senate Bill S6315

2013-2014 Legislative Session

Includes aggravated harassment in the first degree under a specified offense

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2014 referred to codes

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S6315 - Bill Details

See Assembly Version of this Bill:
A8609
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง485.05, Pen L

S6315 - Bill Texts

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Includes aggravated harassment in the first degree under a specified offense.

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BILL NUMBER:S6315

TITLE OF BILL: An act to amend the penal law, in relation to a
specified offense

PURPOSE OF BILL:

The purpose of this bill is to include aggravated harassment in the
first degree as a specified offense within the context of hate crimes.

SUMMARY OF PROVISIONS:

Section One amends subdivision three of section 485.05 of the penal
law, pertaining to hate crimes, by adding the crime of aggravated
harassment in the first degree to the list of specified offenses for
which a hate crime categorization would apply.

Section Two is the effective date.

JUSTIFICATION:

Pursuant to the penal law, a hate crime is committed when a defendant
commits a specified offense and either intentionally selects their
victim or commits a criminal act because of a belief or perception
regarding their race, color, national origin, ancestry, gender,
religion, religious practice, age, disability or sexual orientation. A
crime committed under these circumstances is considered a hate crime
under the law regardless of whether the belief or perception is
correct. A person convicted of a specified offense, who is found to
have committed such offense for one of the foregoing reasons, is
subject to harsher criminal penalties under the law and specific
sentencing/release guidelines.

Aggravated harassment in the first degree is defined as damaging a
premises primarily used for religious purposes, multiple convictions
of penal law section 240.30(3), etching, painting, drawing or
otherwise placing a swastika or noose on the property of another, or
setting a cross on fire in public view, with the 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, disability or
sexual orientation. While aggravated harassment crimes are committed
for the same spiteful reasons that other classified hate crimes are
committed, resources and remedies specifically allocated to deter hate
crimes and rehabilitate or punish hate crime offenders are not
available in instances of these criminal acts for the mere fact that
it is not categorized as a specific offense.

FISCAL IMPLICATIONS:

None to the state.

PRIOR LEGISLATIVE HISTORY:

New bill.

EFFECTIVE DATE:


This act shall take effect on the thirtieth day after it shall have
become law.

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

                                  6315

                            I N  S E N A T E

                            January 14, 2014
                               ___________

Introduced  by  Sens.  ZELDIN,  MAZIARZ,  RANZENHOFER  -- 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 a specified offense

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

  Section 1. Subdivision 3 of  section  485.05  of  the  penal  law,  as
amended  by  chapter  405  of  the  laws  of 2010, is amended to read as
follows:
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  section  120.00  (assault  in  the  third
degree);  section  120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old);  section  120.13  (menacing  in  the
first  degree);  section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20  (reckless  endan-
germent  in the second degree); section 120.25 (reckless endangerment in
the first degree); section 121.12 (strangulation in the second  degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the second degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); subdivision one of section  130.35  (rape  in  the  first
degree);  subdivision  one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual  abuse  in  the
first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
vision  one  of  section  130.70  (aggravated  sexual abuse in the first
degree); section 135.05 (unlawful imprisonment in  the  second  degree);
section  135.10  (unlawful  imprisonment  in  the first degree); section
135.20 (kidnapping in the second degree); section 135.25 (kidnapping  in
the  first  degree);  section  135.60  (coercion  in the second degree);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11785-01-3

S. 6315                             2

section 135.65 (coercion in the first degree); section 140.10  (criminal
trespass  in the third degree); section 140.15 (criminal trespass in the
second degree); section 140.17 (criminal trespass in the first  degree);
section  140.20 (burglary in the third degree); section 140.25 (burglary
in the second degree); section 140.30 (burglary in  the  first  degree);
section  145.00 (criminal mischief in the fourth degree); section 145.05
(criminal mischief  in  the  third  degree);  section  145.10  (criminal
mischief in the second degree); section 145.12 (criminal mischief in the
first  degree);  section  150.05  (arson  in the fourth degree); section
150.10 (arson in the third degree); section 150.15 (arson in the  second
degree);  section  150.20  (arson  in  the first degree); section 155.25
(petit larceny); section 155.30 (grand larceny in  the  fourth  degree);
section  155.35  (grand  larceny  in  the  third degree); section 155.40
(grand larceny in the second degree); section 155.42 (grand  larceny  in
the first degree); section 160.05 (robbery in the third degree); section
160.10  (robbery  in  the second degree); section 160.15 (robbery in the
first degree); section 240.25 (harassment in the first degree); subdivi-
sion one, two or four of section 240.30 (aggravated  harassment  in  the
second  degree);  SECTION  240.31  (AGGRAVATED  HARASSMENT  IN THE FIRST
DEGREE); or any attempt or conspiracy to commit  any  of  the  foregoing
offenses.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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