S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1148

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  BRESLIN, ADAMS, HASSELL-THOMPSON, KLEIN, KRUEGER,
  PARKER, PERKINS, STAVISKY -- read twice and ordered printed, and  when
  printed to be committed to the Committee on Codes

AN  ACT  to  amend  the  penal  law, in relation to designating offenses
  against homeless persons as hate crimes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "homeless protection act".
  S 2. Subdivisions 1, 2 and 4 of section 485.05 of the  penal  law,  as
added  by  chapter  107  of  the  laws  of  2000, are amended to read as
follows:
  1. A person commits a hate crime when he or she  commits  a  specified
offense and either:
  (a)  intentionally  selects  the  person  against  whom the offense is
committed or intended to be committed in whole or  in  substantial  part
because  of  a  belief or perception regarding the race, color, national
origin, ancestry, gender, religion, religious practice, age, disability,
HOMELESSNESS, or sexual orientation of a person, regardless  of  whether
the belief or perception is correct, or
  (b)  intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, religion,  religious
practice,  age,  disability,  HOMELESSNESS,  or  sexual orientation of a
person, regardless of whether the belief or perception is correct.
  2. Proof of race, color, national origin, ancestry, gender,  religion,
religious practice, age, disability, HOMELESSNESS, or sexual orientation
of  the  defendant,  the  victim or of both the defendant and the victim
does not, by itself, constitute legally sufficient  evidence  satisfying

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01658-01-3
              

S. 1148                             2

the  people's  burden  under  paragraph (a) or (b) of subdivision one of
this section.
  4. For purposes of this section:
  (a) the term "age" means sixty years old or more;
  (b)  the  term "disability" means a physical or mental impairment that
substantially limits a major life activity; AND
  (C) THE TERM "HOMELESSNESS" MEANS THE SET OF CIRCUMSTANCES IN WHICH AN
INDIVIDUAL OR FAMILY IS UNDOMICILED, HAS NO FIXED ADDRESS, LACKS A FIXED
REGULAR NIGHTTIME RESIDENCE, RESIDES IN A  PLACE  NOT  DESIGNED  FOR  OR
ORDINARILY  USED  AS  A  REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS
(SUCH AS A HALLWAY, BUS STATION, LOBBY OR SIMILAR PLACE), RESIDES  IN  A
HOMELESS SHELTER, RESIDES IN A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMES-
TIC VIOLENCE, OR RESIDES IN A HOTEL/MOTEL ON A TEMPORARY BASIS.
  S 3. This act shall take effect immediately.