S T A T E O F N E W Y O R K
________________________________________________________________________
6489
2011-2012 Regular Sessions
I N A S S E M B L Y
March 21, 2011
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to including military or veteran status in the descriptions
of hate crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 240.00 of the penal law is amended by adding two
new subdivisions 7 and 8 to read as follows:
7. "MILITARY STATUS" MEANS A PERSON'S PARTICIPATION IN THE MILITARY
SERVICE OF THE UNITED STATES OR THE MILITARY SERVICE OF THE STATE,
INCLUDING BUT NOT LIMITED TO, THE ARMED FORCES OF THE UNITED STATES, THE
ARMY NATIONAL GUARD, THE AIR NATIONAL GUARD, THE NEW YORK NAVAL MILITIA,
THE NEW YORK GUARD, AND SUCH ADDITIONAL FORCES AS MAY BE CREATED BY THE
FEDERAL OR STATE GOVERNMENT AS AUTHORIZED BY LAW.
8. "VETERAN STATUS" MEANS A PERSON, MALE OR FEMALE, RESIDENT OF THIS
STATE, WHO SERVED IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE OF THE
UNITED STATES DURING A PERIOD OF WAR, OR WHO HAS RECEIVED A COMPENSATION
RATING FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR FROM THE
UNITED STATES DEPARTMENT OF DEFENSE BECAUSE OF A SERVICE CONNECTED DISA-
BILITY OR WHO HAS RECEIVED A DISABILITY PENSION OR DISABILITY BENEFITS
FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR WHO WAS A
RECIPIENT OF THE ARMED FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY
MEDAL, MARINE CORPS EXPEDITIONARY MEDAL, OR GLOBAL WAR ON TERRORISM
EXPEDITIONARY MEDAL, AND WHO HAS BEEN RELEASED FROM SUCH SERVICE OTHER-
WISE THAN BY DISHONORABLE DISCHARGE.
S 2. Subdivision 3 of section 240.30 of the penal law, as amended by
chapter 510 of the laws of 2008, is amended to read as follows:
3. Strikes, shoves, kicks, or otherwise subjects another person to
physical contact, or attempts or threatens to do the same because of a
belief or perception regarding such person's race, color, national
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09897-01-1
A. 6489 2
origin, ancestry, gender, religion, religious practice, age, MILITARY
STATUS, VETERAN STATUS, disability or sexual orientation, regardless of
whether the belief or perception is correct; or
S 3. The opening paragraph of section 240.31 of the penal law, as
amended by chapter 49 of the laws of 2006, is amended to read as
follows:
A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person's race, color, national
origin, ancestry, gender, religion, religious practice, age, MILITARY
STATUS, VETERAN STATUS, disability or sexual orientation, regardless of
whether the belief or perception is correct, he or she:
S 4. Paragraph (b) of subdivision 1 and subdivision 2 of section
485.05 of the penal law, as added by chapter 107 of the laws of 2000,
are amended to read as follows:
(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, MILITARY STATUS, VETERAN STATUS, disability 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, MILITARY STATUS, VETERAN STATUS, disability or
sexual orientation 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.
S 5. Paragraph (b) of subdivision 4 of section 485.05 of the penal
law, as added by chapter 107 of the laws of 2000, is amended and two new
paragraphs (c) and (d) are added to read as follows:
(b) the term "disability" means a physical or mental impairment that
substantially limits a major life activity[.];
(C) THE TERM "MILITARY STATUS" MEANS A PERSON'S PARTICIPATION IN THE
MILITARY SERVICE OF THE UNITED STATES OR THE MILITARY SERVICE OF THE
STATE, INCLUDING BUT NOT LIMITED TO, THE ARMED FORCES OF THE UNITED
STATES, THE ARMY NATIONAL GUARD, THE AIR NATIONAL GUARD, THE NEW YORK
NAVAL MILITIA, THE NEW YORK GUARD, AND SUCH ADDITIONAL FORCES AS MAY BE
CREATED BY THE FEDERAL OR STATE GOVERNMENT AS AUTHORIZED BY LAW;
(D) THE TERM "VETERAN STATUS" MEANS A PERSON, MALE OR FEMALE, RESIDENT
OF THIS STATE, WHO SERVED IN THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE
OF THE UNITED STATES DURING A PERIOD OF WAR, OR WHO HAS RECEIVED A
COMPENSATION RATING FROM THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS OR FROM THE UNITED STATES DEPARTMENT OF DEFENSE BECAUSE OF A
SERVICE CONNECTED DISABILITY OR WHO HAS RECEIVED A DISABILITY PENSION OR
DISABILITY BENEFITS FROM THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS OR WHO WAS A RECIPIENT OF THE ARMED FORCES EXPEDITIONARY MEDAL,
NAVAL EXPEDITIONARY MEDAL, MARINE CORPS EXPEDITIONARY MEDAL, OR GLOBAL
WAR ON TERRORISM EXPEDITIONARY MEDAL, AND WHO HAS BEEN RELEASED FROM
SUCH SERVICE OTHERWISE THAN BY DISHONORABLE DISCHARGE.
S 6. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
procedure law, as amended by chapter 7 of the laws of 2007, is amended
to read as follows:
(c) in the case of any hate crime, as defined in section 485.05 of the
penal law, specifies, as applicable, that the defendant or defendants
intentionally selected the person against whom the offense was committed
or intended to be committed; or intentionally committed the act or acts
A. 6489 3
constituting the offense, in whole or in substantial part because of a
belief or perception regarding the race, color, national origin, ances-
try, gender, religion, religious practice, age, MILITARY STATUS, VETERAN
STATUS, disability or sexual orientation of a person; and
S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.