Senate Bill S228

2019-2020 Legislative Session

Classifies gang assault in the first degree and gang assault in the second degree as hate crimes

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Archive: Last Bill Status - In Senate Committee Codes 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S228 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7093
2015-2016: S497
2017-2018: S115

2019-S228 (ACTIVE) - Summary

Classifies gang assault in the first degree and gang assault in the second degree as hate crimes.

2019-S228 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S228

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to classifying gang assault
in the first degree and gang assault in the second degree as hate crimes

 
PURPOSE OR GENERAL IDEA OF BILL:

Adds the crime of gang assault to the list of crimes which are prosecut-
able under the hate crimes law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 3 of section 485.05 of the penal law to add
sections 120.06 (gang assault in the second degree) and 120.07 (gang
assault in the first degree) of the penal law to the list of specified
offenses which are included in the hate crimes law.

Section 2 establishes an immediate effective date.

 
JUSTIFICATION:

New York State's hate crimes law enhances penalties for crimes which are
committed against individuals based wholly or substantially upon the
individual's race, color, national origin, ancestry, gender, religion,
religious practice, age, disability, or sexual orientation.  This
section of law is crucial to ensuring legal protection for vulnerable
segments of our population.

On October 3rd, 2010, three Bronx men were savagely beaten, tortured,
and robbed by a group of nine young men. The group carried out the
attack because they suspected the three victims to be gay. They took the
victims back to an apartment in the Bronx, where they stripped them of
their clothes and carried out a vicious series of assaults with various
implements, including a baseball bat, a box cutter, a plunger handle,
and lit cigarettes.

On February 20th, 2014, the assailants were given sentences of varying
lengths for their crimes. The leader of the assaults was sentenced to 14
years in prison on one count of gang assault in the first degree.
However, prosecutors had initially sought to charge the leader and the
other assailants with a hate crime. Due to the fact that the charge of
gang assault is not included in New York's hate crimes law, they were
unable to elevate the assailants' sentences to a higher category and did
not pursue a hate crime charge because they would not have been able to
secure an elevated sentence.

This bill would add language including the offenses of gang assault in
the first degree and gang assault in the second degree to New York's
hate crimes law. This will ensure that any gang assaults which are based
wholly or substantially on an individual's race, color, national origin,
ancestry, gender, religion, religious practice, age, disability, or
sexual orientation can be prosecuted under the hate crimes law and
result in an elevated sentence.

 
PRIOR LEGISLATIVE HISTORY:

S.0115 of 2017-2018 (Hoylman): Died in Codes
S.497 of 2015-2016 (Hoylman): Passed Senate (2015)/Died in Codes (2016)
S.7093 of 2014 (Hoylman): Passed Senate
A.10074 of 2014 (O'Donnell): Died in Codes

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediate.

2019-S228 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    228
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to classifying  gang  assault
   in  the  first  degree  and  gang assault in the second degree as hate
   crimes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section  485.05  of the penal law, as
 amended by section 9 of part NN of chapter 55 of the laws  of  2018,  is
 amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  SECTION  120.06
 (GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
 FIRST  DEGREE);  section  120.10  (assault in the first degree); section
 120.12 (aggravated assault upon a person less than  eleven  years  old);
 section  120.13 (menacing in the first degree); section 120.14 (menacing
 in the second degree); section 120.15 (menacing in  the  third  degree);
 section  120.20  (reckless  endangerment  in the second degree); section
 120.25 (reckless endangerment  in  the  first  degree);  section  121.12
 (strangulation  in  the second degree); section 121.13 (strangulation in
 the first degree); subdivision one of section  125.15  (manslaughter  in
 the  second  degree);  subdivision  one,  two  or four of section 125.20
 (manslaughter in the first degree); section 125.25 (murder in the second
 degree); section 120.45 (stalking in the fourth degree); section  120.50
 (stalking  in  the third degree); section 120.55 (stalking in the second
 degree); section 120.60 (stalking in the first degree); subdivision  one
 of section 130.35 (rape in the first degree); subdivision one of section
 130.50  (criminal  sexual  act  in the first degree); subdivision one of
 section 130.65 (sexual abuse in the  first  degree);  paragraph  (a)  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05446-01-9

 S. 228                              2
 
 subdivision one of section 130.67 (aggravated sexual abuse in the second
 degree);  paragraph (a) of subdivision one of section 130.70 (aggravated
 sexual abuse in the first degree); section 135.05 (unlawful imprisonment
 in  the  second  degree);  section  135.10 (unlawful imprisonment in the
 first degree); section 135.20 (kidnapping in the second degree); section
 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
 third degree); section 135.61 (coercion in the second  degree);  section
 135.65 (coercion in the first degree); section 140.10 (criminal trespass
 in  the  third  degree); section 140.15 (criminal trespass in the second
 degree); section 140.17 (criminal trespass in the first degree); section
 140.20 (burglary in the third degree); section 140.25 (burglary  in  the
 second  degree);  section 140.30 (burglary in the first degree); section
 145.00 (criminal mischief in the fourth degree); section 145.05  (crimi-
 nal  mischief in the third degree); section 145.10 (criminal mischief in
 the second degree); section  145.12  (criminal  mischief  in  the  first
 degree);  section  150.05  (arson  in the fourth degree); section 150.10
 (arson in the  third  degree);  section  150.15  (arson  in  the  second
 degree);  section  150.20  (arson  in  the first degree); section 155.25
 (petit larceny); section 155.30 (grand larceny in  the  fourth  degree);
 section  155.35  (grand  larceny  in  the  third degree); section 155.40
 (grand larceny in the second degree); section 155.42 (grand  larceny  in
 the first degree); section 160.05 (robbery in the third degree); section
 160.10  (robbery  in  the second degree); section 160.15 (robbery in the
 first degree); section 240.25 (harassment in the first degree); subdivi-
 sion one, two or four of section 240.30 (aggravated  harassment  in  the
 second  degree); or any attempt or conspiracy to commit any of the fore-
 going offenses.
   § 2. This act shall take effect immediately.

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Senate Bill S228

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2019-S228 (ACTIVE) - Details

2019-S228 (ACTIVE) - Summary

2019-S228 (ACTIVE) - Sponsor Memo

2019-S228 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2019-S228 (ACTIVE) - Details

2019-S228 (ACTIVE) - Summary

2019-S228 (ACTIVE) - Sponsor Memo

2019-S228 (ACTIVE) - Bill Text download pdf

Comments