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Assembly Bill A10962

2019-2020 Legislative Session

Relates to rebuttable presumptions in hate crimes

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Archive: Last Bill Status - In Assembly Committee

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2019-A10962 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L
Versions Introduced in 2021-2022 Legislative Session:
A1152

2019-A10962 (ACTIVE) - Summary

Establishes that where the people can show a pattern of prior prejudice of a protected class and the offense committed by a defendant is against the same protected class, there may be a rebuttable presumption of a hate crime.

2019-A10962 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10962
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Seawright)
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to rebuttable presumptions in
   hate crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  2  of  section  485.05  of the penal law, as
 amended by chapter 8 of the laws of 2019, is amended to read as follows:
   2. (A) Proof of race, color, national origin, ancestry, gender, gender
 identity or expression, religion, religious practice, age, disability 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  people's burden under paragraph (a) or (b) of
 subdivision one of this section.
   (B) IF IT IS ESTABLISHED THAT (I) A PERSON HAS COMMITTED  A  SPECIFIED
 OFFENSE,  AS  DEFINED IN SUBDIVISION THREE OF THIS SECTION, AND (II) THE
 PEOPLE HAVE ESTABLISHED A DEFENDANT'S PATTERN OF PRIOR PREJUDICE REGARD-
 ING RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER  IDENTITY  OR
 EXPRESSION,  RELIGION,  RELIGIOUS  PRACTICE,  AGE,  DISABILITY OR SEXUAL
 ORIENTATION, AND (III) THE  OFFENSE  COMMITTED  BY  SUCH  DEFENDANT  WAS
 AGAINST  THE  SAME  PROTECTED CLASS AS THE DEFENDANT'S ESTABLISHED PRIOR
 PREJUDICE THEN THE PEOPLE  MAY  REQUEST  THE  COURT  FIND  A  REBUTTABLE
 PRESUMPTION THAT SUCH PERSON COMMITTED A HATE CRIME PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD17237-02-0

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