S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6792
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09116-01-3
              

 A. 6792                             2
 
 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.