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Senate Bill S7200

2019-2020 Legislative Session

Allows for the admission of a defendant's previous declarations or statements when the crime committed is a hate crime

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2019-S7200 (ACTIVE) - Details

See Assembly Version of this Bill:
A9539
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S124, A3687
2023-2024: A5094

2019-S7200 (ACTIVE) - Summary

Allows for the admission of a defendant's previous declarations or statements when the crime committed is a hate crime.

2019-S7200 (ACTIVE) - Sponsor Memo

2019-S7200 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7200
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to the admission
   of a defendant's previous declarations or statements  when  the  crime
   committed is a hate crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 60.77 to read as follows:
 § 60.77 RULES  OF  EVIDENCE;  PREVIOUS DECLARATIONS AND STATEMENTS; HATE
           CRIMES.
   EVIDENCE OF A DEFENDANT'S PREVIOUS DECLARATIONS OR STATEMENTS  MAY  BE
 ADMITTED  TO  SHOW THE DEFENDANT INTENTIONALLY COMMITTED THE ACT OR ACTS
 CONSTITUTING A HATE CRIME AS SET FORTH IN ARTICLE FOUR  HUNDRED  EIGHTY-
 FIVE  OF  THE  PENAL  LAW  IN  WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A
 BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, NATIONAL ORIGIN,  ANCES-
 TRY,  GENDER,  GENDER  IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRAC-
 TICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF A PERSON, SUBJECT TO  THE
 EVIDENTIARY RULES GOVERNING CRIMINAL TRIALS SET FORTH IN THIS TITLE.
   § 2. This act shall take effect on the first on 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.
                                                            LBD14719-02-0

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