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Senate Bill S5933

2023-2024 Legislative Session

Designates offenses against law enforcement officers as hate crimes and makes graffiti a hate crime

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S5933 (ACTIVE) - Details

See Assembly Version of this Bill:
A2964
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10933
2021-2022: A4377
2025-2026: S283, A1159

2023-S5933 (ACTIVE) - Summary

Designates offenses against law enforcement officers as hate crimes; designates making graffiti as a specified offense.

2023-S5933 (ACTIVE) - Sponsor Memo

2023-S5933 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5933
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2023
                                ___________
 
 Introduced  by  Sen.  RHOADS -- 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 as hate crimes and makes graffiti a
   hate crime

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (a) and (b) of subdivision 1 and subdivision 2
 of section 485.05 of the penal law, as amended by chapter 8 of the  laws
 of 2019, are amended to read as follows:
   (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  (I)  the 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,  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
 (I)  the 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, 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  of  the
 defendant,  the victim or of both the defendant and the victim does not,
 by  itself,  constitute  legally  sufficient  evidence  satisfying   the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06787-01-3
 S. 5933                             2

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