|SAME AS||No Same As|
|COSPNSR||Lawrence, Graf, Lalor, Lupinacci, Raia, Palumbo, Hawley, McDonough, Ra, Giglio|
|Amd §485.05, Pen L|
|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.|
|05/31/2016||referred to codes|
A10543 Committee Votes:Go to top
A10543 Floor Votes:
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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.
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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. LBD15707-01-6A. 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.