Assembly Bill A5046

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

                                  5046

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. JEFFRIES
  -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to bias related crime

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

  Section  1.  The  penal  law is amended by adding a new article 491 to
read as follows:
                               ARTICLE 491
                           BIAS RELATED CRIMES
SECTION 491.00 BIAS RELATED CRIME.
S 491.00 BIAS RELATED CRIME.
  1. AS USED IN THIS SECTION, THE TERM "DESIGNATED OFFENSE" SHALL  MEAN:
ASSAULT  IN  THE THIRD DEGREE PURSUANT TO SECTION 120.00; ASSAULT IN THE
SECOND DEGREE PURSUANT TO SECTION 120.05; ASSAULT IN  THE  FIRST  DEGREE
PURSUANT  TO  SECTION 120.10; MANSLAUGHTER IN THE SECOND DEGREE PURSUANT
TO SECTION 125.15; MANSLAUGHTER IN THE FIRST DEGREE PURSUANT TO  SECTION
125.20;  MURDER IN THE SECOND DEGREE PURSUANT TO SECTION 125.25; RAPE IN
THE THIRD DEGREE PURSUANT TO SECTION 130.25; RAPE IN THE  SECOND  DEGREE
PURSUANT TO SECTION 130.30; RAPE IN THE FIRST DEGREE PURSUANT TO SECTION
130.35;  ARSON  IN THE THIRD DEGREE PURSUANT TO SECTION 150.10; ARSON IN
THE SECOND DEGREE PURSUANT TO SECTION 150.15; ARSON IN THE FIRST  DEGREE
PURSUANT  TO  SECTION  150.20;  ROBBERY  IN THE THIRD DEGREE PURSUANT TO
SECTION 160.05; ROBBERY IN THE SECOND DEGREE PURSUANT TO SECTION 160.10;
ROBBERY IN THE FIRST DEGREE PURSUANT TO SECTION 160.15; BURGLARY IN  THE
THIRD  DEGREE  PURSUANT TO SECTION 140.20; BURGLARY IN THE SECOND DEGREE
PURSUANT TO SECTION 140.25; BURGLARY IN THE  FIRST  DEGREE  PURSUANT  TO
SECTION  140.30;  CRIMINAL  TRESPASS  IN  THE  THIRD  DEGREE PURSUANT TO
SECTION 140.10; CRIMINAL TRESPASS  IN  THE  SECOND  DEGREE  PURSUANT  TO
SECTION  140.15;  CRIMINAL  TRESPASS  IN  THE  FIRST  DEGREE PURSUANT TO
SECTION 140.17; CRIMINAL  MISCHIEF  IN  THE  THIRD  DEGREE  PURSUANT  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03584-01-1
              

A. 5046                             2

SECTION  145.05;  CRIMINAL  MISCHIEF  IN  THE  FOURTH DEGREE PURSUANT TO
SECTION 145.00; CRIMINAL MISCHIEF  IN  THE  SECOND  DEGREE  PURSUANT  TO
SECTION  145.10;  CRIMINAL  MISCHIEF  IN  THE  FIRST  DEGREE PURSUANT TO
SECTION  145.12;  UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE PURSUANT TO
SECTION 135.05; UNLAWFUL IMPRISONMENT IN THE FIRST  DEGREE  PURSUANT  TO
SECTION  135.10;  KIDNAPPING  IN  THE  SECOND DEGREE PURSUANT TO SECTION
135.20; KIDNAPPING IN THE FIRST DEGREE PURSUANT TO SECTION 135.25;  RIOT
IN  THE  SECOND  DEGREE  PURSUANT  TO  SECTION 240.05; RIOT IN THE FIRST
DEGREE PURSUANT TO SECTION 240.06; AND  INCITING  TO  RIOT  PURSUANT  TO
SECTION 240.08 OF THIS CHAPTER.
  2. A PERSON IS GUILTY OF BIAS RELATED CRIME WHEN HE OR SHE HAS COMMIT-
TED  A  DESIGNATED  OFFENSE  THAT  DEMONSTRATES A PREJUDICE BASED ON THE
ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, ETHNIC-
ITY, DISABILITY, GENDER OR SEXUAL ORIENTATION  OF  THE  VICTIM  OF  SUCH
DESIGNATED OFFENSE.
  BIAS  RELATED  CRIME  IS A CLASSIFICATION OF FELONY OR MISDEMEANOR ONE
DEGREE HIGHER THAN THE UNDERLYING OFFENSE.
  S 2. Subdivision 2 of section 720.10 of the criminal procedure law, as
amended by chapter 416 of the laws of 1986 and paragraph (a) as  amended
by chapter 316 of the laws of 2006, is amended to read as follows:
  2. "Eligible youth" means a youth who is eligible to be found a youth-
ful offender. Every youth is so eligible unless:
  (a)  the  conviction  to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
defined  in subdivision forty-one of section 1.20, except as provided in
subdivision three, or (iii) rape in the first  degree,  criminal  sexual
act  in the first degree, or aggravated sexual abuse, except as provided
in subdivision three, or (IV) A BIAS RELATED CRIME AS DEFINED IN  SUBDI-
VISION TWO OF SECTION 491.00 OF THE PENAL LAW, OR
  (b) such youth has previously been convicted and sentenced for a felo-
ny, or
  (c)    such  youth has previously been adjudicated a youthful offender
following conviction of a felony or has been  adjudicated  on  or  after
September  first,  nineteen  hundred seventy-eight a juvenile delinquent
who committed a designated felony act as defined  in  the  family  court
act.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.