Creates a rebuttable presumption of evidence and prima facie case; increases incarceration sentence; requires the court to impose a monetary fine for the cost of prosecution.
STATE OF NEW YORK
________________________________________________________________________
4413
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. DICKENS -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal 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. Subdivision 2 of section 485.05 of the penal law, as
2 amended by chapter 8 of the laws of 2019, is amended to read as follows:
3 2. Proof of race, color, national origin, ancestry, gender, gender
4 identity or expression, religion, religious practice, age, disability or
5 sexual orientation of the defendant, the victim or of both the defendant
6 and the victim [does not, by itself, constitute legally sufficient
7 evidence satisfying] creates a rebuttable presumption of evidence and
8 prima facie case sufficient to satisfy the people's burden upon such
9 element of the crime, animus, under paragraph (a) or (b) of subdivision
10 one of this section.
11 § 2. Subdivisions 3 and 4 of section 485.10 of the penal law, as added
12 by chapter 107 of the laws of 2000, are amended to read as follows:
13 3. Notwithstanding any other provision of law, when a person is
14 convicted of a hate crime pursuant to this article and the specified
15 offense is a class B felony:
16 (a) the maximum term of the indeterminate sentence must be at least
17 [six] ten years if the defendant is sentenced pursuant to section 70.00
18 of this chapter;
19 (b) the term of the determinate sentence must be at least [eight] ten
20 years if the defendant is sentenced pursuant to section 70.02 of this
21 chapter;
22 (c) the term of the determinate sentence must be at least [twelve]
23 fifteen years if the defendant is sentenced pursuant to section 70.04 of
24 this chapter;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03136-01-3
A. 4413 2
1 (d) the maximum term of the indeterminate sentence must be at least
2 [four] six years if the defendant is sentenced pursuant to section 70.05
3 of this chapter; and
4 (e) the maximum term of the indeterminate sentence or the term of the
5 determinate sentence must be at least [ten] fifteen years if the defend-
6 ant is sentenced pursuant to section 70.06 of this chapter.
7 4. Notwithstanding any other provision of law, when a person is
8 convicted of a hate crime pursuant to this article and the specified
9 offense is a class A-1 felony, the minimum period of the indeterminate
10 sentence shall be not less than [twenty] twenty-five years.
11 § 3. Section 485.10 of the penal law is amended by adding a new subdi-
12 vision 6 to read as follows:
13 6. The court shall impose a monetary fine that equates the cost of
14 prosecution.
15 § 4. This act shall take effect on the first of July next succeeding
16 the date on which it shall have become a law.
