S T A T E O F N E W Y O R K
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9222--A
2009-2010 Regular Sessions
I N A S S E M B L Y
October 28, 2009
___________
Introduced by M. of A. LANCMAN, PHEFFER, JAFFEE, LIFTON, BOYLAND,
LAVINE, MAYERSOHN, WRIGHT, SKARTADOS, CLARK, JEFFRIES, MARKEY --
Multi-Sponsored by -- M. of A. CHRISTENSEN, KOON, LUPARDO, SCHIMEL,
WEISENBERG -- 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 committee
AN ACT to amend the penal 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".
S 2. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
added by chapter 107 of the laws of 2000, are amended to read as
follows:
1. A person commits a hate crime when he or she 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, religion, religious 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, 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, religion,
religious practice, age, disability, HOMELESSNESS, or sexual orientation
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14626-03-0
A. 9222--A 2
of the defendant, the victim or of both the defendant and the victim
does not, by itself, constitute legally 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; AND
(C) THE TERM "HOMELESSNESS" MEANS THE SET OF CIRCUMSTANCES IN WHICH AN
INDIVIDUAL OR FAMILY IS UNDOMICILED, HAS NO FIXED ADDRESS, LACKS A FIXED
REGULAR NIGHTTIME RESIDENCE, RESIDES IN A PLACE NOT DESIGNED FOR OR
ORDINARILY USED AS A REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS
(SUCH AS A HALLWAY, BUS STATION, LOBBY OR SIMILAR PLACE), RESIDES IN A
HOMELESS SHELTER, RESIDES IN A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMES-
TIC VIOLENCE, OR RESIDES IN A HOTEL/MOTEL ON A TEMPORARY BASIS.
S 3. This act shall take effect immediately.