NY State Senate Bill 2009-S2788

Senate Bill S2788

2009-2010 Legislative Session

Requires the district attorney to file information with the accusatory instrument when certain crimes are committed against a woman and it is not charged as a hate crime

download bill text pdf

Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 03, 2009	referred to codes

2009-S2788 (ACTIVE) - Details

See Assembly Version of this Bill:: A9362
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §100.60, CP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3436
2013-2014: S3204
2015-2016: S2892
2017-2018: S2855
2019-2020: S3259
2021-2022: S2932
2023-2024: S7270

2009-S2788 (ACTIVE) - Summary

Requires the district attorney to file information with the accusatory instrument when certain crimes are committed against a woman and it is not charged as a hate crime.

2009-S2788 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2788

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to filing
information with the accusatory instrument where the district attorney
does not charge a person with a hate crime when certain offenses are
committed against female victims

 PURPOSE :

This bill requires the District Attorney to file information with the
accusatory instrument when certain crimes are committed against a
woman and it is not charged as a hate crime.

 SUMMARY OF PROVISIONS :

The criminal procedure law is amended by adding a new section 100.60
which adds:

(1) reporting by the district attorney in certain cases. When a
specified offense is committed against a female victim, the district
attorney shall set forth reasoning for not charging the defendant with
a hate crime.

(2) Information required by this subdivision shall be filed with the

accusatory instrument.

(3) Defines "specific offense"

 EXISTING LAW :

This is a new bill.

 JUSTIFICATION :

Recently there has been an increasing wave of brutal attacks on women
in New York.  Nationally, there are about 1.3 million women who fall
victim to physical assault at the hands of intimate partners each
year, according to the National Coalition Against Domestic Violence.
Convictions of hate crimes, which occur when victims are targeted for
reasons such as their race, gender, religion, or nationality, call for
harsher sentences than the same crimes committed for different
reasons. We must ensure those who commit these horrendous acts of
crime are punished to the fullest extent of the law.

 LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become law.

2009-S2788 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2788

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 3, 2009
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to filing infor-
  mation with the accusatory instrument where the district attorney does
  not charge a person with  a  hate  crime  when  certain  offenses  are
  committed against female victims

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The criminal procedure law  is  amended  by  adding  a  new
section 100.60 to read as follows:
S 100.60 REPORTING BY THE DISTRICT ATTORNEY IN CERTAIN CASES.
  1.  WHEN A SPECIFIED OFFENSE IS COMMITTED AGAINST A FEMALE VICTIM, THE
DISTRICT ATTORNEY SHALL SET FORTH THEIR REASONING FOR NOT  CHARGING  THE
DEFENDANT  WITH  A  HATE  CRIME PROSECUTABLE UNDER SECTION 485.05 OF THE
PENAL LAW.
  2. INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
FILED WITH THE ACCUSATORY INSTRUMENT, AS DEFINED BY SECTION 1.20 OF THIS
CHAPTER.
  3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS  OF  THE  PENAL  LAW:  SECTION  120.00  (ASSAULT IN THE THIRD
DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND DEGREE);  SECTION  120.10
(ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
PERSON  LESS  THAN  ELEVEN  YEARS  OLD); SECTION 120.13 (MENACING IN THE
FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND  DEGREE);  SECTION
120.15  (MENACING  IN THE THIRD DEGREE); SECTION 120.20 (RECKLESS ENDAN-
GERMENT IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT  IN
THE  FIRST  DEGREE);  SUBDIVISION ONE OF SECTION 125.15 (MANSLAUGHTER IN
THE SECOND DEGREE); SUBDIVISION ONE,  TWO  OR  FOUR  OF  SECTION  125.20
(MANSLAUGHTER IN THE FIRST DEGREE); SECTION 125.25 (MURDER IN THE SECOND
DEGREE);  SECTION 120.45 (STALKING IN THE FOURTH DEGREE); SECTION 120.50
(STALKING IN THE THIRD DEGREE); SECTION 120.55 (STALKING IN  THE  SECOND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09855-01-9

S. 2788                             2

DEGREE);  SECTION 120.60 (STALKING IN THE FIRST DEGREE); SUBDIVISION ONE
OF SECTION 130.35 (RAPE IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION
130.50 (CRIMINAL SEXUAL ACT IN THE FIRST  DEGREE);  SUBDIVISION  ONE  OF
SECTION  130.65  (SEXUAL  ABUSE  IN  THE FIRST DEGREE); PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND
DEGREE); PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.70  (AGGRAVATED
SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05 (UNLAWFUL IMPRISONMENT
IN  THE  SECOND  DEGREE);  SECTION  135.10 (UNLAWFUL IMPRISONMENT IN THE
FIRST DEGREE); SECTION 135.20 (KIDNAPPING IN THE SECOND DEGREE); SECTION
135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE
SECOND DEGREE); SECTION 135.65 (COERCION IN THE FIRST  DEGREE);  SECTION
140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE); SECTION 140.15 (CRIMINAL
TRESPASS IN THE SECOND DEGREE); SECTION 140.17 (CRIMINAL TRESPASS IN THE
FIRST  DEGREE);  SECTION  140.20 (BURGLARY IN THE THIRD DEGREE); SECTION
140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 140.30 (BURGLARY IN  THE
FIRST  DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE);
SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD DEGREE);  SECTION  145.10
(CRIMINAL  MISCHIEF  IN  THE  SECOND  DEGREE);  SECTION 145.12 (CRIMINAL
MISCHIEF IN THE FIRST DEGREE);  SECTION  150.05  (ARSON  IN  THE  FOURTH
DEGREE);  SECTION  150.10  (ARSON  IN  THE THIRD DEGREE); SECTION 150.15
(ARSON IN THE  SECOND  DEGREE);  SECTION  150.20  (ARSON  IN  THE  FIRST
DEGREE);  SECTION  155.25 (PETIT LARCENY); SECTION 155.30 (GRAND LARCENY
IN THE FOURTH DEGREE);  SECTION  155.35  (GRAND  LARCENY  IN  THE  THIRD
DEGREE);  SECTION  155.40  (GRAND LARCENY IN THE SECOND DEGREE); SECTION
155.42 (GRAND LARCENY IN THE FIRST DEGREE); SECTION 160.05  (ROBBERY  IN
THE  THIRD  DEGREE);  SECTION  160.10  (ROBBERY  IN  THE SECOND DEGREE);
SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTION 240.25 (HARASSMENT
IN THE FIRST DEGREE); SUBDIVISION ONE, TWO OR  FOUR  OF  SECTION  240.30
(AGGRAVATED HARASSMENT IN THE SECOND DEGREE); OR ANY ATTEMPT OR CONSPIR-
ACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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