Enacts the Michael Sandy Act, providing that evidence of a defendant and victim having the same protected category is inadmissible in hate crime cases unless determined relevant by the court.
STATE OF NEW YORK
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11315
IN ASSEMBLY
August 29, 2018
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Espinal) --
read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to enacting the
Michael Sandy act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Michael
2 Sandy act".
3 § 2. The criminal procedure law is amended by adding a new section
4 60.77 to read as follows:
5 § 60.77 Rules of evidence; admissibility of evidence of defendant and
6 victim falling under the same protected category in hate crime
7 cases.
8 Evidence of defendant having the same race, color, national origin,
9 ancestry, gender, religion, religious practice, age, disability, sexual
10 orientation, or other category, defined in article four hundred eighty-
11 five of the penal law, of the victim may not be admitted in a prose-
12 cution for any offense, or an attempt to commit an offense, defined in
13 article four hundred eighty-five of the penal law, unless such evidence
14 is determined by the court to be relevant and admissible in the inter-
15 ests of justice, after an offer of proof by the proponent of such
16 evidence outside the hearing of the jury, or such hearing as the court
17 may require, and a statement by the court of its findings of fact essen-
18 tial to its determination.
19 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05184-01-7
