regular Sessions

                                   I N  S E N A T E

                                    April 16, 1999
                                      ___________

       Introduced by Sens. GOODMAN, LACK, HOFFMANN, SPANO -- (at request of the
         Governor)  --  read  twice and ordered printed, and when printed to be
         committed to the Committee on Codes -- recommitted to the Committee on
         Codes  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the penal law and the executive law, in relation to hate
         crimes

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

    1    Section 1.  This act shall be known and may  be  cited  as  the  "hate
    2  crimes act of 2000".
    3    S  2.  Part  4  of the penal law is amended by adding a new title Y to
    4  read as follows:

    5                                   TITLE Y
    6                           HATE CRIMES ACT OF 2000
    7                                 ARTICLE 485
    8                                 HATE CRIMES

    9  SECTION 485.00 LEGISLATIVE FINDINGS.
   10          485.05 HATE CRIMES.
   11          485.10 SENTENCING.
   12  S 485.00 LEGISLATIVE FINDINGS.
   13    THE LEGISLATURE FINDS AND DETERMINES AS FOLLOWS: CRIMINAL ACTS INVOLV-
   14  ING VIOLENCE, INTIMIDATION AND DESTRUCTION OF PROPERTY BASED  UPON  BIAS
   15  AND  PREJUDICE  HAVE  BECOME  MORE PREVALENT IN NEW YORK STATE IN RECENT
   16  YEARS.  THE INTOLERABLE TRUTH IS THAT  IN  THESE  CRIMES,  COMMONLY  AND
   17  JUSTLY REFERRED TO AS "HATE CRIMES", VICTIMS ARE INTENTIONALLY SELECTED,
   18  IN  WHOLE  OR  IN  PART,  BECAUSE OF THEIR RACE, COLOR, NATIONAL ORIGIN,
   19  ANCESTRY, GENDER, RELIGION, AGE, DISABILITY OR SEXUAL ORIENTATION.  HATE
   20  CRIMES DO MORE THAN THREATEN THE SAFETY AND  WELFARE  OF  ALL  CITIZENS.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.
                                                                  LBD12005-07-0

       S. 4691--A                          2

    1  THEY  INFLICT  ON VICTIMS INCALCULABLE PHYSICAL AND EMOTIONAL DAMAGE AND
    2  TEAR AT THE VERY FABRIC OF FREE SOCIETY. HATE CRIMES CAN AND  DO  INTIM-
    3  IDATE  AND  DISRUPT  ENTIRE COMMUNITIES AND VITIATE THE CIVILITY THAT IS
    4  ESSENTIAL  TO  HEALTHY  DEMOCRATIC PROCESSES.   IN A DEMOCRATIC SOCIETY,
    5  CITIZENS CANNOT BE REQUIRED TO APPROVE OF THE BELIEFS AND  PRACTICES  OF
    6  OTHERS, BUT MUST NEVER COMMIT CRIMINAL ACTS ON ACCOUNT OF THEM.  CURRENT
    7  LAW  DOES NOT ADEQUATELY RECOGNIZE THE HARM TO PUBLIC ORDER AND INDIVID-
    8  UAL SAFETY THAT  HATE  CRIMES  CAUSE.    THEREFORE,  OUR  LAWS  MUST  BE
    9  STRENGTHENED  TO PROVIDE CLEAR RECOGNITION OF THE GRAVITY OF HATE CRIMES
   10  AND THE COMPELLING IMPORTANCE OF PREVENTING THEIR RECURRENCE.
   11    ACCORDINGLY, THE LEGISLATURE  FINDS  AND  DECLARES  THAT  HATE  CRIMES
   12  SHOULD BE PROSECUTED AND PUNISHED WITH APPROPRIATE SEVERITY.
   13  S 485.05 HATE CRIMES.
   14    1.  A  PERSON  COMMITS A HATE CRIME WHEN HE OR SHE COMMITS A SPECIFIED
   15  OFFENSE AND EITHER:
   16    (A) INTENTIONALLY SELECTS THE  PERSON  AGAINST  WHOM  THE  OFFENSE  IS
   17  COMMITTED  OR  INTENDED  TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART
   18  BECAUSE OF A BELIEF OR PERCEPTION REGARDING THE  RACE,  COLOR,  NATIONAL
   19  ORIGIN,  ANCESTRY,  GENDER,  RELIGION,  AGE, DISABILITY OR SEXUAL ORIEN-
   20  TATION OF A PERSON, REGARDLESS OF WHETHER THE BELIEF  OR  PERCEPTION  IS
   21  CORRECT, OR
   22    (B)  INTENTIONALLY COMMITS THE ACT OR ACTS CONSTITUTING THE OFFENSE IN
   23  WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING
   24  THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, AGE, DISA-
   25  BILITY OR SEXUAL ORIENTATION OF A  PERSON,  REGARDLESS  OF  WHETHER  THE
   26  BELIEF OR PERCEPTION IS CORRECT.
   27    2.  PROOF OF RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION,
   28  AGE, DISABILITY OR SEXUAL ORIENTATION OF THE DEFENDANT, THE VICTIM OR OF
   29  BOTH THE DEFENDANT AND THE VICTIM DOES NOT, BY ITSELF, CONSTITUTE LEGAL-
   30  LY SUFFICIENT EVIDENCE SATISFYING THE PEOPLE'S  BURDEN  UNDER  PARAGRAPH
   31  (A) OR (B) OF SUBDIVISION ONE OF THIS SECTION.
   32    3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
   33  PROVISIONS  OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE THIRD
   34  DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND DEGREE);  SECTION  120.10
   35  (ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
   36  PERSON  LESS  THAN  ELEVEN  YEARS  OLD); SECTION 120.13 (MENACING IN THE
   37  FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND  DEGREE);  SECTION
   38  120.15  (MENACING  IN THE THIRD DEGREE); SECTION 120.20 (RECKLESS ENDAN-
   39  GERMENT IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT  IN
   40  THE  FIRST  DEGREE);  SUBDIVISION ONE OF SECTION 125.15 (MANSLAUGHTER IN
   41  THE SECOND DEGREE); SUBDIVISION ONE,  TWO  OR  FOUR  OF  SECTION  125.20
   42  (MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE SECOND
   43  DEGREE);  SUBDIVISION  ONE OF SECTION 130.35 (RAPE IN THE FIRST DEGREE);
   44  SUBDIVISION ONE OF SECTION 130.50 (SODOMY IN THE FIRST DEGREE); SUBDIVI-
   45  SION ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE FIRST DEGREE); PARAGRAPH
   46  (A) OF SUBDIVISION ONE OF SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE
   47  SECOND DEGREE); PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.70
   48  (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05 (UNLAWFUL
   49  IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10  (UNLAWFUL  IMPRISON-
   50  MENT  IN  THE  FIRST  DEGREE);  SECTION 135.20 (KIDNAPPING IN THE SECOND
   51  DEGREE); SECTION 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60
   52  (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION IN  THE  FIRST
   53  DEGREE); SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE); SECTION
   54  140.15  (CRIMINAL TRESPASS IN THE SECOND DEGREE); SECTION 140.17 (CRIMI-
   55  NAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
   56  DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION  140.30

       S. 4691--A                          3

    1  (BURGLARY IN THE FIRST DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE
    2  FOURTH  DEGREE); SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD DEGREE);
    3  SECTION 145.10 (CRIMINAL MISCHIEF IN THE SECOND DEGREE); SECTION  145.12
    4  (CRIMINAL  MISCHIEF  IN  THE FIRST DEGREE); SECTION 150.05 (ARSON IN THE
    5  FOURTH DEGREE); SECTION 150.10 (ARSON  IN  THE  THIRD  DEGREE);  SECTION
    6  150.15  (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE FIRST
    7  DEGREE); SECTION 155.25 (PETIT LARCENY); SECTION 155.30  (GRAND  LARCENY
    8  IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND  LARCENY IN THE THIRD
    9  DEGREE); SECTION 155.40 (GRAND LARCENY IN THE  SECOND  DEGREE);  SECTION
   10  155.42  (GRAND  LARCENY IN THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN
   11  THE THIRD DEGREE);  SECTION  160.10  (ROBBERY  IN  THE  SECOND  DEGREE);
   12  SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTION 240.25 (HARASSMENT
   13  IN  THE  FIRST  DEGREE);  SUBDIVISION ONE, TWO OR FOUR OF SECTION 240.30
   14  (AGGRAVATED HARASSMENT IN THE SECOND DEGREE); OR ANY ATTEMPT OR CONSPIR-
   15  ACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
   16    4. FOR PURPOSES OF THIS SECTION:
   17    (A) THE TERM "AGE" MEANS SIXTY YEARS OLD OR MORE;
   18    (B) THE TERM "DISABILITY" MEANS A PHYSICAL OR MENTAL  IMPAIRMENT  THAT
   19  SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.
   20  S 485.10 SENTENCING.
   21    1.  WHEN  A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO THIS ARTI-
   22  CLE, AND THE SPECIFIED OFFENSE IS A VIOLENT FELONY OFFENSE,  AS  DEFINED
   23  IN  SECTION  70.02  OF  THIS  CHAPTER,  THE HATE CRIME SHALL BE DEEMED A
   24  VIOLENT FELONY OFFENSE.
   25    2. WHEN A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO THIS ARTICLE
   26  AND THE SPECIFIED OFFENSE IS A MISDEMEANOR OR A CLASS C, D OR E  FELONY,
   27  THE HATE CRIME SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECI-
   28  FIED  OFFENSE  THE  DEFENDANT  COMMITTED,  OR  ATTEMPTED OR CONSPIRED TO
   29  COMMIT.
   30    3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
   31  CONVICTED  OF  A  HATE  CRIME PURSUANT TO THIS ARTICLE AND THE SPECIFIED
   32  OFFENSE IS A CLASS B FELONY:
   33    (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
   34  SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
   35  THIS CHAPTER;
   36    (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
   37  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   38    (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
   39  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   40    (D)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
   41  FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
   42  THIS CHAPTER; AND
   43    (E)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
   44  DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
   45  SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   46    4.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
   47  CONVICTED OF A HATE CRIME PURSUANT TO THIS  ARTICLE  AND  THE  SPECIFIED
   48  OFFENSE  IS  A CLASS A-1 FELONY, THE MINIMUM PERIOD OF THE INDETERMINATE
   49  SENTENCE SHALL BE NOT LESS THAN TWENTY YEARS.
   50    S 3.  Subdivision 3 of section 240.30 of the penal law, as amended  by
   51  chapter 345 of the laws of 1992, is amended to read as follows:
   52    3.  Strikes,  shoves,  kicks,  or otherwise subjects another person to
   53  physical contact, or attempts or threatens to do  the  same  because  of
   54  {the} A BELIEF OR PERCEPTION REGARDING SUCH PERSON'S race, color, {reli-
   55  gion  or}  national origin {of such person}, ANCESTRY, GENDER, RELIGION,

       S. 4691--A                          4

    1  AGE, DISABILITY OR SEXUAL ORIENTATION, REGARDLESS OF WHETHER THE  BELIEF
    2  OR PERCEPTION IS CORRECT; or
    3    S  4.  The  opening  paragraph  of section 240.31 of the penal law, as
    4  amended by chapter 958 of the laws  of  1983,  is  amended  to  read  as
    5  follows:
    6    A  person  is guilty of aggravated harassment in the first degree when
    7  with intent to harass, annoy, threaten or alarm another person,  because
    8  of  {the}  A  BELIEF  OR PERCEPTION REGARDING SUCH PERSON'S race, color,
    9  {religion or} national origin {of such person}, ANCESTRY, GENDER,  RELI-
   10  GION,  AGE,  DISABILITY OR SEXUAL ORIENTATION, REGARDLESS OF WHETHER THE
   11  BELIEF OR PERCEPTION IS CORRECT, he OR SHE:
   12    S 5. Section 240.00 of the penal law is  amended  by  adding  two  new
   13  subdivisions 5 and 6 to read as follows:
   14    5. "AGE" MEANS SIXTY YEARS OLD OR MORE.
   15    6.  "DISABILITY"  MEANS  A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTAN-
   16  TIALLY LIMITS A MAJOR LIFE ACTIVITY.
   17    S 6. Section 837 of the executive law  is  amended  by  adding  a  new
   18  subdivision 4-c to read as follows:
   19    4-C. IN COOPERATION WITH THE CHIEF ADMINISTRATOR OF THE COURTS AS WELL
   20  AS  ANY  OTHER PUBLIC OR PRIVATE AGENCY, COLLECT AND ANALYZE STATISTICAL
   21  AND ALL OTHER INFORMATION AND DATA WITH RESPECT TO THE  NUMBER  OF  HATE
   22  CRIMES  REPORTED OR KNOWN TO THE DIVISION OF STATE POLICE, AND ALL OTHER
   23  POLICE OR PEACE OFFICERS, THE NUMBER OF PERSONS ARRESTED FOR THE COMMIS-
   24  SION OF SUCH CRIMES, THE OFFENSE FOR WHICH THE PERSON WAS ARRESTED,  THE
   25  COUNTY  WITHIN  WHICH  THE ARREST WAS MADE AND THE ACCUSATORY INSTRUMENT
   26  FILED, THE DISPOSITION OF THE ACCUSATORY  INSTRUMENT  FILED,  INCLUDING,
   27  BUT  NOT  LIMITED  TO,  AS  THE  CASE  MAY BE, DISMISSAL, ACQUITTAL, THE
   28  OFFENSE TO WHICH THE DEFENDANT PLED GUILTY, THE  OFFENSE  THE  DEFENDANT
   29  WAS CONVICTED OF AFTER TRIAL, AND THE SENTENCE IMPOSED.
   30    S  7.  This act shall take effect 90 days after it shall have become a
   31  law.
.SO DOC S 4691A         *END*                    BTXT                 1999
Go to top
Page display time = 0.224 sec