Increases the sentencing classification of misdemeanor hate crime offenses or of an attempt or conspiracy to commit a specified offense that is a misdemeanor to a class E felony.
STATE OF NEW YORK
________________________________________________________________________
2159
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. EICHENSTEIN, SEAWRIGHT -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the classifica-
tion of misdemeanor hate crime offenses to a felony
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 485.10 of the penal law, as added
2 by chapter 107 of the laws of 2000, is amended to read as follows:
3 2. When a person is convicted of a hate crime pursuant to this article
4 and the specified offense is [a misdemeanor or] a class C, D or E felo-
5 ny, the hate crime shall be deemed to be one category higher than the
6 specified offense the defendant committed, or one category higher than
7 the offense level applicable to the defendant's conviction for an
8 attempt or conspiracy to commit a specified offense, whichever is appli-
9 cable. When a person is convicted of a hate crime pursuant to this arti-
10 cle and the specified offense is a misdemeanor or an attempt or conspir-
11 acy to commit a specified offense that is a misdemeanor, the hate crime
12 shall be deemed to be a class E felony.
13 § 2. This act shall take effect on the one hundred twentieth day after
14 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02278-01-5
