S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3085
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. SIMON, JACKSON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to presumptive evidence  that
   a person committed a hate crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of  section  485.05  of  the  penal  law,  as
 amended by chapter 8 of the laws of 2019, is amended to read as follows:
   2. (A) Proof of race, color, national origin, ancestry, gender, gender
 identity or expression, religion, religious practice, age, disability or
 sexual orientation 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.
   (B)  IF  IT IS ESTABLISHED THAT A PERSON COMMITTED A SPECIFIED OFFENSE
 AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, THE FOLLOWING FACTS AND
 CIRCUMSTANCES, EITHER INDIVIDUALLY OR IN COMBINATION WITH EACH OTHER, IS
 PRESUMPTIVE EVIDENCE THAT SUCH PERSON COMMITTED A HATE CRIME PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION:
   (I) THE DEFENDANT MADE DECLARATIONS  OR  STATEMENTS  CONTEMPORANEOUSLY
 WITH  COMMITTING  THE  SPECIFIED  OFFENSE  REGARDING  THE  RACE,  COLOR,
 NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION,  RELI-
 GION,  RELIGIOUS  PRACTICE,  AGE,  DISABILITY OR SEXUAL ORIENTATION OF A
 PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT;
   (II) THE PEOPLE HAVE ESTABLISHED  THE  DEFENDANT'S  PATTERN  OF  PRIOR
 PREJUDICE  REGARDING  RACE,  COLOR,  NATIONAL  ORIGIN, ANCESTRY, GENDER,
 GENDER IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE,  DISA-
 BILITY  OR SEXUAL ORIENTATION, AND THE OFFENSE COMMITTED BY SUCH DEFEND-
 ANT WAS AGAINST THE SAME PROTECTED CLASS AS THE DEFENDANT'S  ESTABLISHED
 PRIOR PREJUDICE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02991-01-3
 A. 3085                             2
              

 
   (III) THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED IS A MEMBER OF
 A  PERCEIVED  GROUP  THAT WAS OUTNUMBERED BY MEMBERS OF ANOTHER GROUP IN
 THE AREA WHERE THE OFFENSE WAS COMMITTED; OR
   (IV)  THE PEOPLE HAVE ESTABLISHED THAT THE DEFENDANT MADE BIAS-RELATED
 DRAWINGS, MARKINGS, SYMBOLS OR GRAFFITI AT OR NEAR WHERE THE OFFENSE WAS
 COMMITTED.
   § 2. This act shall take effect immediately.