NY State Senate Bill 2017-S1856

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 11, 2017	referred to codes

2017-S1856 (ACTIVE) - Details

See Assembly Version of this Bill:: A5961
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6315, A8609
2015-2016: S3138, A4485
2019-2020: A6759
2021-2022: A5743
2023-2024: A4840
2025-2026: A5475

2017-S1856 (ACTIVE) - Summary

Includes aggravated harassment in the first degree under a specified offense.

2017-S1856 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1856

 TITLE OF BILL :  An act to amend the penal law, in relation to a
specified offense

 PURPOSE OF BILL :

The purpose of this bill is to include aggravated harassment in the
first degree as a specified offense within the context of hate crimes.

 SUMMARY OF PROVISIONS :

Section One amends subdivision three of section 485.05 of the penal
law, pertaining to hate crimes, by adding the crime of aggravated
harassment in the first degree to the list of specified offenses for
which a hate crime categorization would apply.

Section Two is the effective date.

 JUSTIFICATION :

Pursuant to the penal law, a hate crime is committed when a defendant
commits a specified offense and either intentionally selects their
victim or commits a criminal act because of a belief or perception
regarding their race, color, national origin, ancestry, gender,
religion, religious practice, age, disability or sexual orientation.

A crime committed under these circumstances is considered a hate crime
under the law regardless of whether the belief or perception is
correct. A person convicted of a specified offense, who is found to
have committed such offense for one of the foregoing reasons, is
subject to harsher criminal penalties under the law and specific
sentencing/release guidelines.

Aggravated harassment in the first degree is defined as damaging a
premises primarily used for religious purposes, multiple convictions
of penal law section 240.30(3), etching, painting, drawing or
otherwise placing a swastika or noose on the property of another, or
setting a cross on fire in public view, with the intent to harass,
annoy, threaten or alarm another person because of a belief or
perception regarding such person's race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or
sexual orientation. While aggravated harassment crimes are committed
for the same spiteful reasons that other classified hate crimes are
committed, resources and remedies specifically allocated to deter hate
crimes and rehabilitate or punish hate crime offenders are not
available in instances of these incidents of aggravated harassment for
the mere fact that it is not categorized as a specific offense.

 FISCAL IMPLICATIONS :

None to the state.

 PRIOR LEGISLATIVE HISTORY :

S3138 of 2015/16: Referred to Codes

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become law.

2017-S1856 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1856
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- 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 a specified offense
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  3  of  section  485.05  of the penal law, as
 amended by chapter 405 of the laws  of  2010,  is  amended  to  read  as
 follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  section  120.10
 (assault in the first degree); section 120.12 (aggravated assault upon a
 person  less  than  eleven  years  old); section 120.13 (menacing in the
 first degree); section 120.14 (menacing in the second  degree);  section
 120.15  (menacing  in the third degree); section 120.20 (reckless endan-
 germent in the second degree); section 120.25 (reckless endangerment  in
 the  first degree); section 121.12 (strangulation in the second degree);
 section 121.13 (strangulation in the first degree); subdivision  one  of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25 (murder in the second degree); section 120.45  (stalking  in  the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first  degree);  subdivision  one  of  section 130.35 (rape in the first
 degree); subdivision one of section 130.50 (criminal sexual act  in  the
 first  degree);  subdivision  one of section 130.65 (sexual abuse in the
 first degree); paragraph  (a)  of  subdivision  one  of  section  130.67
 (aggravated  sexual abuse in the second degree); paragraph (a) of subdi-
 vision one of section 130.70  (aggravated  sexual  abuse  in  the  first
 degree);  section  135.05  (unlawful imprisonment in the second degree);
 section 135.10 (unlawful imprisonment  in  the  first  degree);  section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06854-01-7

 S. 1856                             2
 
 135.20  (kidnapping in the second degree); section 135.25 (kidnapping in
 the first degree); section  135.60  (coercion  in  the  second  degree);
 section  135.65 (coercion in the first degree); section 140.10 (criminal
 trespass  in the third degree); section 140.15 (criminal trespass in the
 second degree); section 140.17 (criminal trespass in the first  degree);
 section  140.20 (burglary in the third degree); section 140.25 (burglary
 in the second degree); section 140.30 (burglary in  the  first  degree);
 section  145.00 (criminal mischief in the fourth degree); section 145.05
 (criminal mischief  in  the  third  degree);  section  145.10  (criminal
 mischief in the second degree); section 145.12 (criminal mischief in the
 first  degree);  section  150.05  (arson  in the fourth degree); section
 150.10 (arson in the third degree); section 150.15 (arson in the  second
 degree);  section  150.20  (arson  in  the first degree); section 155.25
 (petit larceny); section 155.30 (grand larceny in  the  fourth  degree);
 section  155.35  (grand  larceny  in  the  third degree); section 155.40
 (grand larceny in the second degree); section 155.42 (grand  larceny  in
 the first degree); section 160.05 (robbery in the third degree); section
 160.10  (robbery  in  the second degree); section 160.15 (robbery in the
 first degree); section 240.25 (harassment in the first degree); subdivi-
 sion one, two or four of section 240.30 (aggravated  harassment  in  the
 second  degree);  SECTION  240.31  (AGGRAVATED  HARASSMENT  IN THE FIRST
 DEGREE); or any attempt or conspiracy to commit  any  of  the  foregoing
 offenses.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S1856

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S1856 (ACTIVE) - Details

2017-S1856 (ACTIVE) - Summary

2017-S1856 (ACTIVE) - Sponsor Memo

2017-S1856 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1856

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Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Codes Committee

2017-S1856 (ACTIVE) - Details

2017-S1856 (ACTIVE) - Summary

2017-S1856 (ACTIVE) - Sponsor Memo

2017-S1856 (ACTIVE) - Bill Text download pdf

Comments