Assembly Bill A5852

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5852
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2017
                                ___________
 
 Introduced by M. of A. CASTORINA, BYRNE, CROUCH, DiPIETRO, GIGLIO, GRAF,
   FINCH,  FRIEND,  LUPINACCI,  McDONOUGH,  MURRAY, ORTIZ, RAIA, WALSH --
   Multi-Sponsored by -- M. of A. LOPEZ -- read once and referred to  the
   Committee on Codes
 
 AN  ACT  to  amend  the  penal  law, in relation to designating offenses
   against law enforcement officers 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 the race, color, national
 origin, ancestry, gender, religion, religious practice, age, disability,
 OR BECAUSE OF ACTUAL OR PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT  OFFI-
 CER, 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,  age, disability, OR BECAUSE OF ACTUAL OR PERCEIVED EMPLOYMENT
 AS A LAW ENFORCEMENT OFFICER, or sexual orientation of a person, regard-
 less of whether the belief or perception is correct.
   2. Proof of race, color, national origin, ancestry, gender,  religion,
 religious  practice,  age, disability, OR BECAUSE OF ACTUAL OR PERCEIVED
 EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, or sexual  orientation  of  the
 defendant,  the victim or of both the defendant and the victim does not,
 by  itself,  constitute  legally  sufficient  evidence  satisfying   the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09286-01-7

 A. 5852                             2
 
 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; AND
   (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.
   § 2. This act shall take effect immediately.