Designates certain offenses against emergency medical services personnel, firefighters, and law enforcement officers as hate crimes; includes the definition of emergency medical services personnel, firefighters, and law enforcement officers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10543
SPONSOR: Murray TITLE OF BILL: An act to amend the penal law, in relation to desig-
nating offenses against law enforcement officers as hate crimes
PURPOSE OR GENERAL IDEA OF BILL:
To combat targeted acts of violence against our emergency medical
services personnel, fire fighters, police officers or a law enforcement
officer.
JUSTIFICATION:
There have been far too many attacks on our emergency responders due
solely to their career choices. These brave men and women put their
lives on the line protecting the citizens of the State of New York every
day. This act will ensure that the perpetrators of such targeted crimes
against New York State's emergency medical service personnel, fire
fighters, police officers and law enforcement officers shall face harsh-
er punishments.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10543
IN ASSEMBLY
May 31, 2016
___________
Introduced by M. of A. MURRAY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to designating offenses
against law enforcement officers as hate crimes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law,
2 as added by chapter 107 of the laws of 2000, are amended to read as
3 follows:
4 1. A person commits a hate crime when he or she commits a specified
5 offense and either:
6 (a) intentionally selects the person against whom the offense is
7 committed or intended to be committed in whole or in substantial part
8 because of a belief or perception regarding the race, color, national
9 origin, ancestry, gender, religion, religious practice, age, disability,
10 or because of actual or perceived employment as emergency medical
11 services personnel, a firefighter or a law enforcement officer, or sexu-
12 al orientation of a person, regardless of whether the belief or percep-
13 tion is correct, or
14 (b) intentionally commits the act or acts constituting the offense in
15 whole or in substantial part because of a belief or perception regarding
16 the race, color, national origin, ancestry, gender, religion, religious
17 practice, age, disability, or because of actual or perceived employment
18 as emergency medical services personnel, a firefighter or a law enforce-
19 ment officer, or sexual orientation of a person, regardless of whether
20 the belief or perception is correct.
21 2. Proof of race, color, national origin, ancestry, gender, religion,
22 religious practice, age, disability, or because of actual or perceived
23 employment as emergency medical services personnel, a firefighter or a
24 law enforcement officer, or sexual orientation of the defendant, the
25 victim or of both the defendant and the victim does not, by itself,
26 constitute legally sufficient evidence satisfying the people's burden
27 under paragraph (a) or (b) of subdivision one of this section.
28 4. For purposes of this section:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15707-01-6
A. 10543 2
1 (a) the term "age" means sixty years old or more;
2 (b) the term "disability" means a physical or mental impairment that
3 substantially limits a major life activity;
4 (c) the term "emergency medical services personnel" means persons
5 trained and certified or licensed to provide emergency medical care,
6 whether on a paid or volunteer basis, as part of a basic life support or
7 advanced life support pre-hospital emergency care service or in an emer-
8 gency department or pediatric critical care or specialty unit in a
9 licensed hospital;
10 (d) the term "firefighter" means any firefighter regularly employed by
11 a fire department of any municipality of the state of New York; and
12 (e) the term "law enforcement officer" means any active or retired
13 city or state law enforcement officer, peace officer, sheriff, deputy
14 sheriff, probation or parole officer, marshal, deputy, wildlife enforce-
15 ment agency, state correctional officer, or commissioned agent of the
16 department of corrections and community supervision, as well as any
17 federal law enforcement officer or employee, whose permanent duties
18 include making arrests, performing search and seizures, execution of
19 criminal arrest warrants, execution of civil seizure warrants, any civil
20 functions performed by sheriffs or deputy sheriffs, enforcement of penal
21 or traffic laws, or the care, custody, control or supervision of
22 inmates.
23 § 2. This act shall take effect immediately.
