NY State Assembly Bill 2009-A9220

Archive: Last Bill Status - Signed by Governor

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
Jul 09, 2010	approval memo.5
Jul 07, 2010	signed chap.158
Jun 25, 2010	delivered to governor
May 27, 2010	returned to assembly passed senate
May 11, 2010	3rd reading cal.501 substituted for s7575
Apr 21, 2010	referred to codes delivered to senate passed assembly
Apr 15, 2010	advanced to third reading cal.778
Apr 13, 2010	reported
Apr 08, 2010	print number 9220a
Apr 08, 2010	amend (t) and recommit to codes
Jan 06, 2010	referred to codes
Oct 28, 2009	referred to codes

Votes

- May 27, 2010 - Floor Vote
  A9220
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 27, 2010
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Duane
      
      Golden
      
      Leibell
      
      Montgomery
      
      Morahan

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

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2009-A9220 - Details

See Senate Version of this Bill:: S6701
Law Section:: Penal Law
Laws Affected:: Amd §485.10, Pen L; amd §837-a, Exec L

2009-A9220 - Summary

Relates to hate crimes sentencing; provides that a court may require as a part of the sentence imposed upon a person convicted of a hate crime that the person complete a program, training session or counseling session directed at hate crime prevention.

2009-A9220 - Sponsor Memo

                                BILL NUMBER:A9220

TITLE OF BILL:  An act to amend the penal law and the correction law, in
relation to the issuance of protective orders during the disposition of
cases involving hate crimes and upon release of a convicted hate crime
perpetrator, and authorizing the imposition of additional sentencing
conditions

PURPOSE/GENERAL IDEA OF BILL:  Amends the Criminal Procedure law to
authorize Criminal courts to issue Orders of Protection for victims of
hate crimes during the disposition of the case, and if convicted and/or
sentenced to prison, whenever such perpetrators are released from state
custody. A protective order protects victims from further acts of
violence, threats, stalking and harassment by their former perpetrator.
This bill would require hate-crime perpetrators to stay away from their
victims and would inform victims' families of their release from state
institutions.

JUSTIFICATION:  Orders of protection, currently issued by the Family,
Criminal and Supreme Courts are vital tools for both domestic violence
and stalking victims, providing protection and ensuring that violations
result in the immediate arrest of the abuser or stalker. Recent legisla-
tive changes have further increased the value of orders of protection by
providing for more severe penalties when such orders are violated.

Many domestic violence victims relate the terror of living in their

homes with expired orders of protection knowing their abusers are being
released from prison, while others tell of the harassment that ensues
the day an order of protection expires. This same fear exists in the
minds of victims of hate crimes. When defendants are convicted of "hate
crimes", its victims are intentionally selected, in whole or in part,
because of their race, color, national origin, ancestry, gender, reli-
gion, religious practice, age, disability or sexual orientation.  Hate
crimes do more than threaten the safety and welfare of all citizens.
They inflict on victims incalculable physical and emotional damage. As
seen with recent publicized cases in the media, current law does not
adequately recognize the harm to individual safety that hate crimes
cause. Therefore, our laws must be strengthened to provide clear recog-
nition of the gravity of hate crimes and the compelling importance of
preventing their recurrence.

Upon release of the perpetrator, the victim may live in fear that the
perpetrator will commit further acts of retribution - any act that may
further demonstrate the hatred that caused the initial act of crime and
for that very reason was classified as a hate crime.  A protective order
during the disposition of the case and upon release of a convicted hate
crime perpetrator would protect hate crime victims from possible further
acts of violence, threats, stalking and harassment by their former
perpetrator. Other states have enacted similar provisions to provide
increased and continued protection for both domestic violence and hate
crime victims. This bill is the next necessary step in the state's

continued commitment to protect hate crime victims and their families
while holding offenders accountable for their crimes.

FISCAL IMPLICATIONS: None

2009-A9220 - Bill Text download pdf

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

                                  9220

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 28, 2009
                               ___________

Introduced  by  M. of A. MENG -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law and the correction law, in relation to the
  issuance of protective orders during the disposition of cases  involv-
  ing  hate  crimes and upon release of a convicted hate crime perpetra-
  tor, and authorizing the imposition of  additional  sentencing  condi-
  tions

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

  Section 1. It is the intent of  the  Legislature  to  encourage  state
agencies  and  treatment  facilities,  and  counties, cities, and school
districts, to establish  education  and  training  programs  to  prevent
violations of civil rights and hate crimes.
  S  2. Section 65.10 of the penal law is amended by adding a new subdi-
vision 2-a to read as follows:
  2-A. WHENEVER A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO  ARTI-
CLE  FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, OR OF CONSPIRACY PURSUANT
TO ARTICLE ONE HUNDRED FIVE OF THIS  CHAPTER  TO  COMMIT  A  HATE  CRIME
PURSUANT TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE COURT,
ABSENT  COMPELLING  CIRCUMSTANCES  STATED  ON  THE RECORD, SHALL MAKE AN
ORDER PROTECTING THE VICTIM, OR KNOWN IMMEDIATE FAMILY OR DOMESTIC PART-
NER OF THE VICTIM, FROM FURTHER ACTS OF VIOLENCE, THREATS, STALKING,  OR
HARASSMENT  BY  THE CONVICTED PERSON, INCLUDING ANY STAY-AWAY CONDITIONS
THE COURT DEEMS APPROPRIATE, AND SHALL MAKE OBEDIENCE OF  THAT  ORDER  A
CONDITION  OF  THE CONVICTED PERSON'S PROBATION. IN SUCH CASES THE COURT
MAY ALSO ORDER THAT THE CONVICTED PERSON BE REQUIRED TO DO ONE  OR  MORE
OF THE FOLLOWING AS A CONDITION OF PROBATION:
  (A)  COMPLETE  A  CLASS OR PROGRAM ON RACIAL OR ETHNIC SENSITIVITY, OR
OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR  COUN-
SELING  PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14934-01-9

A. 9220                             2

DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL  AGENCIES  IN  COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
  (B)  REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND OTHER
REASONABLE EXPENSES THAT THE COURT FINDS ARE THE DIRECT  RESULT  OF  THE
CONVICTED PERSON'S ACTS; AND
  (C)  MAKE  PAYMENTS OR OTHER COMPENSATION TO A COMMUNITY-BASED PROGRAM
OR LOCAL AGENCY THAT PROVIDES SERVICES  TO  VICTIMS  OF  HATE  VIOLENCE,
PROVIDED  THAT  ANY  PAYMENTS  OR  OTHER COMPENSATION ORDERED UNDER THIS
PARAGRAPH SHALL BE IN ADDITION TO RESTITUTION  PAYMENTS  REQUIRED  UNDER
PARAGRAPH  (B)  OF  THIS  SUBDIVISION, AND SHALL BE MADE ONLY AFTER THAT
RESTITUTION IS PAID IN FULL.
  S 3. Section 70.00 of the penal law is amended by adding a new  subdi-
vision 2-a to read as follows:
  2-A.  WHENEVER A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO ARTI-
CLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, OR OF CONSPIRACY  PURSUANT
TO  ARTICLE  ONE  HUNDRED  FIVE  OF  THIS CHAPTER TO COMMIT A HATE CRIME
PURSUANT TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE COURT,
ABSENT COMPELLING CIRCUMSTANCES STATED ON  THE  RECORD,  SHALL  MAKE  AN
ORDER PROTECTING THE VICTIM, OR KNOWN IMMEDIATE FAMILY OR DOMESTIC PART-
NER  OF THE VICTIM, FROM FURTHER ACTS OF VIOLENCE, THREATS, STALKING, OR
HARASSMENT BY THE CONVICTED PERSON, INCLUDING ANY  STAY-AWAY  CONDITIONS
THE  COURT  DEEMS APPROPRIATE. IN THE EVENT THAT THE CONVICTED PERSON IS
RELEASED ON PROBATION, THE COURT SHALL MAKE OBEDIENCE OF  THAT  ORDER  A
CONDITION  OF  THE CONVICTED PERSON'S PROBATION. IN SUCH CASES THE COURT
MAY ALSO ORDER THAT THE CONVICTED PERSON BE REQUIRED TO DO ONE  OR  MORE
OF THE FOLLOWING AS A CONDITION OF PROBATION:
  (A)  COMPLETE  A  CLASS OR PROGRAM ON RACIAL OR ETHNIC SENSITIVITY, OR
OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR  COUN-
SELING  PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL  AGENCIES  IN  COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
  (B)  REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND OTHER
REASONABLE EXPENSES THAT THE COURT FINDS ARE THE DIRECT  RESULT  OF  THE
CONVICTED PERSON'S ACTS; AND
  (C)  MAKE  PAYMENTS OR OTHER COMPENSATION TO A COMMUNITY-BASED PROGRAM
OR LOCAL AGENCY THAT PROVIDES SERVICES  TO  VICTIMS  OF  HATE  VIOLENCE,
PROVIDED  THAT  ANY  PAYMENTS  OR  OTHER COMPENSATION ORDERED UNDER THIS
PARAGRAPH SHALL BE IN ADDITION TO RESTITUTION  PAYMENTS  REQUIRED  UNDER
PARAGRAPH  (B)  OF  THIS  SUBDIVISION, AND SHALL BE MADE ONLY AFTER THAT
RESTITUTION IS PAID IN FULL.
  S 4. Section 70.05 of the penal law is amended by adding a new  subdi-
vision 2-a to read as follows:
  2-A.  WHENEVER A JUVENILE OFFENDER IS CONVICTED OF A HATE CRIME PURSU-
ANT TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, OR OF CONSPIRA-
CY PURSUANT TO ARTICLE ONE HUNDRED FIVE OF THIS CHAPTER TO COMMIT A HATE
CRIME PURSUANT TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER,  THE
COURT,  ABSENT COMPELLING CIRCUMSTANCES STATED ON THE RECORD, SHALL MAKE
AN ORDER PROTECTING THE VICTIM, OR KNOWN IMMEDIATE  FAMILY  OR  DOMESTIC
PARTNER OF THE VICTIM, FROM FURTHER ACTS OF VIOLENCE, THREATS, STALKING,
OR  HARASSMENT  BY THE JUVENILE OFFENDER, INCLUDING ANY STAY-AWAY CONDI-
TIONS THE COURT DEEMS APPROPRIATE. IN THE EVENT THAT THE JUVENILE OFFEN-
DER IS RELEASED ON PROBATION, THE COURT SHALL  MAKE  OBEDIENCE  OF  THAT
ORDER  A  CONDITION  OF THE JUVENILE OFFENDER'S PROBATION. IN SUCH CASES
THE COURT MAY ALSO ORDER THAT THE JUVENILE OFFENDER BE  REQUIRED  TO  DO
ONE OR MORE OF THE FOLLOWING AS A CONDITION OF PROBATION:

A. 9220                             3

  (A)  COMPLETE  A  CLASS OR PROGRAM ON RACIAL OR ETHNIC SENSITIVITY, OR
OTHER SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR  COUN-
SELING  PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
DEVELOPED  OR  AUTHORIZED  BY THE COURT OR LOCAL AGENCIES IN COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
  (B) REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND  OTHER
REASONABLE  EXPENSES  THAT  THE COURT FINDS ARE THE DIRECT RESULT OF THE
JUVENILE OFFENDER'S ACTS; AND
  (C) MAKE PAYMENTS OR OTHER COMPENSATION TO A  COMMUNITY-BASED  PROGRAM
OR  LOCAL  AGENCY  THAT  PROVIDES  SERVICES TO VICTIMS OF HATE VIOLENCE,
PROVIDED THAT ANY PAYMENTS OR  OTHER  COMPENSATION  ORDERED  UNDER  THIS
PARAGRAPH  SHALL  BE  IN ADDITION TO RESTITUTION PAYMENTS REQUIRED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION, AND SHALL BE  MADE  ONLY  AFTER  THAT
RESTITUTION IS PAID IN FULL.
  S  5. Section 70.15 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5. WHENEVER A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO  ARTICLE
FOUR  HUNDRED  EIGHTY-FIVE OF THIS CHAPTER, OR OF CONSPIRACY PURSUANT TO
ARTICLE ONE HUNDRED FIVE OF THIS CHAPTER TO COMMIT A HATE CRIME PURSUANT
TO ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THIS CHAPTER, THE  COURT,  ABSENT
COMPELLING  CIRCUMSTANCES  STATED  ON  THE  RECORD,  SHALL MAKE AN ORDER
PROTECTING THE VICTIM, OR KNOWN IMMEDIATE FAMILY OR DOMESTIC PARTNER  OF
THE VICTIM, FROM FURTHER ACTS OF VIOLENCE, THREATS, STALKING, OR HARASS-
MENT  BY  THE  CONVICTED  PERSON, INCLUDING ANY STAY-AWAY CONDITIONS THE
COURT DEEMS APPROPRIATE. IN THE  EVENT  THAT  THE  CONVICTED  PERSON  IS
RELEASED  ON  PROBATION,  THE COURT SHALL MAKE OBEDIENCE OF THAT ORDER A
CONDITION OF THE CONVICTED PERSON'S PROBATION. IN SUCH CASES  THE  COURT
MAY  ALSO  ORDER THAT THE CONVICTED PERSON BE REQUIRED TO DO ONE OR MORE
OF THE FOLLOWING AS A CONDITION OF PROBATION:
  (A) COMPLETE A CLASS OR PROGRAM ON RACIAL OR  ETHNIC  SENSITIVITY,  OR
OTHER  SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR COUN-
SELING PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND  ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
DEVELOPED  OR  AUTHORIZED  BY THE COURT OR LOCAL AGENCIES IN COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
  (B) REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND  OTHER
REASONABLE  EXPENSES  THAT  THE COURT FINDS ARE THE DIRECT RESULT OF THE
CONVICTED PERSON'S ACTS; AND
  (C) MAKE PAYMENTS OR OTHER COMPENSATION TO A  COMMUNITY-BASED  PROGRAM
OR  LOCAL  AGENCY  THAT  PROVIDES  SERVICES TO VICTIMS OF HATE VIOLENCE,
PROVIDED THAT ANY PAYMENTS OR  OTHER  COMPENSATION  ORDERED  UNDER  THIS
PARAGRAPH  SHALL  BE  IN ADDITION TO RESTITUTION PAYMENTS REQUIRED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION, AND SHALL BE  MADE  ONLY  AFTER  THAT
RESTITUTION IS PAID IN FULL.
  S  6.  Section  402  of  the correction law is amended by adding a new
subdivision 14 to read as follows:
  14. WHENEVER A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO ARTICLE
FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, OR OF CONSPIRACY PURSUANT  TO
ARTICLE ONE HUNDRED FIVE OF THIS CHAPTER TO COMMIT A HATE CRIME PURSUANT
TO  ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, IS COMMITTED TO A
STATE HOSPITAL OR OTHER TREATMENT FACILITY AND THEN IS EITHER PLACED  ON
OUTPATIENT  STATUS  OR  CONDITIONAL  RELEASE  FROM THE STATE HOSPITAL OR
OTHER TREATMENT FACILITY, THE  COURT,  ABSENT  COMPELLING  CIRCUMSTANCES
STATED  ON  THE  RECORD,  SHALL  MAKE AN ORDER PROTECTING THE VICTIM, OR
KNOWN IMMEDIATE FAMILY OR DOMESTIC PARTNER OF THE VICTIM,  FROM  FURTHER

A. 9220                             4

ACTS  OF  VIOLENCE,  THREATS,  STALKING,  OR HARASSMENT BY THE CONVICTED
PERSON, INCLUDING ANY STAY-AWAY CONDITIONS THE COURT DEEMS  APPROPRIATE.
IN  THE  EVENT  THAT  THE CONVICTED PERSON IS RELEASED ON PROBATION, THE
COURT  SHALL  MAKE  OBEDIENCE OF THAT ORDER A CONDITION OF THE CONVICTED
PERSON'S PROBATION. IN SUCH CASES THE COURT  MAY  ALSO  ORDER  THAT  THE
CONVICTED  PERSON  BE  REQUIRED  TO DO ONE OR MORE OF THE FOLLOWING AS A
CONDITION OF PROBATION:
  (A) COMPLETE A CLASS OR PROGRAM ON RACIAL OR  ETHNIC  SENSITIVITY,  OR
OTHER  SIMILAR TRAINING IN THE AREA OF CIVIL RIGHTS, OR A ONE-YEAR COUN-
SELING PROGRAM INTENDED TO REDUCE THE TENDENCY TOWARD VIOLENT AND  ANTI-
SOCIAL BEHAVIOR IF THAT CLASS, PROGRAM, OR TRAINING IS AVAILABLE AND WAS
DEVELOPED  OR  AUTHORIZED  BY THE COURT OR LOCAL AGENCIES IN COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;
  (B) REIMBURSE THE VICTIM FOR REASONABLE COSTS OF COUNSELING AND  OTHER
REASONABLE  EXPENSES  THAT  THE COURT FINDS ARE THE DIRECT RESULT OF THE
CONVICTED PERSON'S ACTS; AND
  (C) MAKE PAYMENTS OR OTHER COMPENSATION TO A  COMMUNITY-BASED  PROGRAM
OR  LOCAL  AGENCY  THAT  PROVIDES  SERVICES TO VICTIMS OF HATE VIOLENCE,
PROVIDED THAT ANY PAYMENTS OR  OTHER  COMPENSATION  ORDERED  UNDER  THIS
PARAGRAPH  SHALL  BE  IN ADDITION TO RESTITUTION PAYMENTS REQUIRED UNDER
PARAGRAPH (B) OF THIS SUBDIVISION, AND SHALL BE  MADE  ONLY  AFTER  THAT
RESTITUTION IS PAID IN FULL.
  S 7. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

co-Sponsors

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multi-Sponsors

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2009-A9220A (ACTIVE) - Details

See Senate Version of this Bill:: S6701
Law Section:: Penal Law
Laws Affected:: Amd §485.10, Pen L; amd §837-a, Exec L

2009-A9220A (ACTIVE) - Summary

2009-A9220A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9220A

TITLE  OF BILL:  An act to amend the penal law and the executive law, in
relation to cases involving hate crimes

PURPOSE: This bill would allow courts to require, as part of a  sentence
imposed  upon  a  person  convicted of a hate crime, that such defendant
complete a program, training session or counseling session  directed  at
hate crime prevention and education. This bill would expand the develop-
ment  and  provision of continuing legal education, training, advice and
assistance for prosecutors to include the prosecution of hate crimes.

SUMMARY OF SPECIFIC PROVISIONS:   Section 1  amends  the  penal  law  to
authorize courts to require, as part of a sentence imposed upon a person
convicted  of  a  hate  crime,  that  such defendant complete a program,
training session or counseling session directed at hate crime prevention
and education, where a court finds such program or session is  available
and  applicable.  Such  program,  training session or counseling session
will be developed or authorized by the sentencing court or  local  agen-
cies  in  conjunction with community organizations affected by such hate
crime.

Section 2 amends the executive law to provide for the expansion  of  the
Division  of  Criminal  Justice  Services  development  and provision of
continuing legal education, training, advice and assistance for prosecu-
tors to include training on the prosecution of hate crimes.

JUSTIFICATION:  When defendants are convicted of "hate crimes",  victims
are  intentionally selected, in whole or in part, because of their race,
color, national origin, ancestry, gender, religion, religious  practice,
age,  disability  or  sexual orientation. Hate crimes have a significant
impact on victims in that they threaten the safety and  welfare  of  all
citizens,  and  inflict  incalculable  physical  and emotional damage on
those that are victimized. As seen with recent publicized cases  in  the
media,  current  law  does  not  adequately recognize the harm that hate
crimes cause  to  individual  safety.    Therefore,  our  laws  must  be
strengthened  to provide clear recognition of the gravity of hate crimes
and the compelling importance of  preventing  their  recurrence  through
education,  training,  and  counseling in cooperation with organizations
serving affected communities.

In fact, recommendations contained in a recent report by the  Leadership
Conference  on  Civil Rights indicated that the federal government has a
central role in to play in funding anti-bias education  and  hate  crime
prevention  initiatives,  as  well  as  promoting awareness of effective
anti-bias education initiatives.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November next
succeeding the date upon which it shall have become a law.

2009-A9220A (ACTIVE) - Bill Text download pdf

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

                                 9220--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 28, 2009
                               ___________

Introduced  by M. of A. MENG, REILLY, HOYT, WEISENBERG, BOYLAND, MAISEL,
  CHRISTENSEN, TITONE,  PHEFFER,  GUNTHER,  SPANO,  GIBSON,  CYMBROWITZ,
  CASTRO,  COOK,  ESPAILLAT,  STIRPE,  TITUS,  N. RIVERA,  HYER-SPENCER,
  ROSENTHAL, JAFFEE,  ARROYO,  JEFFRIES,  GALEF,  HOOPER,  J. RIVERA  --
  Multi-Sponsored  by  --  M.    of  A. ABBATE, AUBRY, CRESPO, DelMONTE,
  GLICK, JOHN, LANCMAN, MARKEY, MAYERSOHN -- read once and  referred  to
  the  Committee  on  Codes  -- recommitted to the Committee on Codes in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law and the  executive  law,  in  relation  to
  cases involving hate crimes

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

  Section 1. Section 485.10 of the penal law is amended by adding a  new
subdivision 5 to read as follows:
  5.  IN ADDITION TO ANY OF THE DISPOSITIONS AUTHORIZED BY THIS CHAPTER,
THE COURT MAY REQUIRE AS PART OF THE  SENTENCE  IMPOSED  UPON  A  PERSON
CONVICTED  OF  A HATE CRIME PURSUANT TO THIS ARTICLE, THAT THE DEFENDANT
COMPLETE A PROGRAM, TRAINING SESSION OR COUNSELING SESSION  DIRECTED  AT
HATE  CRIME  PREVENTION  AND  EDUCATION, WHERE THE COURT DETERMINES SUCH
PROGRAM, TRAINING SESSION OR COUNSELING SESSION IS  APPROPRIATE,  AVAIL-
ABLE  AND  WAS DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL AGENCIES IN
COOPERATION WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY.
  S 2. Subdivision 7 of section 837-a of the executive law, as added  by
chapter 1 of the laws of 1995, is amended to read as follows:
  7.  Contract  with  an  organization  having substantial knowledge and
experience in the prosecution of serious criminal matters for the devel-
opment and provision of continuing legal education, training, advice and
assistance for prosecutors in the prosecution of capital cases AND  HATE
CRIMES.
  S 3. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.

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

                      [ ] is old law to be omitted.
                                                           LBD14934-04-0

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Assembly Bill A9220

Sponsored By

Archive: Last Bill Status - Signed by Governor

May 27, 2010 - Floor Vote

Floor Vote: May 27, 2010

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A9220 - Details

2009-A9220 - Summary

2009-A9220 - Sponsor Memo

2009-A9220 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A9220A (ACTIVE) - Details

2009-A9220A (ACTIVE) - Summary

2009-A9220A (ACTIVE) - Sponsor Memo

2009-A9220A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9220

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Sponsored By

MENG

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Robert Reilly

Sam Hoyt

Harvey Weisenberg

William Boyland

multi-Sponsors

Peter Abbate

Jeffrion Aubry

Marcos Crespo

Francine DelMonte

2009-A9220 - Details

2009-A9220 - Summary

2009-A9220 - Sponsor Memo

2009-A9220 - Bill Text download pdf

co-Sponsors

Robert Reilly

Sam Hoyt

Harvey Weisenberg

William Boyland

multi-Sponsors

Peter Abbate

Jeffrion Aubry

Marcos Crespo

Francine DelMonte

2009-A9220A (ACTIVE) - Details

2009-A9220A (ACTIVE) - Summary

2009-A9220A (ACTIVE) - Sponsor Memo

2009-A9220A (ACTIVE) - Bill Text download pdf

Comments