S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6263--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced by M. of A. WALKER, D'URSO, GOTTFRIED, SIMON, BLAKE, ORTIZ --
   read once and referred to the Committee on Codes -- recommitted to the
   Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to amend the penal law, in relation to categorizing hate crimes
   as serious offenses in relation  to  possession  of  firearms  and  to
   repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. (a) As the New York state legislature
 found in enacting the Hate Crimes Act of 2000, "The intolerable truth is
 that in these crimes, commonly and justly referred to as 'hate  crimes',
 victims  are  intentionally  selected,  in  whole or in part, because of
 their race, color, national origin, ancestry,  gender,  religion,  reli-
 gious  practice,  age,  disability or sexual orientation. Hate crimes do
 more than threaten the safety and welfare of all citizens. They  inflict
 on  victims  incalculable  physical and emotional damage and tear at the
 very fabric of free society. Crimes motivated by invidious hatred toward
 particular groups not only harm individual victims but send  a  powerful
 message of intolerance and discrimination to all members of the group to
 which  the victim belongs. Hate crimes can and do intimidate and disrupt
 entire communities and vitiate the civility that is essential to healthy
 democratic processes."
   (b) The pernicious harm of hate crimes  on  targeted  individuals  and
 communities  is  compounded  by the use of firearms to threaten and harm
 the victims. According to one recent analysis, between  2010  and  2015,
 there  were  roughly  46,500  hate crimes committed in the United States
 that involved a gun. The threat of a gun from dangerous extremists sends
 a clear message that they not only  harbor  feelings  of  bias  or  hate
 against  a  particular  group, but also that they are willing to kill in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02177-04-0

 A. 6263--A                          2
 
 service of this ideology. Keeping guns out of the hands  of  individuals
 who perpetrate hate crimes is therefore a crucial measure to help ensure
 the safety of groups that have historically been targeted. Current state
 law  does not adequately ensure that individuals who have been convicted
 of hate crimes do not have easy access to guns.
   § 2. Paragraph (b) of subdivision 17 of section 265.00  of  the  penal
 law,  as  amended  by  section  3 of chapter 232 of the laws of 2010, is
 REPEALED.
   § 3. Paragraph (b) of subdivision 17 of section 265.00  of  the  penal
 law,  as  amended  by  section  2 of chapter 232 of the laws of 2010, is
 amended to read as follows:
   (b) any of the following offenses defined in the penal law:  illegally
 using,  carrying  or  possessing  a  pistol  or  other dangerous weapon;
 possession of burglar's tools; criminal possession of stolen property in
 the third degree; escape  in  the  third  degree;  jostling;  fraudulent
 accosting;  endangering  the welfare of a child; the offenses defined in
 article two hundred thirty-five; issuing abortional articles; permitting
 prostitution; promoting prostitution in the third  degree;  stalking  in
 the fourth degree; stalking in the third degree; the offenses defined in
 article  one hundred thirty; the offenses defined in article two hundred
 twenty; A HATE CRIME AS DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.