NY State Senate Bill 2021-S124

Senate Bill S124

2021-2022 Legislative Session

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

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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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Jan 20, 2022	advanced to third reading
Jan 19, 2022	2nd report cal.
Jan 18, 2022	1st report cal.227
Jan 05, 2022	referred to codes
Jun 10, 2021	committed to rules
Jan 25, 2021	advanced to third reading
Jan 20, 2021	2nd report cal.
Jan 19, 2021	1st report cal.97
Jan 06, 2021	referred to codes

Votes

- Jan 18, 2022 - Codes Committee Vote
  S124
  
  7
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 18, 2022
      
      aye (7)
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Sepúlveda
      
      nay (1)
      
      Savino
      
      aye wr (5)
      
      Gallivan
      
      Kavanagh
      
      Myrie
      
      O'Mara
      
      Palumbo
  Jan 19, 2021 - Codes Committee Vote
  S124
  
  8
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 19, 2021
      
      aye (8)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Palumbo
      
      nay (1)
      
      O'Mara
      
      aye wr (3)
      
      Gallivan
      
      Kavanagh
      
      Myrie
      
      absent (1)
      
      Sepúlveda

co-Sponsors

2021-S124 (ACTIVE) - Details

See Assembly Version of this Bill:: A3687
Current Committee:: Senate Rules
Law Section:: Criminal Procedure Law
Laws Affected:: Add §60.77, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7200, A9539
2023-2024: A5094

2021-S124 (ACTIVE) - Summary

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

2021-S124 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S124

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:

S. 7200/A. 9539 of 2020; Referred to Codes Committee

 
FISCAL IMPLICATIONS:

None.

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

2021-S124 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    124
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. KAPLAN, GOUNARDES -- 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.
                                                            LBD01916-01-1

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Senate Bill S124

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Sponsored By

Anna M. Kaplan