Assembly Bill A9362

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

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2009-A9362 (ACTIVE) - Details

See Senate Version of this Bill:
S2788
Current Committee:
Assembly 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-A9362 (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-A9362 (ACTIVE) - Sponsor Memo

2009-A9362 (ACTIVE) - Bill Text download pdf 

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

                                  9362

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. GABRYSZAK, WEISENBERG, DelMONTE, MILLMAN, SPANO,
  KELLNER, COOK, N. RIVERA, CASTRO, JAFFEE, MENG, JOHN, LIFTON,  LAVINE,
  ENGLEBRIGHT  -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, CARROZZA,
  DESTITO, GLICK, KOON,  LUPARDO,  MARKEY,  PHEFFER,  RABBITT,  SCHIMEL,
  TITUS -- read once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.