Assembly Bill A9222

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

                                  9222

                          I N  A S S E M B L Y

                            February 4, 2016
                               ___________

Introduced  by  M. of A. MOYA -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation  to  including  a  scheme  to
  defraud  as  a  specified  offense as a hate crime and including immi-
  gration status as a category a person can be targeted for

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

  Section 1. Section 485.05 of the penal law, as added by chapter 107 of
the laws of 2000, subdivision 3 as amended by chapter 405 of the laws of
2010, is amended to read as follows:
S 485.05 Hate crimes.
  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, IMMIGRATION
STATUS, age, disability 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, IMMIGRATION STATUS, age, 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, IMMIGRATION STATUS, age, disability or sexual orien-
tation  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.
  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

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

                                                           LBD13671-01-6

A. 9222                             2

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);
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 190.60 (SCHEME TO DEFRAUD IN THE SECOND  DEGREE);
SECTION  190.65  (SCHEME TO DEFRAUD 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 conspiracy to commit any of the foregoing offenses.
  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.
  S 2. This act shall take effect immediately.