Assembly Bill A10979

2019-2020 Legislative Session

Relates to 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

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2019-A10979 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§485.05 & 485.10, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A6514
2023-2024: A4413

2019-A10979 (ACTIVE) - Summary

Creates a rebuttable presumption of evidence and prima facie case; increases incarceration sentence; provides for mandatory hate crime prevention program, training or counseling; and requires the court to impose a monetary fine for the cost of prosecution.

2019-A10979 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10979
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Dickens) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to 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. 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] CREATES A REBUTTABLE PRESUMPTION  OF  EVIDENCE  AND
 PRIMA  FACIE  CASE  SUFFICIENT  TO SATISFY the people's burden UPON SUCH
 ELEMENT OF THE CRIME, ANIMUS, under paragraph (a) or (b) of  subdivision
 one of this section.
   § 2. Subdivisions 3 and 4 of section 485.10 of the penal law, as added
 by chapter 107 of the laws of 2000, are amended to read as follows:
   3.  Notwithstanding  any  other  provision  of  law,  when a person is
 convicted of a hate crime pursuant to this  article  and  the  specified
 offense is a class B felony:
   (a)  the  maximum  term of the indeterminate sentence must be at least
 [six] TEN years if the defendant is sentenced pursuant to section  70.00
 of this chapter;
   (b)  the term of the determinate sentence must be at least [eight] TEN
 years if the defendant is sentenced pursuant to section  70.02  of  this
 chapter;
   (c)  the  term  of  the determinate sentence must be at least [twelve]
 FIFTEEN years if the defendant is sentenced pursuant to section 70.04 of
 this chapter;
   (d) the maximum term of the indeterminate sentence must  be  at  least
 [four] SIX years if the defendant is sentenced pursuant to section 70.05
 of this chapter; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16591-02-0
              

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