NY State Senate Bill 2017-S4777

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes returned to senate died in assembly
Mar 08, 2017	referred to codes delivered to assembly passed senate
Mar 07, 2017	ordered to third reading cal.405 committee discharged and committed to rules
Feb 28, 2017	referred to codes

Votes

- Mar 8, 2017 - Floor Vote
  S4777
  
  59
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 8, 2017
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Montgomery
      
      excused (2)
      
      Dilan
      
      Savino
  Mar 7, 2017 - Rules Committee Vote
  S4777
  
  19
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Mar 7, 2017
      
      aye (19)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Valesky
      
      Young
      
      nay (2)
      
      Montgomery
      
      Parker
      
      aye wr (3)
      
      Krueger
      
      Squadron
      
      Stewart-Cousins
      
      excused (1)
      
      Dilan

co-Sponsors

2017-S4777 (ACTIVE) - Details

See Assembly Version of this Bill:: A6590
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3750, A2647
2021-2022: S4811, A3730
2023-2024: A9058

2017-S4777 (ACTIVE) - Summary

Includes making graffiti within hate crimes.

2017-S4777 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4777

 TITLE OF BILL :  An act to amend the penal law, in relation to hate
crimes

 PURPOSE OR GENERAL IDEA OF BILL :

To add the crime of making graffiti as a specified offense under the
hate crimes statute

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds the crime of making graffiti to the list of
specified hate crimes. Making graffiti is currently a class A
misdemeanor. Adding this criminal offense to the hate crime statute
would elevate the penalty by one degree, to a class E felony, when
graffiti is made that targets a person's race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or
sexual orientation of a person.

Section 2 states that this bill shall take effect on the first of
November next succeeding the date on which it shall become law.

 EXISTING LAW :

Under section 458.05 of the Penal Law, a person commits a hate crime

when he or she 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 sexual
orientation of a person. Specified offenses that may currently
constitute a hate crime include assault, menacing, strangulation,
manslaughter, stalking, criminal sexual act, criminal sexual abuse
kidnapping, criminal mischief, arson, grand larceny, robbery, and
aggravated harassment. However, making graffiti, such as a swastika
sign on a person's property, is not currently a specified hate crime
offense.

 JUSTIFICATION :

According to NYPD statistics, hate crimes are up 31% in 2016 compared
to 2015. There have also been several recent reported incidents in New
York of swastika signs and other hateful symbols drawn on public and
private property. The state must remain vigilant in deterring such
conduct and have zero tolerance for such offenses, including graffiti
that targets a person because of their identity.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the first of November next succeeding the date on which it shall
have become law.

2017-S4777 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4777
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 hate crimes
 
   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.

                                                            LBD10338-01-7

 S. 4777                             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 145.60 (MAKING GRAFFITI); 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);  subdivision  one,  two or four of
 section 240.30 (aggravated harassment in  the  second  degree);  or  any
 attempt or conspiracy to commit any of the foregoing offenses.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S4777

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Mar 8, 2017 - Floor Vote

Floor Vote: Mar 8, 2017

Mar 7, 2017 - Rules Committee Vote

Rules Committee Vote: Mar 7, 2017

co-Sponsors

2017-S4777 (ACTIVE) - Details

2017-S4777 (ACTIVE) - Summary

2017-S4777 (ACTIVE) - Sponsor Memo

2017-S4777 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4777

Share this bill

Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Todd Kaminsky

Timothy M. Kennedy

Diane J. Savino

2017-S4777 (ACTIVE) - Details

2017-S4777 (ACTIVE) - Summary

2017-S4777 (ACTIVE) - Sponsor Memo

2017-S4777 (ACTIVE) - Bill Text download pdf

Comments