Assembly Bill A10962

2019-2020 Legislative Session

Relates to rebuttable presumptions in hate crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.