Assembly Actions -
Senate Actions - UPPERCASE
|Jan 06, 2016||
referred to codes
|Jan 07, 2015||
referred to codes
Senate Bill S64
2015-2016 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2015-S64 (ACTIVE) - Details
2015-S64 (ACTIVE) - Sponsor Memo
BILL NUMBER: S64 TITLE OF BILL : An act to amend the criminal procedure law, in relation to enacting the Michael Sandy act PURPOSE OR GENERAL IDEA OF BILL : The goal of this bill is to prevent the defense from using the fact that the offender is the same protected category as the victim to avoid hate crime charges unless the court states it is absolutely necessary to evaluating the case. SUMMARY OF SPECIFIC PROVISIONS : Section 1 makes evidence of defendant and victim in a hate crime case sharing the same protected category inadmissible unless the court finds it to be essential to the understanding of the crime based on proof. JUSTIFICATION : Since its enactment in 2000, the hate crimes statute has enabled prosecutors to pursue perpetrators who select their victims because of the victim's real or perceived race, color, origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation or who commit offenses against their victims because of a belief or
2015-S64 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 64 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sens. HOYLMAN, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to enacting the Michael Sandy act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Michael Sandy act". S 2. The criminal procedure law is amended by adding a new section 60.77 to read as follows: S 60.77 RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE OF DEFENDANT AND VICTIM FALLING UNDER THE SAME PROTECTED CATEGORY IN HATE CRIME CASES. EVIDENCE OF DEFENDANT HAVING THE SAME RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY, SEXUAL ORIENTATION, OR OTHER CATEGORY, DEFINED IN ARTICLE FOUR HUNDRED EIGHTY- FIVE OF THE PENAL LAW, OF THE VICTIM MAY NOT BE ADMITTED IN A PROSE- CUTION FOR ANY OFFENSE, OR AN ATTEMPT TO COMMIT AN OFFENSE, DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, UNLESS SUCH EVIDENCE IS DETERMINED BY THE COURT TO BE RELEVANT AND ADMISSIBLE IN THE INTER- ESTS OF JUSTICE, AFTER AN OFFER OF PROOF BY THE PROPONENT OF SUCH EVIDENCE OUTSIDE THE HEARING OF THE JURY, OR SUCH HEARING AS THE COURT MAY REQUIRE, AND A STATEMENT BY THE COURT OF ITS FINDINGS OF FACT ESSEN- TIAL TO ITS DETERMINATION. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01378-01-5
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