NY State Senate Bill 2009-S6701

Senate Bill S6701

2009-2010 Legislative Session

Relates to the issuance of protective orders in cases involving hate crimes and upon release of a convicted hate crime perpetrator, and authorizes the imposition of additional sentencing conditions

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 28, 2010	referred to codes

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2009-S6701 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§65.10, 70.00, 70.05 & 70.15, Pen L; amd §402, Cor L

2009-S6701 (ACTIVE) - Summary

Relates to the issuance of protective orders during the disposition of cases involving hate crimes and upon release of a convicted hate crime perpetrator, and authorizes the imposition of additional sentencing conditions.

2009-S6701 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6701

 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 legislative

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, religion, 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 recognition 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.

 EFFECTIVE DATE :
First of November next succeeding the date it becomes law.

2009-S6701 (ACTIVE) - Bill Text download pdf

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

                                  6701

                            I N  S E N A T E

                            January 28, 2010
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed 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
DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL  AGENCIES  IN  COOPERATION
WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY;

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

S. 6701                             2

  (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)  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-

S. 6701                             3

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
ACTS OF VIOLENCE, THREATS, STALKING,  OR  HARASSMENT  BY  THE  CONVICTED
PERSON,  INCLUDING ANY STAY-AWAY CONDITIONS THE COURT DEEMS APPROPRIATE.

S. 6701                             4

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.

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Senate Bill S6701

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Sponsored By

Eric T. Schneiderman