Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
May 29, 2009 |
referred to codes |
Assembly Bill A8590
2009-2010 Legislative Session
Sponsored By
HOOPER
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
Actions
2009-A8590 (ACTIVE) - Details
2009-A8590 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8590 TITLE OF BILL: An act to amend the penal law, in relation to presump- tive evidence of hate crimes PURPOSE: Change New York State's Hate Crime Law in order to facilitate law enforcement's ability to promptly charge a hate crime after an initial investigation. A recent incident involving the vicious assault of an African-American man in the community of Roosevelt illustrates the need for an amendment to the statute. A presumption added to Penal Law 485.05 to provide that if during the commission of the one of the enumerated crimes hateful language, i.e. racial or ethnic slurs, is verbally communicated by the suspect; a Hate Crime may be summarily charged by the police. SUMMARY OF PROVISIONS: Penal Law 485.05 be amended by adding the following provision: 485.05 Hate Crimes Presumption During the commission of a "Specified Offense" as listed in the 485 section of the New New York State Hate Crime Law it will be presumptive evidence of hate crime motivation for this section if the offender verbally utilizes any of the commonly known Profane slurs or biased language used to describe the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orien-
2009-A8590 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8590 2009-2010 Regular Sessions I N A S S E M B L Y May 29, 2009 ___________ Introduced by M. of A. HOOPER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to presumptive evidence of hate crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 485.05 of the penal law is amended by adding a new subdivision 5 to read as follows: 5. DURING THE COMMISSION OF A SPECIFIED OFFENSE, IT SHALL BE PRESUMP- TIVE EVIDENCE OF A HATE CRIME WHEN THE OFFENDER VERBALLY UTILIZES ANY OF THE COMMONLY KNOWN PROFANE SLURS OR BIASED LANGUAGE USED TO DESCRIBE THE RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF THE VICTIM. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11978-01-9
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