NY State Senate Bill 2017-S2855

Senate Bill S2855

2017-2018 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jan 17, 2017	referred to codes

2017-S2855 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Add §100.60, CP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2788
2011-2012: S3436
2013-2014: S3204
2015-2016: S2892
2019-2020: S3259
2021-2022: S2932
2023-2024: S7270

2017-S2855 (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.

2017-S2855 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2855

 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 are not charged as a hate crime.

 SUMMARY OF PROVISIONS :

Section 1: 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"

Section 2: This act shall take effect on the 90th after it shall
become law.

 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.

Hate crimes, which occur when victims are targeted for reasons such as
their race, gender, religion, or nationality, give rise to 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 :

2015-16: S.2892 - Referred to Codes
2013-14: S.3204 - Referred to Codes
2011-12: S.3436/A.3589 - Referred to Codes

 FISCAL IMPLICATIONS :

None to the state.

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

2017-S2855 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2855
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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:
 § 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.

                                                            LBD07401-01-7

 S. 2855                             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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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.