NY State Senate Bill S1114A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 20, 2018	referred to codes delivered to assembly passed senate
Jan 16, 2018	advanced to third reading
Jan 09, 2018	2nd report cal.
Jan 08, 2018	1st report cal.77
Jan 03, 2018	referred to codes returned to senate died in assembly
May 09, 2017	referred to codes delivered to assembly passed senate
May 01, 2017	advanced to third reading
Apr 26, 2017	2nd report cal.
Apr 25, 2017	1st report cal.652
Jan 27, 2017	print number 1114a
Jan 27, 2017	amend and recommit to codes
Jan 06, 2017	referred to codes

Votes

view votes

Mar 20, 2018 - floor Vote

S1114A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 8, 2018 - Codes committee Vote

S1114A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 9, 2017 - floor Vote

S1114A

floor

Aye

Nay

Absent

Excused

Abstained

Apr 25, 2017 - Codes committee Vote

S1114A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S1114 - Details

See Assembly Version of this Bill:: A2962
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8212
2019-2020: S335, A5065
2021-2022: S1917
2023-2024: S5339

S1114 - Summary

Designates offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes.

S1114 - Sponsor Memo

 BILL NUMBER:  S1114

 TITLE OF BILL :  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

 PURPOSE :

To classify all offenses against first responders such as law
enforcement officers, firefighters, and emergency services personnel
as hate crimes.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivisions 1, 2, and 4 of section 485.05 of the
penal law, as added by chapter 107 of the laws of 2000.

Paragraphs (a) and (b) of section 1, states that a person has
committed a hate crime, when he or she commits a specified offense and
either intentionally selects the person against whom the offense is
committed or intended to be committed to, or in part because of a
belief or perception regarding race, color, national origin, ancestry,
gender, religion, religious practice, age, disability, sexual
orientation of a person, or because of actual or perceived employment
as a law enforcement officer, firefighter, or emergency medical
services personnel.

Part 2 of section 1 states that 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 either or
both the defendant and victim does not constitute as legally
sufficient evidence in the court of law.

Lastly, paragraphs (c), (d), and (e) provide definitions for the terms
"law enforcement officer", "firefighter", and "medical services
personnel".

Section 2 lists the effective date.

 JUSTIFICATION :

There has been an increase in mortality rates of law enforcement
officers, firefighters, corrections officers and emergency medical
services personnel, within the past decade. In a report by the
National Law Enforcement Officers Memorial Fund in 2014, statistics
showed that approximately "126 federal, state, local, tribal and
territorial officers died in the line of duty" which exhibited an
increase in comparison to 2012 and 2013. The increase in the death
toll has been in part, due to offenses intentionally aimed to harm
first responders.

In 2009, a Cape Vincent, NY volunteer Emergency Medical Technician
Mark Davis, was shot and killed by a patient whom he was trying to
help (emsl news). Just three years later, Webster, NY Police Lt. and
volunteer firefighter Mike Chiapperini and 911 Dispatcher Tomasz
Kaczowka, were killed by a gunman who ambushed the firefighters by
creating a fire at his home. Two other firefighters and one off-duty
police officer was also injured in this attack (USA Today, 2012).

In 2014, two law enforcement officers from the NYPD - Wenjian Liu and
Rafael Ramos were murdered in an ambush-styled killing while they were
sitting in their patrol car (USA Today, 2014). The offender claimed in
a social media post prior to the murder, "I'm Putting Wings on Pigs
Today." These intentional acts of harm sadly caused numerous

communities to lose loved ones whose dedicated and selfless service
was greatly appreciated.

This is a problem that reaches across the county. In July 2016 five
police officers were killed and nine were wounded in an attack in
Dallas, Texas. In Baton Rouge, Louisiana three officers were killed
and three were wounded as they were responding to a call just ten days
later. According to the National Law Enforcement Officers Memorial
Fund and the Washington Post, ambush killings of police officers have
seen a dramatic increase over previous years.

This bill designates offenses aimed at first responders specifically
because of their job as a law enforcement officers, corrections
officers, firefighters, medical service personnel, etc as a "hate
crime". This legislation intends to support and protect the men and
women who devote their lives to protecting and serving the people of
New York State.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

S1114 - Bill Text download pdf


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

                                  1114

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced by Sens. AKSHAR, GALLIVAN, GOLDEN, AVELLA, LARKIN, RITCHIE --
  read  twice  and  ordered printed, and when printed to be committed 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-

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

                                                           LBD04281-03-7

S. 1114                             2

ITY AGAINST A COUNTY  OR  STATE  CORRECTIONAL  OFFICER  OR  FEDERAL  LAW
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.

Co-Sponsors

view additional co-sponsors

S1114A (ACTIVE) - Details

See Assembly Version of this Bill:: A2962
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8212
2019-2020: S335, A5065
2021-2022: S1917
2023-2024: S5339

S1114A (ACTIVE) - Summary

Designates offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes.

S1114A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1114A

 TITLE OF BILL :

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

 PURPOSE :

To classify all offenses against first responders such as law
enforcement officers, firefighters, and emergency services personnel
as hate crimes.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivisions 1, 2, and 4 of section 485.05 of the
penal law, as added by chapter 107 of the laws of 2000.

Paragraphs (a) and (b) of section 1, states that a person has
committed a hate crime, when he or she commits a specified offense and
either intentionally selects the person against whom the offense is
committed or intended to be committed to, or in part because of a
belief or perception regarding race, color, national origin, ancestry,
gender, religion, religious practice, age, disability, sexual
orientation of a person, or because of actual or perceived employment

as a law enforcement officer, firefighter, or emergency medical
services personnel.

Part 2 of section 1 states that 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 either or
both the defendant and victim does not constitute as legally
sufficient evidence in the court of law.

Lastly, paragraphs (c), (d), and (e) provide definitions for the terms
"law enforcement officer", "firefighter", and "medical services
personnel".

Section 2 lists the effective date.

 JUSTIFICATION :

There has been an increase in mortality rates of law enforcement
officers, firefighters, corrections officers and emergency medical
services personnel, within the past decade. In a report by the
National Law Enforcement Officers Memorial Fund in 2014, statistics
showed that approximately "126 federal, state, local, tribal and
territorial officers died in the line of duty" which exhibited an
increase in comparison to 2012 and 2013. The increase in the death
toll has been in part, due to offenses intentionally aimed to harm
first responders.

In 2009, a Cape Vincent, NY volunteer Emergency Medical Technician
Mark Davis, was shot and killed by a patient whom he was trying to
help (emsl news). Just three years later, Webster, NY Police Lt. and
volunteer firefighter Mike Chiapperini and 911 Dispatcher Tomasz
Kaczowka, were killed by a gunman who ambushed the firefighters by
creating a fire at his home. Two other firefighters and one off-duty
police officer was also injured in this attack (USA Today, 2012).

In 2014, two law enforcement officers from the NYPD Wenjian Liu and
Rafael Ramos were murdered in an ambush-styled killing while they were
sitting in their patrol car (USA Today, 2014). The offender claimed in
a social media post prior to the murder, "I'm Putting Wings on Pigs
Today." These intentional acts of harm sadly caused numerous
communities to lose loved ones whose dedicated and selfless service
was greatly appreciated.

This is a problem that reaches across the county. In July 2016 five
police officers were killed and nine were wounded in an attack in
Dallas, Texas. In Baton Rouge, Louisiana three officers were killed
and three were wounded as they were responding to a call just ten days
later. According to the National Law Enforcement Officers Memorial
Fund and the Washington Post, ambush killings of police officers have
seen a dramatic increase over previous years.

This bill designates offenses aimed at first responders specifically
because of their job as a law enforcement officers, corrections
officers, firefighters, medical service personnel, etc as a "hate
crime". This legislation intends to support and protect the men and
women who devote their lives to protecting and serving the people of
New York State.

 LEGISLATIVE HISTORY :

2016: S.8212 - Referred to Rules.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

S1114A (ACTIVE) - Bill Text download pdf


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

                                 1114--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced  by  Sens.  AKSHAR,  GALLIVAN, GOLDEN, AVELLA, CROCI, HANNON,
  LARKIN, MURPHY, ORTT, RITCHIE, ROBACH -- read twice and ordered print-
  ed, and when printed to be committed to  the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04281-04-7

S. 1114--A                          2

  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.

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The New York State Senate

senate Bill S1114A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 20, 2018 - floor Vote

Floor Vote: Mar 20, 2018

Jan 8, 2018 - Codes committee Vote

Codes Committee Vote: Jan 8, 2018

May 9, 2017 - floor Vote

Floor Vote: May 9, 2017

Apr 25, 2017 - Codes committee Vote

Codes Committee Vote: Apr 25, 2017

Bill Amendments

Co-Sponsors

S1114 - Details

S1114 - Summary

S1114 - Sponsor Memo

S1114 - Bill Text download pdf

Co-Sponsors

S1114A (ACTIVE) - Details

S1114A (ACTIVE) - Summary

S1114A (ACTIVE) - Sponsor Memo

S1114A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1114A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 20, 2018 - floor Vote

Floor Vote: Mar 20, 2018

Jan 8, 2018 - Codes committee Vote

Codes Committee Vote: Jan 8, 2018

May 9, 2017 - floor Vote

Floor Vote: May 9, 2017

Apr 25, 2017 - Codes committee Vote

Codes Committee Vote: Apr 25, 2017

Bill Amendments

Co-Sponsors

S1114 - Details

S1114 - Summary

S1114 - Sponsor Memo

S1114 - Bill Text download pdf

Co-Sponsors

S1114A (ACTIVE) - Details

S1114A (ACTIVE) - Summary

S1114A (ACTIVE) - Sponsor Memo

S1114A (ACTIVE) - Bill Text download pdf

Comments