senate Bill S1148

2013-2014 Legislative Session

Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

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S1148 - Bill Details

See Assembly Version of this Bill:
A8275
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง485.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S918, A2453
2009-2010: S8032A, A9222A

S1148 - Bill Texts

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Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes; includes the definition of homelessness.

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BILL NUMBER:S1148

TITLE OF BILL:
An act
to amend the penal law, in relation to designating offenses against
homeless persons as hate crimes

PURPOSE OR GENERAL IDEA OF BILL:;
This bill would protect the homeless from the abuse and attacks often
levied against them by designating such attacks as hate crimes.

SUMMARY OF SPECIFIC PROVISIONS:
Amends subdivisions 1 and 2 of section 485.05 of the penal law as
added by chapter 107 of the laws of 2000 to include "homelessness" as
a defining category in groups legally recognized as protected under
hate crimes law. Section 2 also defines the term "homelessness" as a
set of circumstances in which a person or persons are undomiciled,
with no address, regular residence, or resides in a place not
designed for regular sleeping accommodation, a shelter, a residential
program for victims of domestic violence or in a hotel/motel on a
temporary basis.

JUSTIFICATION:;
In the summer of 2009 the National Coalition for the Homeless released
a report documenting a rise in violence against the homeless in the
past ten years. Over the last decade there have been approximately
860 attacks, and 244 of them resulted in the victim's death. These
unprovoked attacks are often perpetrated by young men with no
relation to the victim. They prey on, the homeless precisely because
they are vulnerable. These attacks have been as extreme as setting a
victim on fire, as well as videotaping attacks to post on the
Internet, only further encouraging the maltreatment of the homeless.
Designating these attacks as hate crimes emphasizes the humanity of
the homeless and challenges the misconception that these are people
who have been forgotten.

PRIOR LEGISLATIVE HISTORY:
2011-2012 - S.918/A.2453 Referred to the Senate and Assembly
Committees on Codes
2009-2010 - S.8032A/A.9222A Referred to the Senate and
Assembly Committees on Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  1148

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  BRESLIN, ADAMS, HASSELL-THOMPSON, KLEIN, KRUEGER,
  PARKER, PERKINS, STAVISKY -- read twice and ordered printed, and  when
  printed to be committed to the Committee on Codes

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
of  the  defendant,  the  victim or of both the defendant and the victim
does not, by itself, constitute legally sufficient  evidence  satisfying

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01658-01-3

S. 1148                             2

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.

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