STATE OF NEW YORK
________________________________________________________________________
5094
2023-2024 Regular Sessions
IN ASSEMBLY
March 2, 2023
___________
Introduced by M. of A. LAVINE, SIMON -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the admission
of a defendant's previous declarations or statements when the crime
committed is a hate crime
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 60.77 to read as follows:
3 § 60.77 Rules of evidence; previous declarations and statements; hate
4 crimes.
5 Evidence of a defendant's previous declarations or statements may be
6 admitted to show the defendant intentionally committed the act or acts
7 constituting a hate crime as set forth in article four hundred eighty-
8 five of the penal law in whole or in substantial part because of a
9 belief or perception regarding the race, color, national origin, ances-
10 try, gender, gender identity or expression, religion, religious prac-
11 tice, age, disability or sexual orientation of a person, subject to the
12 evidentiary rules governing criminal trials set forth in this title.
13 § 2. This act shall take effect on the first on November next succeed-
14 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02766-01-3
