NY State Senate Bill 2021-S1917

Senate Bill S1917

2021-2022 Legislative Session

Designates offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs 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
Apr 25, 2022	reported and committed to veterans, homeland security and military affairs
Mar 17, 2022	notice of committee consideration - requested
Jan 05, 2022	referred to codes
Jan 16, 2021	referred to codes

Votes

- Apr 25, 2022 - Codes Committee Vote
  S1917
  
  6
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Apr 25, 2022
      
      aye (6)
      
      Akshar
      
      Gallivan
      
      Kaminsky
      
      O'Mara
      
      Palumbo
      
      Savino
      
      nay (5)
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Myrie
      
      Sepúlveda
      
      aye wr (2)
      
      Bailey
      
      Kavanagh

co-Sponsors

View additional co-sponsors

2021-S1917 (ACTIVE) - Details

Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8212
2017-2018: S1114
2019-2020: S335
2023-2024: S5339

2021-S1917 (ACTIVE) - Summary

Designates offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes.

2021-S1917 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1917

SPONSOR: AKSHAR
 
TITLE OF BILL:

An act to amend the penal law, in relation to designating offenses
against law enforcement officers, firefighters and emergency medical
services personnel as hate crimes

 
PURPOSE:

To classify all offenses against first responders such as law enforce-
ment officers, firefighters, and emergency services personnel as hate
crimes.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivisions 1, 2, and 4 of section 485.05 of the penal
law, as added by chapter 107 of the laws of 2000.

Paragraphs (a) and (b) of section 1, states that a person has committed

a hate crime, when he or she commits a specified offense and either
intentionally selects the person against whom the offense is committed
or intended to be committed to, or in part because of a belief or
perception regarding race, color, national origin, ancestry, gender,
religion, religious practice, age, disability, sexual orientation of a
person, or because of actual or perceived employment as a law enforce-
ment officer, firefighter, or emergency medical services personnel.

Part 2 of section 1 states that proof of race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or sexu-
al orientation or employment as a law enforcement officer, a firefighter
or as emergency medical services personnel of either or both the defend-
ant and victim does not constitute as legally sufficient evidence in the
court of law.

Lastly, paragraphs (c), (d), and (e) provide definitions for the terms
"law enforcement officer", "firefighter", and "medical services person-
nel".

Section 2 lists the effective date.

 
JUSTIFICATION:

There has been an increase in mortality rates of law enforcement offi-
cers, firefighters, corrections officers and emergency medical services
personnel, within the past decade. In a report by the National Law
Enforcement Officers Memorial Fund in 2014, statistics showed that
approximately "126 federal, state, local, tribal and territorial offi-
cers died in the line of duty" which exhibited an increase in comparison
to 2012 and 2013. The increase in the death toll has been in part, due
to offenses intentionally aimed to harm first responders.

In 2009, a Cape Vincent, NY volunteer Emergency Medical Technician Mark
Davis, was shot and killed by a patient whom he was trying to help (emsl
news). Just three years later, Webster, NY Police Lt. and volunteer
firefighter Mike Chiapperini and 911 Dispatcher Tomasz Kaczowka, were
killed by a gunman who ambushed the firefighters by creating a fire at

his home. Two other firefighters and one off-duty police officer was
also injured in this attack (USA Today, 2012).

In 2014, two law enforcement officers from the NYPD Wenjian Liu and
Rafael Ramos were murdered in an ambush-styled killing while they were
sitting in their patrol car (USA Today, 2014). The offender claimed in a
social media post prior to the murder, "I'm Putting Wings on Pigs
Today." These intentional acts of harm sadly caused numerous communities
to lose loved ones whose dedicated and selfless service was greatly
appreciated.

This is a problem that reaches across the county. In July 2016 five
police officers were killed and nine were wounded in an attack in
Dallas, Texas. In Baton Rouge, Louisiana three officers were killed and
three were wounded as they were responding to a call just ten days
later. According to the National Law Enforcement Officers Memorial Fund
and the Washington Post, ambush killings of police officers have seen a
dramatic increase over previous years.

This bill designates offenses aimed at first responders specifically
because of their job as a law enforcement officers, corrections offi-
cers, firefighters, medical service personnel, etc as a "hate crime".
This legislation intends to support and protect the men and women who
devote their lives to protecting and serving the people of New York
State.

 
LEGISLATIVE HISTORY:

2020: S335 - Referred to Codes

2019: S335 - Referred to Codes

2018: S.1114A - Passed Senate

2017: S.1114A - Passed Senate

2016: S.8212 - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S1917 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1917
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by Sens. AKSHAR, BORRELLO, BOYLE, GALLIVAN, GRIFFO, HELMING,
   JORDAN, LANZA, O'MARA, ORTT, RITCHIE, SERINO, TEDISCO  --  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 designating offenses
   against law enforcement officers, firefighters and  emergency  medical
   services personnel as hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law,
 as amended by chapter 8 of the laws of 2019,  are  amended  to  read  as
 follows:
   1.  A  person  commits a hate crime when he or she commits a specified
 offense and either:
   (a) intentionally selects the  person  against  whom  the  offense  is
 committed  or  intended  to be committed in whole or in substantial part
 because of a  belief  or  perception  regarding  the  (I)  race,  color,
 national  origin, ancestry, gender, gender identity or expression, reli-
 gion, religious practice, age, disability or  sexual  orientation  of  a
 person  OR  (II)  BECAUSE  OF  ACTUAL  OR  PERCEIVED EMPLOYMENT AS A LAW
 ENFORCEMENT OFFICER, A FIREFIGHTER  OR  AS  EMERGENCY  MEDICAL  SERVICES
 PERSONNEL, regardless of whether the belief or perception is correct, or
   (b)  intentionally commits the act or acts constituting the offense in
 whole or in substantial part because of a belief or perception regarding
 the (I) race, color, national origin, ancestry, gender, gender  identity
 or  expression,  religion, religious practice, age, disability or sexual
 orientation of a person OR (II) BECAUSE OF ACTUAL OR  PERCEIVED  EMPLOY-
 MENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER OR AS EMERGENCY MEDICAL
 SERVICES  PERSONNEL,  regardless  of whether the belief or perception is
 correct.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03959-01-1

 S. 1917                             2
 
   2. Proof of race, color, national  origin,  ancestry,  gender,  gender
 identity or expression, religion, religious practice, age, disability or
 sexual  orientation  OR EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIRE-
 FIGHTER OR AS EMERGENCY MEDICAL SERVICES PERSONNEL of the defendant, the
 victim  or  of  both  the  defendant and the victim does not, by itself,
 constitute legally sufficient evidence satisfying  the  people's  burden
 under paragraph (a) or (b) of subdivision one of this section.
   4. For purposes of this section:
   (a) the term "age" means sixty years old or more;
   (b)  the  term "disability" means a physical or mental impairment that
 substantially limits a major life activity;
   (c) the term "gender identity or expression" means a  person's  actual
 or  perceived gender-related identity, appearance, behavior, expression,
 or other gender-related characteristic regardless of the sex assigned to
 that person at birth, including, but not limited to, the status of being
 transgender;
   (D) THE TERM "LAW ENFORCEMENT OFFICER" MEANS  ANY  ACTIVE  OR  RETIRED
 CITY  OR  STATE  LAW ENFORCEMENT OFFICER, PEACE OFFICER, SHERIFF, DEPUTY
 SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL, DEPUTY, WILDLIFE ENFORCE-
 MENT AGENCY, COUNTY OR  STATE  CORRECTIONAL  OFFICER,  FIRE  MARSHAL  OR
 COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION,  AS  WELL  AS  ANY  FEDERAL LAW ENFORCEMENT OFFICER OR EMPLOYEE,
 WHOSE PERMANENT DUTIES INCLUDE MAKING  ARRESTS,  PERFORMING  SEARCH  AND
 SEIZURES,  EXECUTION  OF  CRIMINAL  ARREST  WARRANTS, EXECUTION OF CIVIL
 SEIZURE WARRANTS, ANY CIVIL FUNCTIONS PERFORMED BY  SHERIFFS  OR  DEPUTY
 SHERIFFS,  ENFORCEMENT  OF  PENAL OR TRAFFIC LAWS, OR THE CARE, CUSTODY,
 CONTROL OR SUPERVISION OF INMATES;
   (E)  THE  TERM  "FIREFIGHTER"  MEANS  (I)  ANY  FIREFIGHTER  REGULARLY
 EMPLOYED  BY  A  FIRE DEPARTMENT OF ANY MUNICIPALITY OF THE STATE OF NEW
 YORK AND (II) ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF
 SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW; AND
   (F) THE TERM "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS THE  PERSON-
 NEL  OF  A  SERVICE  OR  AGENCY,  WHETHER  PAID OR VOLUNTEER, ENGAGED IN
 PROVIDING INITIAL EMERGENCY MEDICAL ASSISTANCE, INCLUDING BUT NOT LIMIT-
 ED TO FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS AND ADVANCED EMER-
 GENCY MEDICAL TECHNICIANS.
   § 2. This act shall take effect immediately.

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.