Senate Bill S7040

2023-2024 Legislative Session

Expands the criteria for a hate crime

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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2023-S7040 (ACTIVE) - Details

See Assembly Version of this Bill:
A6929
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§485.05 & 485.10, Pen L

2023-S7040 (ACTIVE) - Summary

Expands the criteria for a hate crime to include trespass committed at a house of worship.

2023-S7040 (ACTIVE) - Sponsor Memo

2023-S7040 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7040
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by  Sen.  WEBER  -- 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 expanding the criteria for
   a hate crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  1  of  section  485.05  of the penal law, as
 amended by chapter 8 of the laws of 2019, is amended to read as follows:
   1. A person commits a hate crime when he or she:
   (A) commits a specified offense and either:
   [(a)] (I) 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  or  sexual  orientation  of  a  person,
 regardless of whether the belief or perception is correct, or
   [(b)]  (II)  intentionally  commits  the  act or acts constituting the
 offense in whole or in substantial part because of a belief  or  percep-
 tion  regarding  the  race,  color,  national  origin, ancestry, gender,
 gender identity or expression, religion, religious practice, age,  disa-
 bility  or  sexual  orientation  of  a person, regardless of whether the
 belief or perception is correct; OR
   (B) COMMITS A SPECIFIED OFFENSE OR A VIOLATION OF  SECTION  140.05  OF
 THIS  CHAPTER  IN  OR  ON  THE GROUNDS OF A CHURCH, SYNAGOGUE, MOSQUE OR
 OTHER HOUSE OF WORSHIP.
   § 2. Subdivision 2 of section 485.10 of the penal  law,  as  added  by
 chapter 107 of the laws of 2000,  is amended to read as follows:
   2. When a person is convicted of a hate crime pursuant to this article
 and  the specified offense is a VIOLATION, A misdemeanor or a class C, D
 or E felony, the hate crime shall be deemed to be  one  category  higher
 than  the  specified  offense  the  defendant committed, or one category
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11072-01-3

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