NY State Senate Bill 2019-S3750

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 08, 2020	referred to codes
Feb 13, 2019	referred to codes

2019-S3750 (ACTIVE) - Details

See Assembly Version of this Bill:: A2647
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4777, A6590
2021-2022: S4811, A3730
2023-2024: A9058

2019-S3750 (ACTIVE) - Summary

Includes making graffiti within hate crimes.

2019-S3750 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3750

SPONSOR: CARLUCCI
 
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 misdemea-
nor. 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 orien-
tation of a person.

Section 2 states that this bill shall take effect on the first of Novem-
ber 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 percep-
tion regarding the race, color, national origin, ancestry, gender, reli-
gion, 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, crimi-
nal 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 3196 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:

2017-18: S4777/A6590 - PASSED SENATE/codes

 
FISCAL IMPLICATIONS:

None.

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

2019-S3750 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3750
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2019
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04602-01-9

 S. 3750                             2
 
 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
 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 conspir-
 acy 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 S3750

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S3750 (ACTIVE) - Details

2019-S3750 (ACTIVE) - Summary

2019-S3750 (ACTIVE) - Sponsor Memo

2019-S3750 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3750

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S3750 (ACTIVE) - Details

2019-S3750 (ACTIVE) - Summary

2019-S3750 (ACTIVE) - Sponsor Memo

2019-S3750 (ACTIVE) - Bill Text download pdf

Comments