Assembly Bill A10979

                            
 
                     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
              

 A. 10979                            2
 
   (e)  the maximum term of the indeterminate sentence or the term of the
 determinate sentence must be at least [ten] FIFTEEN years if the defend-
 ant is sentenced pursuant to section 70.06 of this chapter.
   4.  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 A-1 felony, the minimum period of the indeterminate
 sentence shall be not less than [twenty] TWENTY-FIVE years.
   § 3. Subdivision 5 of section 485.10 of the penal  law,  as  added  by
 chapter 158 of the laws of 2010, is amended to read as follows:
   5.  In addition to any of the dispositions authorized by this chapter,
 the court [may] SHALL require as part of the  sentence  imposed  upon  a
 person  convicted  of  a  hate  crime pursuant to this article, that the
 defendant complete a program, training  session  or  counseling  session
 directed  at hate crime prevention and education, where the court deter-
 mines such program, training session or counseling session is  appropri-
 ate,  available  and  was  developed or authorized by the court or local
 agencies in cooperation with organizations serving the affected communi-
 ty.
   § 4. Section 485.10 of the penal law is amended by adding a new subdi-
 vision 6 to read as follows:
   6. THE COURT SHALL IMPOSE A MONETARY FINE THAT  EQUATES  THE  COST  OF
 PROSECUTION.
   § 5. This act shall take effect July 1, 2020.