S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2962
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- 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, 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  COUNTY  OR  STATE  CORRECTIONAL  OFFICER OR FEDERAL LAW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04281-03-7

 A. 2962                             2
 
 ENFORCEMENT OFFICER OR EMPLOYEE WHOSE PERMANENT DUTIES INCLUDE THE CARE,
 CUSTODY, CONTROL OR SUPERVISION OF INMATES.
   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,  COUNTY  OR  STATE  CORRECTIONAL  OFFICER, FIRE MARSHAL OR
 COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION, 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.
   § 2. This act shall take effect immediately.