A09222 Summary:

BILL NOA09222A
 
SAME ASSAME AS S08032-A
 
SPONSORLancman (MS)
 
COSPNSRPheffer, Jaffee, Lifton, Boyland, Lavine, Mayersohn, Wright, Skartados, Clark, Jeffries, Markey
 
MLTSPNSRChristensen, Koon, Lupardo, Schimel, Weisenberg
 
Amd S485.05, Pen L
 
Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes; includes the definition of homelessness.
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A09222 Actions:

BILL NOA09222A
 
10/28/2009referred to codes
01/06/2010referred to codes
03/11/2010amend and recommit to codes
03/11/2010print number 9222a
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A09222 Floor Votes:

There are no votes for this bill in this legislative session.
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A09222 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9222--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 28, 2009
                                       ___________
 
        Introduced  by  M.  of  A.  LANCMAN,  PHEFFER,  JAFFEE, LIFTON, BOYLAND,
          LAVINE, MAYERSOHN,  WRIGHT,  SKARTADOS,  CLARK,  JEFFRIES,  MARKEY  --
          Multi-Sponsored  by  -- M.  of A. CHRISTENSEN, KOON, LUPARDO, SCHIMEL,
          WEISENBERG -- read once and referred to  the  Committee  on  Codes  --
          recommitted to the Committee on Codes in accordance with Assembly Rule

          3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the penal  law,  in  relation  to  designating  offenses
          against homeless persons as hate crimes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "homeless protection act".
     3    §  2.  Subdivisions  1, 2 and 4 of section 485.05 of the penal law, as
     4  added by chapter 107 of the  laws  of  2000,  are  amended  to  read  as
     5  follows:
     6    1.  A  person  commits a hate crime when he or she commits a specified
     7  offense and either:
     8    (a) intentionally selects the  person  against  whom  the  offense  is
     9  committed  or  intended  to be committed in whole or in substantial part

    10  because of a belief or perception regarding the  race,  color,  national
    11  origin, ancestry, gender, religion, religious practice, age, disability,
    12  homelessness,  or  sexual orientation of a person, regardless of whether
    13  the belief or perception is correct, or
    14    (b) intentionally commits the act or acts constituting the offense  in
    15  whole or in substantial part because of a belief or perception regarding
    16  the  race, color, national origin, ancestry, gender, religion, religious
    17  practice, age, disability, homelessness,  or  sexual  orientation  of  a
    18  person, regardless of whether the belief or perception is correct.
    19    2.  Proof of race, color, national origin, ancestry, gender, religion,
    20  religious practice, age, disability, homelessness, or sexual orientation
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14626-03-0

        A. 9222--A                          2
 
     1  of the defendant, the victim or of both the  defendant  and  the  victim
     2  does  not,  by itself, constitute legally sufficient evidence satisfying
     3  the people's burden under paragraph (a) or (b)  of  subdivision  one  of
     4  this section.
     5    4. For purposes of this section:
     6    (a) the term "age" means sixty years old or more;
     7    (b)  the  term "disability" means a physical or mental impairment that
     8  substantially limits a major life activity; and
     9    (c) the term "homelessness" means the set of circumstances in which an

    10  individual or family is undomiciled, has no fixed address, lacks a fixed
    11  regular nighttime residence, resides in a  place  not  designed  for  or
    12  ordinarily  used  as  a  regular sleeping accommodation for human beings
    13  (such as a hallway, bus station, lobby or similar place), resides  in  a
    14  homeless shelter, resides in a residential program for victims of domes-
    15  tic violence, or resides in a hotel/motel on a temporary basis.
    16    § 3. This act shall take effect immediately.
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