NY State Senate Bill 2025-S5816

Senate Bill S5816

2025-2026 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2025	referred to codes

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2025-S5816 (ACTIVE) - Details

See Assembly Version of this Bill:: A1565
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9222
2011-2012: A2453
2013-2014: A8275
2015-2016: A1353
2017-2018: A4824
2019-2020: A643
2021-2022: A298
2023-2024: S6081, A2191

2025-S5816 (ACTIVE) - Summary

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

2025-S5816 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5816

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the penal law and the executive law, in relation to
designating offenses against homeless persons as hate crimes

 
PURPOSE:

This bill protects homeless people from the abuse and attacks often
levied against them by designating such attacks as hate crimes.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth the short title of the bill as the "Homeless
Protection Act".

Section 2 amends subdivision 1, 2, and 4 of section 485.05 of the penal
law, as added by chapter 8 of the laws of 2019; to include homelessness
as a protected class; and to define "homelessness" as the set of circum-
stances in which an individual or family lacks a fixed, regular, and

adequate nighttime residence, resides in a place not designed for or
ordinarily used as a regular sleeping accommodation for human beings,
such as a car, public sidewalk or street, hallway, bus or train station,
lobby or similar place, resides in a residential program for victims of
domestic violence or runaway and homeless youth, or resides in a super-
vised publicly or privately operated shelter designed to provide tempo-
rary living arrangements, including hotels and motels paid for by feder-
al, state, or local government programs or by charitable organizations,
congregate shelters, safe havens or transitional housing.

Section 3 amends paragraph a of subdivision 4-c of section 837 of the
executive law, as amended by chapter 118 of the laws of 2022.

Section 4 sets forth the effective date.

 
JUSTIFICATION:

From 1999 through 2019, the National Coalition for the Homeless has
documented 1,852 reported acts of violence against individuals experi-
encing homelessness nationwide, of which 515 have resulted in deaths. In
New York, there have been 73 documented offenses over the last 25 years,
including incidents of stabbings and setting individuals on fire, that
could be classified as hate crimes under the Homeless Protection Act.

People experiencing homelessness are vulnerable to harassment, threats,
theft, and physical attacks due to their physical exposure.  Those who
are unsheltered and those who leave their shelters during the day spend
large amounts of time outdoors and on public transportation that leave
them exposed and can make them targets.

In addition to this data, we know that attacks against people experienc-
ing homelessness go vastly underreported due to several factors. Indi-
viduals may be reluctant to interact with law enforcement while experi-
encing homelessness or feel that reporting will not result in a
meaningful outcome, both of which can result in an individual never
filing a police report. Another important factor that may cause underre-
porting is the very fact that homelessness is not currently a protected
class, so a person's housing status may not be included in the police
report if one is filed following a physical assault, verbal threat,
robbery, burglary, or property damage- all of which many be charged as a
hate crime for current protected classes.  One goal of this legislation
is to increase the reporting mechanisms for targeted attacks against an
individual based on the assumption that they are homeless so that this
data would be appropriately tracked across the State of New York.

The other primary goal of this legislation is to destigmatize New York-
ers experiencing homelessness. There are untrue assumptions made about
people experiencing homelessness, including that they are dangerous and
prone to violence. This is exemplified by the opposition that persists
across many neighborhoods when a new shelter or other homeless services
are proposed. In reality, people experiencing homelessness are far more
likely to be the victims of violent attacks. Furthermore, people experi-
encing homelessness and living with a mental illness are significantly
more likely to be the victims of a crime than a perpetrator. According
to the Substance Use and Mental Health Services Administration (SAMHSA),
people with severe mental illnesses are over 10 times more likely to be
victims of a violent crime than the general population. The death of
Jordan Neely at the hands of a fellow passenger on the New York City
subway on May 1, 2023, demonstrates this risk. Mr. Neely was experienc-
ing homelessness and living with a mental illness, and his desperation
and call for help was interpreted as a threat, resulting in an attack
against him that took his life.

This legislation is intended to spread awareness and increase the rights
of people experiencing homelessness, who are often treated as less than
or forgotten. Its target is people who commit crimes against people
experiencing homelessness due to stigma and cruel intentions towards
vulnerable individuals. It is not intended to increase punishment for
people who commit crimes against those experiencing homelessness while
homeless themselves or during a mental health crisis. It is also not
intended to perpetuate inequities towards racial and ethnic groups over-
represented in the criminal legal system including young people and
those who identify as black, indigenous, or people of color.

 
LEGISLATIVE HISTORY:

S.6018B of 2023-2024: Amended and recommitted to Codes, Print Number
6018B, Referred to Codes;

2023-24 S. 6081-A Referred to Codes

2021-22: A.298 - Referred to Codes

2019-20: A.643-Referred to Codes

2017-18: A.4824- Referred to Codes

2015-16: A.1353- Referred to Codes; S813-Referred to Codes

2013-14: A.8275- Referred to Codes; S1148- Referred to Codes

 
FISCAL IMPLICATIONS:

None to the state.

 
LOCAL FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This bill should take effect immediately.

2025-S5816 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5816
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  CLEARE,  COMRIE, FERNANDEZ, GONZALEZ,
   JACKSON, MAY, PARKER -- read  twice  and  ordered  printed,  and  when
   printed to be committed to the Committee on Codes
 
 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] SUCH PERSON  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.
                                                            LBD04221-01-5
 S. 5816                             2

 
 ly  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[.]; AND
   (D) THE TERM "HOMELESSNESS" MEANS THE SET OF CIRCUMSTANCES IN WHICH AN
 INDIVIDUAL OR FAMILY LACKS A  FIXED,  REGULAR,  AND  ADEQUATE  NIGHTTIME
 RESIDENCE,  RESIDES  IN A PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A
 REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS, SUCH AS A  CAR,  PUBLIC
 SIDEWALK  OR  STREET,  HALLWAY,  BUS  OR TRAIN STATION, LOBBY OR SIMILAR
 PLACE, RESIDES IN A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE
 OR RUNAWAY AND HOMELESS YOUTH, OR RESIDES IN A  SUPERVISED  PUBLICLY  OR
 PRIVATELY OPERATED SHELTER DESIGNED TO PROVIDE TEMPORARY LIVING ARRANGE-
 MENTS,  INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE, OR LOCAL
 GOVERNMENT PROGRAMS OR BY CHARITABLE ORGANIZATIONS, CONGREGATE SHELTERS,
 SAFE HAVENS OR TRANSITIONAL HOUSING.
   § 3. Paragraph (a) of subdivision 4-c of section 837 of the  executive
 law,  as  amended by chapter 118 of the laws of 2022, is amended to read
 as follows:
   (a) In cooperation with the chief administrator of the courts as  well
 as  any  other public or private agency, including law enforcement agen-
 cies, collect, maintain, analyze and make  public  statistical  and  all
 other  information  and  data  with respect to the number of hate crimes
 reported to or investigated by the division of  state  police,  and  all
 other  police  or peace officers, the number of persons arrested for the
 commission of  such  crimes,  the  offense  for  which  the  person  was
 arrested,  the  demographic data of the victim or victims of such crimes
 including, but not limited to, race, color, national  origin,  ancestry,
 gender,  gender  identity  or  expression, religion, religious practice,
 age, disability, HOMELESSNESS or sexual orientation  of  a  person,  the
 demographic data of the person or persons arrested for the commission of
 such crimes including, but not limited to, race, color, national origin,
 ancestry,  gender,  gender  identity  or expression, religion, religious
 practice, age, disability,  HOMELESSNESS  or  sexual  orientation  of  a
 person,  the  county within which the arrest was made and the accusatory
 instrument filed, the disposition of the  accusatory  instrument  filed,
 including, but not limited to, as the case may be, dismissal, acquittal,
 the  offense to which the defendant pled guilty, the offense the defend-
 ant was convicted  of  after  trial,  and  the  sentence  imposed.  Data
 collected  shall  be  used for research or statistical purposes only and
 shall not contain information that may reveal the identity of any  indi-
 vidual.  The division shall include the statistics and other information
 required by this subdivision in an annual report submitted to the gover-
 nor, the speaker of the assembly, the temporary president of the senate,
 the chair of the assembly codes committee, the chair of the senate codes
 committee, the attorney general and the chief  administrative  judge  of
 the  office  of  court  administration.  Such  annual reports shall be a
 public record.
   § 4. This act shall take effect immediately.

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