Senate Bill S6081A

2023-2024 Legislative Session

Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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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Bill Amendments

2023-S6081 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L

2023-S6081 - Summary

Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes; includes the definition of homelessness.

2023-S6081 - Sponsor Memo

2023-S6081 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6081
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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 homeless persons as hate crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "homeless protection act".
   § 2. 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 race, color, national
 origin, ancestry, gender, gender identity or expression, religion, reli-
 gious practice, age, disability, HOMELESSNESS, or sexual orientation  of
 a person, 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 race, color, national origin, ancestry, gender, gender  identity  or
 expression, religion, religious practice, age, disability, HOMELESSNESS,
 or  sexual  orientation of a person, 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,
 HOMELESSNESS, or sexual orientation of the defendant, the victim  or  of
 both the defendant and the victim does not, by itself, constitute legal-
 ly  sufficient  evidence  satisfying the people's burden under paragraph
 (a) or (b) of subdivision one of this section.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06488-01-3
              

2023-S6081A - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L

2023-S6081A - Summary

Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes; includes the definition of homelessness.

2023-S6081A - Sponsor Memo

2023-S6081A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6081--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal  law,  in  relation  to  designating  offenses
   against homeless persons as hate crimes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "homeless protection act".
   §  2.  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  race,  color,  national
 origin, ancestry, gender, gender identity or expression, religion, reli-
 gious  practice, age, disability, HOMELESSNESS, or sexual orientation of
 a person, 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  race,  color, national origin, ancestry, gender, gender identity or
 expression, religion, religious practice, age, disability, HOMELESSNESS,
 or sexual orientation of a person, 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,
 HOMELESSNESS,  or  sexual orientation of the defendant, the victim or of
 both the defendant and the victim does not, by itself, constitute legal-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06488-02-3
              

co-Sponsors

2023-S6081B (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L

2023-S6081B (ACTIVE) - Summary

Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes; includes the definition of homelessness.

2023-S6081B (ACTIVE) - Sponsor Memo

2023-S6081B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6081--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  penal law and the executive law, in relation to
   designating offenses against homeless persons as hate crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "homeless protection act".
   § 2. 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 race, color, national
 origin, ancestry, gender, gender identity or expression, religion, reli-
 gious practice, age, disability, HOMELESSNESS, or sexual orientation  of
 a person, 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 race, color, national origin, ancestry, gender, gender  identity  or
 expression, religion, religious practice, age, disability, HOMELESSNESS,
 or  sexual  orientation of a person, 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,
 HOMELESSNESS, or sexual orientation of the defendant, the victim  or  of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06488-11-3
              

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