Assembly Bill A5094

2023-2024 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

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Current Bill Status - In Assembly 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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2023-A5094 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9539
2021-2022: A3687

2023-A5094 (ACTIVE) - Summary

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

2023-A5094 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5094
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by  M.  of A. LAVINE, SIMON -- read once and referred 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.
                                                            LBD02766-01-3

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