assembly Bill A1865

2017-2018 Legislative Session

Enacts the Michael Sandy Act, providing that evidence of a defendant and victim having the same protected category is inadmissible in hate crime cases

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 13, 2017 referred to codes

Co-Sponsors

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A1865 (ACTIVE) - Details

See Senate Version of this Bill:
S281
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7549, S6370
2015-2016: A4730, S64
2019-2020: S1484

A1865 (ACTIVE) - Summary

Enacts the Michael Sandy Act, providing that evidence of a defendant and victim having the same protected category is inadmissible in hate crime cases unless determined relevant by the court.

A1865 (ACTIVE) - Bill Text download pdf


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

                                  1865

                       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 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".
  §  2.  The  criminal  procedure law is amended by adding a new section
60.77 to read as follows:
§ 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.
  § 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05184-01-7