NY State Senate Bill 2017-S9149

Senate Bill S9149

2017-2018 Legislative Session

Relates to including falsely reporting an incident as a specified offense for the purposes of hate crimes

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Archive: Last Bill Status - In Senate Committee Rules 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
Aug 15, 2018	referred to rules

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2017-S9149 (ACTIVE) - Details

See Assembly Version of this Bill:: A11331
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:: A3566

2017-S9149 (ACTIVE) - Summary

Includes falsely reporting an incident in the third, second, and first degrees as a specified offense for the purposes of hate crimes.

2017-S9149 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9149

SPONSOR: HAMILTON
 
TITLE OF BILL:  An act to amend the penal law, in relation to includ-
ing falsely reporting an incident as a specified offense for the
purposes of hate crimes

 
PURPOSE:

This bill is meant to further punish the falsely reporting of a crime if
the motivation for reporting such crime is motivated by a perception or
belief about their race, color, national origin, ancestry, gender, reli-
gion, religious practice, age, disability or sexual orientation.

 
SUMMARY OF PROVISIONS:

Subdivision 3 of section 485.05 of the penal law is amended to now
include:

Section 240.50 (falsely reporting an incident in the third degree);
Section 240.55 (falsely reporting an incident in the second degree);

Section 240.60 (falsely reporting an incident in the first degree);

 
JUSTIFICATION:

In the past year, we have seen many instances throughout both New York
State and the country of people calling 911 on black people who are
going about their everyday lives, only to be interrupted by someone
calling the police for reasons that range from caution, to suspicious
inkling to all out hated. We see activities from elected officials
campaigning to barbecuing in Oakland, California; selling water in San
Francisco; golfing in Pennsylvania; mowing a lawn in Ohio; swimming in a
public pool in South Carolina; swimming in a private pool in North Caro-
lina; inspecting a home in Tennessee; shopping at a T-Mobile in Northern
California; moving out of an Airbnb rental in Southern California; or
waiting inside a Starbucks in Philadelphia.

In July of 2018, four black teenagers were detained by Minnesota police
officers one of whom even drew his weapon, after a woman called the
police saying that the boys had knives and assaulted a white man in the
park. The call was quickly shown to be false after police found no weap-
ons. Police are investigating the motives behind the call.

It has coined the social media phrase  WhileBlack. Some of these
instances are teaching moments for both the police and the callers,
while others are just reflective of a motivation of bias. According the
Robert Wood Johnson Foundation and the Harvard T.H. Chan School of
Public Health, half of the African-Americans surveyed last year said
they had personally experienced racial discrimination in police inter-
actions.

 
LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS:

There are no required fiscal costs.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date upon which it shall have become a law; provided, however, that if
section 9 of part NN of chapter 55 of the laws of 2018 shall not have
taken effect on or before such date, then section two of this act shall
take effect on the same date and in the same manner as such section of
such part of such chapter of the laws of 2018 takes effect.

2017-S9149 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9149
 
                             I N  S E N A T E
 
                              August 15, 2018
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to including falsely  report-
   ing an incident as a specified offense for the purposes of 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
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in the second degree);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16468-01-8

 S. 9149                             2
 
 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  240.50  (FALSELY REPORTING AN INCIDENT IN THE
 THIRD DEGREE); SECTION 240.55 (FALSELY  REPORTING  AN  INCIDENT  IN  THE
 SECOND  DEGREE);  SECTION  240.60  (FALSELY REPORTING AN INCIDENT IN THE
 FIRST DEGREE); or any attempt or conspiracy to commit any of the forego-
 ing offenses.
   § 2. Subdivision 3 of section 485.05 of the penal law, as  amended  by
 section  9  of  part NN of chapter 55 of the laws of 2018, 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
 135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
 the  first  degree);  section  135.60  (coercion  in  the third degree);
 section 135.61 (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

 S. 9149                             3
 
 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); subdivision one, two or
 four  of  section  240.30  (aggravated harassment in the second degree);
 SECTION 240.50 (FALSELY REPORTING AN  INCIDENT  IN  THE  THIRD  DEGREE);
 SECTION  240.55  (FALSELY  REPORTING  AN INCIDENT IN THE SECOND DEGREE);
 SECTION 240.60 (FALSELY REPORTING AN INCIDENT IN THE FIRST  DEGREE);  or
 any attempt or conspiracy to commit any of the foregoing offenses.
   § 3. This act shall take effect on the first of November next succeed-
 ing  the  date upon which it shall have become a law; provided, however,
 that if section 9 of part NN of chapter 55 of the laws of 2018 shall not
 have taken effect on or before such date, then section two of  this  act
 shall  take  effect  on  the  same  date  and in the same manner as such
 section of such part of such chapter of the laws of 2018 takes effect.

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Senate Bill S9149

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Sponsored By

Jesse Hamilton