senate Bill S7093

2013-2014 Legislative Session

Classifies gang assault in the first degree and gang assault in the second degree as hate crimes

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 10, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1267
committee discharged and committed to rules
Apr 25, 2014 referred to codes

Votes

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S7093 - Bill Details

See Assembly Version of this Bill:
A10074
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง485.05, Pen L

S7093 - Bill Texts

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Classifies gang assault in the first degree and gang assault in the second degree as hate crimes.

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BILL NUMBER:S7093

TITLE OF BILL: An act to amend the penal law, in relation to
classifying gang assault in the first degree and gang assault in the
second degree as hate crimes

PURPOSE OR GENERAL IDEA OF BILL: Adds the crime of gang assault to the
list of crimes which are prosecutable under the hate crimes law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 3 of section 485.05 of the penal law to
add sections 120.06 (gang assault in the second degree) and 120.07
(gang assault in the first degree) of the penal law to the list of
specified offenses which are included in the hate crimes law.

Section 2 establishes an immediate effective date.

JUSTIFICATION: New York State's hate crimes law enhances penalties
for crimes which are committed against individuals based wholly or
substantially upon the individual's race, color, national origin,
ancestry, gender, religion, religious practice, age, disability, or
sexual orientation. This section of law is crucial to ensuring legal
protection for vulnerable segments of our population.

On October 3rd, 2010, three Bronx men were savagely beaten, tortured,
and robbed by a group of nine young men. The group carried out the
attack because they suspected the three victims to be gay. They took
the victims back to an apartment in the Bronx, where they stripped
them of their clothes and carried out a vicious series of assaults
with various implements, including a baseball bat, a box cutter, a
plunger handle, and lit cigarettes.

On February 20th, 2014, the assailants were given sentences of varying
lengths for their crimes. The leader of the assaults was sentenced to
14 years in prison on one count of gang assault in the first degree.
However, prosecutors had initially sought to charge the leader and the
other assailants with a hate crime. Due to the fact that the charge of
gang assault is not included in New York's hate crimes law, they were
unable to elevate the assailants' sentences to a higher category and
did not pursue a hate crime charge because they would not have been
able to secure an elevated sentence.

This bill would add language including the offenses of gang assault in
the first degree and gang assault in the second degree to New York's
hate crimes law. This will ensure that any gang assaults which are
based wholly or substantially on an individual's race, color, national
origin, ancestry, gender, religion, religious practice, age,
disability, or sexual orientation can be prosecuted under the hate
crimes law and result in an elevated sentence.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediate.


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

                                  7093

                            I N  S E N A T E

                             April 25, 2014
                               ___________

Introduced  by  Sen. HOYLMAN -- 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 classifying  gang  assault
  in  the  first  degree  and  gang assault in the second degree as hate
  crimes

  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  120.06
(GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
FIRST  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  endangerment  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 subdivision 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14888-02-4

S. 7093                             2

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);  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); subdivision one, two or  four  of  section  240.30
(aggravated harassment in the second degree); or any attempt or conspir-
acy to commit any of the foregoing offenses.
  S 2. This act shall take effect immediately.

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