S T A T E O F N E W Y O R K
________________________________________________________________________
9220
2009-2010 Regular Sessions
I N A S S E M B L Y
October 28, 2009
___________
Introduced by M. of A. MENG -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the correction law, in relation to the
issuance of protective orders during the disposition of cases involv-
ing hate crimes and upon release of a convicted hate crime perpetra-
tor, and authorizing the imposition of additional sentencing condi-
tions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. It is the intent of the Legislature to encourage state
agencies and treatment facilities, and counties, cities, and school
districts, to establish education and training programs to prevent
violations of civil rights and hate crimes.
S 2. Section 65.10 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
2-A. WHENEVER A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO ARTI-
CLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, OR OF CONSPIRACY PURSUANT
TO ARTICLE ONE HUNDRED FIVE OF THIS CHAPTER TO COMMIT A HATE CRIME
PURSUANT TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE COURT,
ABSENT COMPELLING CIRCUMSTANCES STATED ON THE RECORD, SHALL MAKE AN
ORDER PROTECTING THE VICTIM, OR KNOWN IMMEDIATE FAMILY OR DOMESTIC PART-
NER OF THE VICTIM, FROM FURTHER ACTS OF VIOLENCE, THREATS, STALKING, OR
HARASSMENT BY THE CONVICTED PERSON, INCLUDING ANY STAY-AWAY CONDITIONS
THE COURT DEEMS APPROPRIATE, AND SHALL MAKE OBEDIENCE OF THAT ORDER A
CONDITION OF THE CONVICTED PERSON'S PROBATION. IN SUCH CASES THE COURT
MAY ALSO ORDER THAT THE CONVICTED PERSON BE REQUIRED TO DO ONE OR MORE
OF THE FOLLOWING AS A CONDITION OF PROBATION:
(A) COMPLETE A CLASS OR PROGRAM ON RACIAL OR ETHNIC SENSITIVITY, OR
OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR COUN-
SELING PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14934-01-9
A. 9220 2
DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL AGENCIES IN COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
(B) REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND OTHER
REASONABLE EXPENSES THAT THE COURT FINDS ARE THE DIRECT RESULT OF THE
CONVICTED PERSON'S ACTS; AND
(C) MAKE PAYMENTS OR OTHER COMPENSATION TO A COMMUNITY-BASED PROGRAM
OR LOCAL AGENCY THAT PROVIDES SERVICES TO VICTIMS OF HATE VIOLENCE,
PROVIDED THAT ANY PAYMENTS OR OTHER COMPENSATION ORDERED UNDER THIS
PARAGRAPH SHALL BE IN ADDITION TO RESTITUTION PAYMENTS REQUIRED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION, AND SHALL BE MADE ONLY AFTER THAT
RESTITUTION IS PAID IN FULL.
S 3. Section 70.00 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
2-A. WHENEVER A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO ARTI-
CLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, OR OF CONSPIRACY PURSUANT
TO ARTICLE ONE HUNDRED FIVE OF THIS CHAPTER TO COMMIT A HATE CRIME
PURSUANT TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE COURT,
ABSENT COMPELLING CIRCUMSTANCES STATED ON THE RECORD, SHALL MAKE AN
ORDER PROTECTING THE VICTIM, OR KNOWN IMMEDIATE FAMILY OR DOMESTIC PART-
NER OF THE VICTIM, FROM FURTHER ACTS OF VIOLENCE, THREATS, STALKING, OR
HARASSMENT BY THE CONVICTED PERSON, INCLUDING ANY STAY-AWAY CONDITIONS
THE COURT DEEMS APPROPRIATE. IN THE EVENT THAT THE CONVICTED PERSON IS
RELEASED ON PROBATION, THE COURT SHALL MAKE OBEDIENCE OF THAT ORDER A
CONDITION OF THE CONVICTED PERSON'S PROBATION. IN SUCH CASES THE COURT
MAY ALSO ORDER THAT THE CONVICTED PERSON BE REQUIRED TO DO ONE OR MORE
OF THE FOLLOWING AS A CONDITION OF PROBATION:
(A) COMPLETE A CLASS OR PROGRAM ON RACIAL OR ETHNIC SENSITIVITY, OR
OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR COUN-
SELING PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL AGENCIES IN COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
(B) REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND OTHER
REASONABLE EXPENSES THAT THE COURT FINDS ARE THE DIRECT RESULT OF THE
CONVICTED PERSON'S ACTS; AND
(C) MAKE PAYMENTS OR OTHER COMPENSATION TO A COMMUNITY-BASED PROGRAM
OR LOCAL AGENCY THAT PROVIDES SERVICES TO VICTIMS OF HATE VIOLENCE,
PROVIDED THAT ANY PAYMENTS OR OTHER COMPENSATION ORDERED UNDER THIS
PARAGRAPH SHALL BE IN ADDITION TO RESTITUTION PAYMENTS REQUIRED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION, AND SHALL BE MADE ONLY AFTER THAT
RESTITUTION IS PAID IN FULL.
S 4. Section 70.05 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
2-A. WHENEVER A JUVENILE OFFENDER IS CONVICTED OF A HATE CRIME PURSU-
ANT TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, OR OF CONSPIRA-
CY PURSUANT TO ARTICLE ONE HUNDRED FIVE OF THIS CHAPTER TO COMMIT A HATE
CRIME PURSUANT TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE
COURT, ABSENT COMPELLING CIRCUMSTANCES STATED ON THE RECORD, SHALL MAKE
AN ORDER PROTECTING THE VICTIM, OR KNOWN IMMEDIATE FAMILY OR DOMESTIC
PARTNER OF THE VICTIM, FROM FURTHER ACTS OF VIOLENCE, THREATS, STALKING,
OR HARASSMENT BY THE JUVENILE OFFENDER, INCLUDING ANY STAY-AWAY CONDI-
TIONS THE COURT DEEMS APPROPRIATE. IN THE EVENT THAT THE JUVENILE OFFEN-
DER IS RELEASED ON PROBATION, THE COURT SHALL MAKE OBEDIENCE OF THAT
ORDER A CONDITION OF THE JUVENILE OFFENDER'S PROBATION. IN SUCH CASES
THE COURT MAY ALSO ORDER THAT THE JUVENILE OFFENDER BE REQUIRED TO DO
ONE OR MORE OF THE FOLLOWING AS A CONDITION OF PROBATION:
A. 9220 3
(A) COMPLETE A CLASS OR PROGRAM ON RACIAL OR ETHNIC SENSITIVITY, OR
OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR COUN-
SELING PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL AGENCIES IN COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
(B) REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND OTHER
REASONABLE EXPENSES THAT THE COURT FINDS ARE THE DIRECT RESULT OF THE
JUVENILE OFFENDER'S ACTS; AND
(C) MAKE PAYMENTS OR OTHER COMPENSATION TO A COMMUNITY-BASED PROGRAM
OR LOCAL AGENCY THAT PROVIDES SERVICES TO VICTIMS OF HATE VIOLENCE,
PROVIDED THAT ANY PAYMENTS OR OTHER COMPENSATION ORDERED UNDER THIS
PARAGRAPH SHALL BE IN ADDITION TO RESTITUTION PAYMENTS REQUIRED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION, AND SHALL BE MADE ONLY AFTER THAT
RESTITUTION IS PAID IN FULL.
S 5. Section 70.15 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
5. WHENEVER A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO ARTICLE
FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, OR OF CONSPIRACY PURSUANT TO
ARTICLE ONE HUNDRED FIVE OF THIS CHAPTER TO COMMIT A HATE CRIME PURSUANT
TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE COURT, ABSENT
COMPELLING CIRCUMSTANCES STATED ON THE RECORD, SHALL MAKE AN ORDER
PROTECTING THE VICTIM, OR KNOWN IMMEDIATE FAMILY OR DOMESTIC PARTNER OF
THE VICTIM, FROM FURTHER ACTS OF VIOLENCE, THREATS, STALKING, OR HARASS-
MENT BY THE CONVICTED PERSON, INCLUDING ANY STAY-AWAY CONDITIONS THE
COURT DEEMS APPROPRIATE. IN THE EVENT THAT THE CONVICTED PERSON IS
RELEASED ON PROBATION, THE COURT SHALL MAKE OBEDIENCE OF THAT ORDER A
CONDITION OF THE CONVICTED PERSON'S PROBATION. IN SUCH CASES THE COURT
MAY ALSO ORDER THAT THE CONVICTED PERSON BE REQUIRED TO DO ONE OR MORE
OF THE FOLLOWING AS A CONDITION OF PROBATION:
(A) COMPLETE A CLASS OR PROGRAM ON RACIAL OR ETHNIC SENSITIVITY, OR
OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR COUN-
SELING PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL AGENCIES IN COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
(B) REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND OTHER
REASONABLE EXPENSES THAT THE COURT FINDS ARE THE DIRECT RESULT OF THE
CONVICTED PERSON'S ACTS; AND
(C) MAKE PAYMENTS OR OTHER COMPENSATION TO A COMMUNITY-BASED PROGRAM
OR LOCAL AGENCY THAT PROVIDES SERVICES TO VICTIMS OF HATE VIOLENCE,
PROVIDED THAT ANY PAYMENTS OR OTHER COMPENSATION ORDERED UNDER THIS
PARAGRAPH SHALL BE IN ADDITION TO RESTITUTION PAYMENTS REQUIRED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION, AND SHALL BE MADE ONLY AFTER THAT
RESTITUTION IS PAID IN FULL.
S 6. Section 402 of the correction law is amended by adding a new
subdivision 14 to read as follows:
14. WHENEVER A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO ARTICLE
FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, OR OF CONSPIRACY PURSUANT TO
ARTICLE ONE HUNDRED FIVE OF THIS CHAPTER TO COMMIT A HATE CRIME PURSUANT
TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, IS COMMITTED TO A
STATE HOSPITAL OR OTHER TREATMENT FACILITY AND THEN IS EITHER PLACED ON
OUTPATIENT STATUS OR CONDITIONAL RELEASE FROM THE STATE HOSPITAL OR
OTHER TREATMENT FACILITY, THE COURT, ABSENT COMPELLING CIRCUMSTANCES
STATED ON THE RECORD, SHALL MAKE AN ORDER PROTECTING THE VICTIM, OR
KNOWN IMMEDIATE FAMILY OR DOMESTIC PARTNER OF THE VICTIM, FROM FURTHER
A. 9220 4
ACTS OF VIOLENCE, THREATS, STALKING, OR HARASSMENT BY THE CONVICTED
PERSON, INCLUDING ANY STAY-AWAY CONDITIONS THE COURT DEEMS APPROPRIATE.
IN THE EVENT THAT THE CONVICTED PERSON IS RELEASED ON PROBATION, THE
COURT SHALL MAKE OBEDIENCE OF THAT ORDER A CONDITION OF THE CONVICTED
PERSON'S PROBATION. IN SUCH CASES THE COURT MAY ALSO ORDER THAT THE
CONVICTED PERSON BE REQUIRED TO DO ONE OR MORE OF THE FOLLOWING AS A
CONDITION OF PROBATION:
(A) COMPLETE A CLASS OR PROGRAM ON RACIAL OR ETHNIC SENSITIVITY, OR
OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR COUN-
SELING PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL AGENCIES IN COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
(B) REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND OTHER
REASONABLE EXPENSES THAT THE COURT FINDS ARE THE DIRECT RESULT OF THE
CONVICTED PERSON'S ACTS; AND
(C) MAKE PAYMENTS OR OTHER COMPENSATION TO A COMMUNITY-BASED PROGRAM
OR LOCAL AGENCY THAT PROVIDES SERVICES TO VICTIMS OF HATE VIOLENCE,
PROVIDED THAT ANY PAYMENTS OR OTHER COMPENSATION ORDERED UNDER THIS
PARAGRAPH SHALL BE IN ADDITION TO RESTITUTION PAYMENTS REQUIRED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION, AND SHALL BE MADE ONLY AFTER THAT
RESTITUTION IS PAID IN FULL.
S 7. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.