S T A T E O F N E W Y O R K
________________________________________________________________________
6343
2019-2020 Regular Sessions
I N A S S E M B L Y
March 6, 2019
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Introduced by M. of A. LALOR -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
falsely reporting a hate crime as a class E felony
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 section 240.49 to
read as follows:
§ 240.49 FALSELY REPORTING A HATE CRIME.
A PERSON IS GUILTY OF FALSELY REPORTING A HATE CRIME, AS DEFINED IN
SECTION 485.05 OF THIS CHAPTER, WHEN, KNOWING THE INFORMATION REPORTED,
CONVEYED OR CIRCULATED TO BE FALSE OR BASELESS, HE OR SHE:
1. INITIATES OR CIRCULATES A FALSE REPORT OR WARNING OF AN ALLEGED
OCCURRENCE OR IMPENDING OCCURRENCE OF A HATE CRIME UNDER CIRCUMSTANCES
IN WHICH IT IS NOT UNLIKELY THAT PUBLIC ALARM OR INCONVENIENCE WILL
RESULT; OR
2. REPORTS, BY WORD OR ACTION, TO AN OFFICIAL OR QUASI-OFFICIAL AGENCY
OR ORGANIZATION HAVING THE FUNCTION OF DEALING WITH EMERGENCIES INVOLV-
ING DANGER TO LIFE OR PROPERTY, AN ALLEGED OCCURRENCE OR IMPENDING
OCCURRENCE OF A HATE CRIME WHICH DID NOT IN FACT OCCUR OR IS NOT ABOUT
TO OCCUR; OR
3. GRATUITOUSLY REPORTS TO A LAW ENFORCEMENT OFFICER OR AGENCY: (A)
THE ALLEGED OCCURRENCE OF A HATE CRIME WHICH DID NOT IN FACT OCCUR; OR
(B) AN ALLEGEDLY IMPENDING OCCURRENCE OF A HATE CRIME WHICH IN FACT IS
NOT ABOUT TO OCCUR; OR (C) FALSE INFORMATION RELATING TO A HATE CRIME OR
TO THE ALLEGED IMPLICATION OF SOME PERSON THEREIN.
FALSELY REPORTING A HATE CRIME IS A CLASS E FELONY.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10046-01-9