Assembly Bill A7792

2023-2024 Legislative Session

Establishes a rebuttable presumption of a hate crime when certain crimes are committed on, in or upon a house of worship

download bill text pdf

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Archive: Last 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-A7792 (ACTIVE) - Details

See Senate Version of this Bill:
S9466
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L
Versions Introduced in 2025-2026 Legislative Session:
S1252

2023-A7792 (ACTIVE) - Summary

Establishes a rebuttable presumption of a hate crime when certain crimes are committed on, in or upon a house of worship.

2023-A7792 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7792
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing a  rebuttable
   presumption  of  a hate crime when certain crimes are committed on, in
   or upon a house of worship
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 485.05 of the penal law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. ANY CRIME COMMITTED AS  DEFINED  IN  SUBDIVISION  THREE  OF  THIS
 SECTION THAT OCCURS ON, IN OR UPON A HOUSE OF WORSHIP CREATES A REBUTTA-
 BLE PRESUMPTION THAT IT IS A HATE CRIME.
   §  2.  Paragraph  (c)  of subdivision 4 of section 485.05 of the penal
 law, as amended by chapter 8 of the laws of 2019, is amended and  a  new
 paragraph (d) is added to read as follows:
   (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) "HOUSE OF WORSHIP" SHALL MEAN ANY STRUCTURE OR SITE USED PRIMARILY
 AS  A  PLACE  OF WORSHIP ON A PERMANENT BASIS BY A RECOGNIZED AND ESTAB-
 LISHED RELIGIOUS SECT OR DENOMINATION PROVIDED, HOWEVER, THAT THIS DEFI-
 NITION SHALL NOT INCLUDE ANY RELIGIOUS SITE  OR  STRUCTURE  USED  AS  A:
 SCHOOL, COLLEGE, HOSPITAL OR OTHER SIMILAR STRUCTURE OR SITE THAT IS NOT
 USED PRIMARILY FOR RELIGIOUS WORSHIP.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10977-01-3

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