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Assembly Bill A11173

2017-2018 Legislative Session

Relates to including immigration status as a category a person can be targeted for

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Archive: Last Bill Status - On Floor Calendar

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2017-A11173 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L

2017-A11173 (ACTIVE) - Summary

Expands the definition of hate crime to include immigration status as a category a person can be targeted for.

2017-A11173 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11173
 
                           I N  A S S E M B L Y
 
                               June 12, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Espinal) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law,  in  relation  to  including  immigration
   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. Subdivisions one and two 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 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07227-03-8

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