S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7072
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 categorizing  hate  crimes
   as  serious  offenses  in  relation  to  possession of firearms and to
   repeal certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. (a) As the New York state legislature
 found in enacting the Hate Crimes Act of 2000, "The intolerable truth is
 that  in these crimes, commonly and justly referred to as 'hate crimes',
 victims are intentionally selected, in whole  or  in  part,  because  of
 their  race,  color,  national origin, ancestry, gender, religion, reli-
 gious practice, age, disability or sexual orientation.  Hate  crimes  do
 more  than threaten the safety and welfare of all citizens. They inflict
 on victims incalculable physical and emotional damage and  tear  at  the
 very fabric of free society. Crimes motivated by invidious hatred toward
 particular  groups  not only harm individual victims but send a powerful
 message of intolerance and discrimination to all members of the group to
 which the victim belongs. Hate crimes can and do intimidate and  disrupt
 entire communities and vitiate the civility that is essential to healthy
 democratic processes."
   (b)  The  pernicious  harm  of hate crimes on targeted individuals and
 communities is compounded by the use of firearms to  threaten  and  harm
 the  victims.  According  to one recent analysis, between 2010 and 2015,
 there were roughly 46,500 hate crimes committed  in  the  United  States
 that involved a gun. The threat of a gun from dangerous extremists sends
 a  clear  message  that  they  not  only harbor feelings of bias or hate
 against a particular group, but also that they are willing  to  kill  in
 service  of  this ideology. Keeping guns out of the hands of individuals
 who perpetrate hate crimes is therefore a crucial measure to help ensure
 the safety of groups that have historically been targeted. Current state
 law does not adequately ensure that individuals who have been  convicted
 of hate crimes do not have easy access to guns.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11065-06-7

 S. 7072                             2
 
   §  2.  Paragraph  (b) of subdivision 17 of section 265.00 of the penal
 law, as amended by section 3 of chapter 232 of  the  laws  of  2010,  is
 REPEALED.
   §  3.  Paragraph  (b) of subdivision 17 of section 265.00 of the penal
 law, as amended by section 2 of chapter 232 of  the  laws  of  2010,  is
 amended to read as follows:
   (b)  any of the following offenses defined in the penal law: illegally
 using, carrying or  possessing  a  pistol  or  other  dangerous  weapon;
 possession of burglar's tools; criminal possession of stolen property in
 the  third  degree;  escape  in  the  third degree; jostling; fraudulent
 accosting; endangering the welfare of a child; the offenses  defined  in
 article two hundred thirty-five; issuing abortional articles; permitting
 prostitution;  promoting  prostitution  in the third degree; stalking in
 the fourth degree; stalking in the third degree; the offenses defined in
 article one hundred thirty; the offenses defined in article two  hundred
 twenty; THE OFFENSES DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.