NY State Senate Bill 2019-S7200

Senate Bill S7200

2019-2020 Legislative Session

Allows for the admission of a defendant's previous declarations or statements when the crime committed is a hate crime

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Jan 29, 2020	advanced to third reading
Jan 28, 2020	2nd report cal.
Jan 27, 2020	1st report cal.287
Jan 10, 2020	referred to codes

Votes

- Jan 27, 2020 - Codes Committee Vote
  S7200
  
  7
  
  Aye
  
  1
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 27, 2020
      
      aye (7)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gounardes
      
      Kaminsky
      
      Savino
      
      nay (1)
      
      O'Mara
      
      aye wr (4)
      
      Gallivan
      
      Kavanagh
      
      Lanza
      
      Myrie

co-Sponsors

2019-S7200 (ACTIVE) - Details

See Assembly Version of this Bill:: A9539
Current Committee:: Senate Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Add §60.77, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S124, A3687
2023-2024: A5094

2019-S7200 (ACTIVE) - Summary

Allows for the admission of a defendant's previous declarations or statements when the crime committed is a hate crime.

2019-S7200 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7200                 Revised 7/31/2020

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the admission
of a defendant's previous declarations or statements when the crime
committed is a hate crime

 
PURPOSE:

This legislation allows a defendant's previous declarations or state-
ments may be admitted to show the defendant intentionally committed a
hate crime.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 60.77 to the criminal procedure law to
allow for previous declarations and statements to be admitted as
evidence. Specifically this legislation allows a defendant's previous
declarations or statements may be admitted to show the defendant inten-

tionally committed a hate crime as set forth in Art. 485 of the Penal
Law in whole or substantial part because of a belief or perception
regarding the race, color, national origin, ancestry, gender, gender
identify or expression, religion, religious practice, age, disability,
or sexual orientation of a person.

Section 2 is the effective date.

 
JUSTIFICATION:

Hate has no place here. In 2000, directly as a result of an increase in
hate crimes, New York passed a sweeping hate crimes law that is still in
place today. Now in the years 2019 and 2020 we are again seeing an
increase in hate crimes, and in particular instances of anti-Semitism,
and Islamophobia. We must fight against hate, anti-Semitism, Islamopho-
bia bias, and all those who would commit acts in whole or substantial
part because of a belief or perception regarding the race, color,
national origin, ancestry, gender, gender identify or expression, reli-
gion, religious practice, age, disability, or sexual orientation of a
person. This legislation continues the fight against hate including
anti-Semitism, and Islamophobia by allowing a defendant's previous
declarations or statements to be subject to the evidentiary rules
governing criminal trials.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on November 1 next succeeding.

2019-S7200 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7200
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the admission
   of a defendant's previous declarations or statements  when  the  crime
   committed is a hate crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 60.77 to read as follows:
 § 60.77 RULES  OF  EVIDENCE;  PREVIOUS DECLARATIONS AND STATEMENTS; HATE
           CRIMES.
   EVIDENCE OF A DEFENDANT'S PREVIOUS DECLARATIONS OR STATEMENTS  MAY  BE
 ADMITTED  TO  SHOW THE DEFENDANT INTENTIONALLY COMMITTED THE ACT OR ACTS
 CONSTITUTING A HATE CRIME AS SET FORTH IN ARTICLE FOUR  HUNDRED  EIGHTY-
 FIVE  OF  THE  PENAL  LAW  IN  WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A
 BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, NATIONAL ORIGIN,  ANCES-
 TRY,  GENDER,  GENDER  IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRAC-
 TICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF A PERSON, SUBJECT TO  THE
 EVIDENTIARY RULES GOVERNING CRIMINAL TRIALS SET FORTH IN THIS TITLE.
   § 2. This act shall take effect on the first on November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14719-02-0

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7200

Share this bill

Sponsored By

Anna M. Kaplan