Assembly Bill A4059

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4059
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to bias related crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a  new  article  491  to
 read as follows:
                                ARTICLE 491
                            BIAS RELATED CRIMES
 SECTION 491.00 BIAS RELATED CRIME.
 § 491.00 BIAS RELATED CRIME.
   1.  AS USED IN THIS SECTION, THE TERM "DESIGNATED OFFENSE" SHALL MEAN:
 ASSAULT IN THE THIRD DEGREE PURSUANT TO SECTION 120.00; ASSAULT  IN  THE
 SECOND  DEGREE  PURSUANT  TO SECTION 120.05; ASSAULT IN THE FIRST DEGREE
 PURSUANT TO SECTION 120.10; MANSLAUGHTER IN THE SECOND  DEGREE  PURSUANT
 TO  SECTION 125.15; MANSLAUGHTER IN THE FIRST DEGREE PURSUANT TO SECTION
 125.20; MURDER IN THE SECOND DEGREE PURSUANT TO SECTION 125.25; RAPE  IN
 THE  THIRD  DEGREE PURSUANT TO SECTION 130.25; RAPE IN THE SECOND DEGREE
 PURSUANT TO SECTION 130.30; RAPE IN THE FIRST DEGREE PURSUANT TO SECTION
 130.35; ARSON IN THE THIRD DEGREE PURSUANT TO SECTION 150.10;  ARSON  IN
 THE  SECOND DEGREE PURSUANT TO SECTION 150.15; ARSON IN THE FIRST DEGREE
 PURSUANT TO SECTION 150.20; ROBBERY IN  THE  THIRD  DEGREE  PURSUANT  TO
 SECTION 160.05; ROBBERY IN THE SECOND DEGREE PURSUANT TO SECTION 160.10;
 ROBBERY  IN THE FIRST DEGREE PURSUANT TO SECTION 160.15; BURGLARY IN THE
 THIRD DEGREE PURSUANT TO SECTION 140.20; BURGLARY IN THE  SECOND  DEGREE
 PURSUANT  TO  SECTION  140.25;  BURGLARY IN THE FIRST DEGREE PURSUANT TO
 SECTION 140.30; CRIMINAL  TRESPASS  IN  THE  THIRD  DEGREE  PURSUANT  TO
 SECTION  140.10;  CRIMINAL  TRESPASS  IN  THE  SECOND DEGREE PURSUANT TO
 SECTION 140.15; CRIMINAL  TRESPASS  IN  THE  FIRST  DEGREE  PURSUANT  TO
 SECTION  140.17;  CRIMINAL  MISCHIEF  IN  THE  THIRD  DEGREE PURSUANT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08092-01-9

 A. 4059                             2
 
 SECTION 145.05; CRIMINAL MISCHIEF  IN  THE  FOURTH  DEGREE  PURSUANT  TO
 SECTION  145.00;  CRIMINAL  MISCHIEF  IN  THE  SECOND DEGREE PURSUANT TO
 SECTION 145.10; CRIMINAL  MISCHIEF  IN  THE  FIRST  DEGREE  PURSUANT  TO
 SECTION  145.12;  UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE PURSUANT TO
 SECTION 135.05; UNLAWFUL IMPRISONMENT IN THE FIRST  DEGREE  PURSUANT  TO
 SECTION  135.10;  KIDNAPPING  IN  THE  SECOND DEGREE PURSUANT TO SECTION
 135.20; KIDNAPPING IN THE FIRST DEGREE PURSUANT TO SECTION 135.25;  RIOT
 IN  THE  SECOND  DEGREE  PURSUANT  TO  SECTION 240.05; RIOT IN THE FIRST
 DEGREE PURSUANT TO SECTION 240.06; AND  INCITING  TO  RIOT  PURSUANT  TO
 SECTION 240.08 OF THIS CHAPTER.
   2. A PERSON IS GUILTY OF BIAS RELATED CRIME WHEN HE OR SHE HAS COMMIT-
 TED  A  DESIGNATED  OFFENSE  THAT  DEMONSTRATES A PREJUDICE BASED ON THE
 ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, NATIONAL ORIGIN, AGE, ETHNIC-
 ITY, DISABILITY, GENDER OR SEXUAL ORIENTATION  OF  THE  VICTIM  OF  SUCH
 DESIGNATED OFFENSE.
   BIAS  RELATED  CRIME  IS A CLASSIFICATION OF FELONY OR MISDEMEANOR ONE
 DEGREE HIGHER THAN THE UNDERLYING OFFENSE.
   § 2. Subdivision 2 of section 720.10 of the criminal procedure law, as
 amended by chapter 416 of the laws of 1986 and paragraph (a) as  amended
 by chapter 316 of the laws of 2006, is amended to read as follows:
   2. "Eligible youth" means a youth who is eligible to be found a youth-
 ful offender. Every youth is so eligible unless:
   (a)  the  conviction  to be replaced by a youthful offender finding is
 for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
 defined in subdivision forty-one of section 1.20 OF THIS CHAPTER, except
 as  provided  in subdivision three OF THIS SECTION, or (iii) rape in the
 first degree, criminal sexual act in the  first  degree,  or  aggravated
 sexual  abuse,  except as provided in subdivision three OF THIS SECTION,
 or (IV) A BIAS RELATED CRIME AS DEFINED IN SUBDIVISION  TWO  OF  SECTION
 491.00 OF THE PENAL LAW, OR
   (b) such youth has previously been convicted and sentenced for a felo-
 ny, or
   (c)    such  youth has previously been adjudicated a youthful offender
 following conviction of a felony or has been  adjudicated  on  or  after
 September  first,  nineteen  hundred seventy-eight a juvenile delinquent
 who committed a designated felony act as defined  in  the  family  court
 act.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.