Requires the district attorney to file information with the accusatory instrument when certain crimes are committed against a female and it is not charged as a hate crime.
STATE OF NEW YORK
________________________________________________________________________
6176
2025-2026 Regular Sessions
IN SENATE
March 6, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to filing infor-
mation with the accusatory instrument where the district attorney does
not charge a person with a hate crime when certain offenses are
committed against female victims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The criminal procedure law is amended by adding a new
2 section 100.65 to read as follows:
3 § 100.65 Reporting by the district attorney in certain cases.
4 1. When a specified offense is committed against a female victim, the
5 district attorney shall set forth their reasoning for not charging the
6 defendant with a hate crime prosecutable under section 485.05 of the
7 penal law.
8 2. Information required by subdivision one of this section shall be
9 filed with the accusatory instrument, as defined by section 1.20 of this
10 chapter.
11 3. A "specified offense" is an offense defined by any of the following
12 provisions of the penal law: section 120.00 (assault in the third
13 degree); section 120.05 (assault in the second degree); section 120.10
14 (assault in the first degree); section 120.12 (aggravated assault upon a
15 person less than eleven years old); section 120.13 (menacing in the
16 first degree); section 120.14 (menacing in the second degree); section
17 120.15 (menacing in the third degree); section 120.20 (reckless endan-
18 germent in the second degree); section 120.25 (reckless endangerment in
19 the first degree); subdivision one of section 125.15 (manslaughter in
20 the second degree); subdivision one, two or four of section 125.20
21 (manslaughter in the first degree); section 125.25 (murder in the second
22 degree); section 120.45 (stalking in the fourth degree); section 120.50
23 (stalking in the third degree); section 120.55 (stalking in the second
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10610-01-5
S. 6176 2
1 degree); section 120.60 (stalking in the first degree); subdivision one
2 of section 130.35 (rape in the first degree); subdivision one of section
3 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision
4 one of section 130.67 (aggravated sexual abuse in the second degree);
5 paragraph (a) of subdivision one of section 130.70 (aggravated sexual
6 abuse in the first degree); section 135.05 (unlawful imprisonment in the
7 second degree); section 135.10 (unlawful imprisonment in the first
8 degree); section 135.20 (kidnapping in the second degree); section
9 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
10 third degree); section 135.65 (coercion in the first degree); section
11 140.10 (criminal trespass in the third degree); section 140.15 (criminal
12 trespass in the second degree); section 140.17 (criminal trespass in the
13 first degree); section 140.20 (burglary in the third degree); section
14 140.25 (burglary in the second degree); section 140.30 (burglary in the
15 first degree); section 145.00 (criminal mischief in the fourth degree);
16 section 145.05 (criminal mischief in the third degree); section 145.10
17 (criminal mischief in the second degree); section 145.12 (criminal
18 mischief in the first degree); section 150.05 (arson in the fourth
19 degree); section 150.10 (arson in the third degree); section 150.15
20 (arson in the second degree); section 150.20 (arson in the first
21 degree); section 155.25 (petit larceny); section 155.30 (grand larceny
22 in the fourth degree); section 155.35 (grand larceny in the third
23 degree); section 155.40 (grand larceny in the second degree); section
24 155.42 (grand larceny in the first degree); section 160.05 (robbery in
25 the third degree); section 160.10 (robbery in the second degree);
26 section 160.15 (robbery in the first degree); section 240.25 (harassment
27 in the first degree); subdivision one, two or four of section 240.30
28 (aggravated harassment in the second degree); or any attempt or conspir-
29 acy to commit any of the foregoing offenses.
30 § 2. This act shall take effect on the ninetieth day after it shall
31 have become a law.
