Senate Bill S8212

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

                                  8212

                            I N  S E N A T E

                            November 14, 2016
                               ___________

Introduced  by  Sens.  AKSHAR, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

AN ACT to amend the penal  law,  in  relation  to  designating  offenses
  against  law  enforcement officers, firefighters and emergency medical
  services personnel as hate crimes

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

  Section 1. 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  (I)  the race, color,
national origin, ancestry, gender, religion,  religious  practice,  age,
disability  or  sexual orientation of a person OR (II) BECAUSE OF ACTUAL
OR PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A  FIREFIGHTER  OR
AS  EMERGENCY  MEDICAL  SERVICES  PERSONNEL,  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
(I)  the race, color, national origin, ancestry, gender, religion, reli-
gious practice, age, disability or sexual orientation  of  a  person  OR
(II)  BECAUSE  OF  ACTUAL  OR  PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT
OFFICER, A FIREFIGHTER  OR  AS  EMERGENCY  MEDICAL  SERVICES  PERSONNEL,
regardless of whether the belief or perception is correct.
  (C) PROVIDED, HOWEVER, SUBPARAGRAPH (II) OF PARAGRAPH (A) AND SUBPARA-
GRAPH  (II)  OF  PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY WHERE
THE SPECIFIED OFFENSE IS COMMITTED BY AN INMATE IN A CORRECTIONAL FACIL-
ITY AGAINST A STATE CORRECTIONAL  OFFICER  OR  FEDERAL  LAW  ENFORCEMENT
OFFICER  OR  EMPLOYEE  WHOSE PERMANENT DUTIES INCLUDE THE CARE, CUSTODY,
CONTROL OR SUPERVISION OF INMATES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15765-02-6
              

S. 8212                             2

  2. Proof of race, color, national origin, ancestry, gender,  religion,
religious  practice, age, disability or sexual orientation OR EMPLOYMENT
AS A LAW ENFORCEMENT OFFICER, A  FIREFIGHTER  OR  AS  EMERGENCY  MEDICAL
SERVICES PERSONNEL 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.
  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[.];
  (C) THE TERM "LAW ENFORCEMENT OFFICER" MEANS  ANY  ACTIVE  OR  RETIRED
CITY  OR  STATE  LAW ENFORCEMENT OFFICER, PEACE OFFICER, SHERIFF, DEPUTY
SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL, DEPUTY, WILDLIFE ENFORCE-
MENT AGENCY, STATE CORRECTIONAL OFFICER, OR COMMISSIONED  AGENT  OF  THE
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION, AS WELL AS ANY
FEDERAL LAW ENFORCEMENT OFFICER  OR  EMPLOYEE,  WHOSE  PERMANENT  DUTIES
INCLUDE  MAKING  ARRESTS,  PERFORMING  SEARCH AND SEIZURES, EXECUTION OF
CRIMINAL ARREST WARRANTS, EXECUTION OF CIVIL SEIZURE WARRANTS, ANY CIVIL
FUNCTIONS PERFORMED BY SHERIFFS OR DEPUTY SHERIFFS, ENFORCEMENT OF PENAL
OR TRAFFIC LAWS,  OR  THE  CARE,  CUSTODY,  CONTROL  OR  SUPERVISION  OF
INMATES;
  (D)  THE  TERM  "FIREFIGHTER"  MEANS  (I)  ANY  FIREFIGHTER  REGULARLY
EMPLOYED BY A FIRE DEPARTMENT OF ANY MUNICIPALITY OF THE  STATE  OF  NEW
YORK AND (II) ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF
SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW; AND
  (E)  THE TERM "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS THE PERSON-
NEL OF A SERVICE OR  AGENCY,  WHETHER  PAID  OR  VOLUNTEER,  ENGAGED  IN
PROVIDING INITIAL EMERGENCY MEDICAL ASSISTANCE, INCLUDING BUT NOT LIMIT-
ED TO FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS AND ADVANCED EMER-
GENCY MEDICAL TECHNICIANS.
  S 2. This act shall take effect immediately.