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Assembly Bill A1766

2017-2018 Legislative Session

Relates to including a scheme to defraud as a specified offense as a hate crime and including immigration status as a category a person can be targeted for

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Archive: Last Bill Status - In Assembly Committee

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2017-A1766 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A9222

2017-A1766 (ACTIVE) - Summary

Relates to including a scheme to defraud as a specified offense as a hate crime and including immigration status as a category a person can be targeted for.

2017-A1766 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1766
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 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:
 § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07227-01-7

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