STATE OF NEW YORK
________________________________________________________________________
5933
2023-2024 Regular Sessions
IN SENATE
March 23, 2023
___________
Introduced by Sen. RHOADS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to designating offenses
against law enforcement officers as hate crimes and makes graffiti a
hate crime
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 1 and subdivision 2
2 of section 485.05 of the penal law, as amended by chapter 8 of the laws
3 of 2019, are amended to read as follows:
4 (a) intentionally selects the person against whom the offense is
5 committed or intended to be committed in whole or in substantial part
6 because of a belief or perception regarding (i) the race, color,
7 national origin, ancestry, gender, gender identity or expression, reli-
8 gion, religious practice, age, disability or sexual orientation of a
9 person or (ii) because of actual or perceived employment as a law
10 enforcement officer, regardless of whether the belief or perception is
11 correct, or
12 (b) intentionally commits the act or acts constituting the offense in
13 whole or in substantial part because of a belief or perception regarding
14 (i) the race, color, national origin, ancestry, gender, gender identity
15 or expression, religion, religious practice, age, disability or sexual
16 orientation of a person or (ii) because of actual or perceived employ-
17 ment as a law enforcement officer, regardless of whether the belief or
18 perception is correct.
19 2. Proof of race, color, national origin, ancestry, gender, gender
20 identity or expression, religion, religious practice, age, disability or
21 sexual orientation or employment as a law enforcement officer of the
22 defendant, the victim or of both the defendant and the victim does not,
23 by itself, constitute legally sufficient evidence satisfying the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06787-01-3
S. 5933 2
1 people's burden under paragraph (a) or (b) of subdivision one of this
2 section.
3 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by
4 section 3 of part R of chapter 55 of the laws of 2020, is amended to
5 read as follows:
6 3. A "specified offense" is an offense defined by any of the following
7 provisions of this chapter: section 120.00 (assault in the third
8 degree); section 120.05 (assault in the second degree); section 120.10
9 (assault in the first degree); section 120.12 (aggravated assault upon a
10 person less than eleven years old); section 120.13 (menacing in the
11 first degree); section 120.14 (menacing in the second degree); section
12 120.15 (menacing in the third degree); section 120.20 (reckless endan-
13 germent in the second degree); section 120.25 (reckless endangerment in
14 the first degree); section 121.12 (strangulation in the second degree);
15 section 121.13 (strangulation in the first degree); subdivision one of
16 section 125.15 (manslaughter in the second degree); subdivision one, two
17 or four of section 125.20 (manslaughter in the first degree); section
18 125.25 (murder in the second degree); section 120.45 (stalking in the
19 fourth degree); section 120.50 (stalking in the third degree); section
20 120.55 (stalking in the second degree); section 120.60 (stalking in the
21 first degree); subdivision one of section 130.35 (rape in the first
22 degree); subdivision one of section 130.50 (criminal sexual act in the
23 first degree); subdivision one of section 130.65 (sexual abuse in the
24 first degree); paragraph (a) of subdivision one of section 130.67
25 (aggravated sexual abuse in the second degree); paragraph (a) of subdi-
26 vision one of section 130.70 (aggravated sexual abuse in the first
27 degree); section 135.05 (unlawful imprisonment in the second degree);
28 section 135.10 (unlawful imprisonment in the first degree); section
29 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in
30 the first degree); section 135.60 (coercion in the third degree);
31 section 135.61 (coercion in the second degree); section 135.65 (coercion
32 in the first degree); section 140.10 (criminal trespass in the third
33 degree); section 140.15 (criminal trespass in the second degree);
34 section 140.17 (criminal trespass in the first degree); section 140.20
35 (burglary in the third degree); section 140.25 (burglary in the second
36 degree); section 140.30 (burglary in the first degree); section 145.00
37 (criminal mischief in the fourth degree); section 145.05 (criminal
38 mischief in the third degree); section 145.10 (criminal mischief in the
39 second degree); section 145.12 (criminal mischief in the first degree);
40 section 145.60 (making graffiti); section 150.05 (arson in the fourth
41 degree); section 150.10 (arson in the third degree); section 150.15
42 (arson in the second degree); section 150.20 (arson in the first
43 degree); section 155.25 (petit larceny); section 155.30 (grand larceny
44 in the fourth degree); section 155.35 (grand larceny in the third
45 degree); section 155.40 (grand larceny in the second degree); section
46 155.42 (grand larceny in the first degree); section 160.05 (robbery in
47 the third degree); section 160.10 (robbery in the second degree);
48 section 160.15 (robbery in the first degree); section 240.25 (harassment
49 in the first degree); subdivision one[,] or two [or four] of section
50 240.30 (aggravated harassment in the second degree); section 490.10
51 (soliciting or providing support for an act of terrorism in the second
52 degree); section 490.15 (soliciting or providing support for an act of
53 terrorism in the first degree); section 490.20 (making a terroristic
54 threat); section 490.25 (crime of terrorism); section 490.30 (hindering
55 prosecution of terrorism in the second degree); section 490.35 (hinder-
56 ing prosecution of terrorism in the first degree); section 490.37 (crim-
S. 5933 3
1 inal possession of a chemical weapon or biological weapon in the third
2 degree); section 490.40 (criminal possession of a chemical weapon or
3 biological weapon in the second degree); section 490.45 (criminal
4 possession of a chemical weapon or biological weapon in the first
5 degree); section 490.47 (criminal use of a chemical weapon or biological
6 weapon in the third degree); section 490.50 (criminal use of a chemical
7 weapon or biological weapon in the second degree); section 490.55 (crim-
8 inal use of a chemical weapon or biological weapon in the first degree);
9 or any attempt or conspiracy to commit any of the foregoing offenses.
10 § 3. This act shall take effect immediately.
