Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 28, 2010 |
referred to codes |
Senate Bill S6701
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
2009-S6701 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§65.10, 70.00, 70.05 & 70.15, Pen L; amd §402, Cor L
2009-S6701 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6701 TITLE OF BILL : An act to amend the penal law and the correction law, in relation to the issuance of protective orders during the disposition of cases involving hate crimes and upon release of a convicted hate crime perpetrator, and authorizing the imposition of additional sentencing conditions PURPOSE/GENERAL IDEA OF BILL : Amends the Criminal Procedure law to authorize criminal courts to issue orders of protection for victims of hate crimes during the disposition of the case, and if convicted and/or sentenced to prison, whenever such perpetrators are released from state custody. A protective order protects victims from further acts of violence, threats, stalking and harassment by their former perpetrator. This bill would require hate crime perpetrators to stay away from their victims and would inform victims' families of their release from state institutions. JUSTIFICATION : Orders of protection, currently issued by the Family, Criminal and Supreme Courts are vital tools for both domestic violence and stalking victims, providing protection and ensuring that violations result in the immediate arrest of the abuser or stalker. Recent legislative
2009-S6701 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6701 I N S E N A T E January 28, 2010 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed 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 DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL AGENCIES IN COOPERATION WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14934-01-9
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