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

                                  10543

                          I N  A S S E M B L Y

                              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:

  Section 1. 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,
OR BECAUSE OF  ACTUAL  OR  PERCEIVED  EMPLOYMENT  AS  EMERGENCY  MEDICAL
SERVICES PERSONNEL, A FIREFIGHTER OR A LAW ENFORCEMENT OFFICER, or sexu-
al  orientation of a person, regardless of whether the belief or percep-
tion 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, OR BECAUSE OF ACTUAL OR PERCEIVED  EMPLOYMENT
AS EMERGENCY MEDICAL SERVICES PERSONNEL, A FIREFIGHTER OR A LAW ENFORCE-
MENT  OFFICER,  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, OR BECAUSE OF ACTUAL OR PERCEIVED
EMPLOYMENT AS EMERGENCY MEDICAL SERVICES PERSONNEL, A FIREFIGHTER  OR  A
LAW  ENFORCEMENT  OFFICER,  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 the people's burden
under paragraph (a) or (b) of subdivision one of this section.
  4. For purposes of this section:

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

                                                           LBD15707-01-6

A. 10543                            2

  (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;
  (C) THE TERM "EMERGENCY  MEDICAL  SERVICES  PERSONNEL"  MEANS  PERSONS
TRAINED  AND  CERTIFIED  OR  LICENSED TO PROVIDE EMERGENCY MEDICAL CARE,
WHETHER ON A PAID OR VOLUNTEER BASIS, AS PART OF A BASIC LIFE SUPPORT OR
ADVANCED LIFE SUPPORT PRE-HOSPITAL EMERGENCY CARE SERVICE OR IN AN EMER-
GENCY DEPARTMENT OR PEDIATRIC CRITICAL  CARE  OR  SPECIALTY  UNIT  IN  A
LICENSED HOSPITAL;
  (D) THE TERM "FIREFIGHTER" MEANS ANY FIREFIGHTER REGULARLY EMPLOYED BY
A FIRE DEPARTMENT OF ANY MUNICIPALITY OF THE STATE OF NEW YORK; AND
  (E)  THE  TERM  "LAW  ENFORCEMENT OFFICER" MEANS ANY ACTIVE OR RETIRED
CITY OR STATE LAW ENFORCEMENT OFFICER, PEACE  OFFICER,  SHERIFF,  DEPUTY
SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL, DEPUTY, WILDLIFE ENFORCE-
MENT  AGENCY,  STATE  CORRECTIONAL OFFICER, OR COMMISSIONED AGENT OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,  AS  WELL  AS  ANY
FEDERAL  LAW  ENFORCEMENT  OFFICER  OR  EMPLOYEE, WHOSE PERMANENT DUTIES
INCLUDE MAKING ARRESTS, PERFORMING SEARCH  AND  SEIZURES,  EXECUTION  OF
CRIMINAL ARREST WARRANTS, EXECUTION OF CIVIL SEIZURE WARRANTS, ANY CIVIL
FUNCTIONS PERFORMED BY SHERIFFS OR DEPUTY SHERIFFS, ENFORCEMENT OF PENAL
OR  TRAFFIC  LAWS,  OR  THE  CARE,  CUSTODY,  CONTROL  OR SUPERVISION OF
INMATES.
  S 2. This act shall take effect immediately.