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S07200 Summary:

BILL NOS07200
 
SAME ASSAME AS A09539
 
SPONSORKAPLAN
 
COSPNSRGOUNARDES
 
MLTSPNSR
 
Add §60.77, CP L
 
Allows for the admission of a defendant's previous declarations or statements when the crime committed is a hate crime.
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S07200 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7200
 
                    IN SENATE
 
                                    January 10, 2020
                                       ___________
 
        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed 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.
                                                                   LBD14719-02-0
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