|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to codes|
|Jan 15, 2019||referred to codes|
senate Bill S1484
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1484 (ACTIVE) - Details
S1484 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1484 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the criminal procedure law, in relation to enacting the Michael Sandy act PURPOSE OR GENERAL IDEA OF BILL: The goal of this bill is to prevent the defense from using the fact that the offender is the same protected category as the victim to avoid hate crime charges unless the court states it is absolutely necessary to evaluating the case. SUMMARY OF SPECIFIC PROVISIONS: Section 1 makes evidence of defendant and victim in a hate crime case sharing the same protected category inadmissible unless the court finds it to be essential to the understanding of the crime based on proof.
S1484 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1484 2019-2020 Regular Sessions I N S E N A T E January 15, 2019 ___________ Introduced by Sens. HOYLMAN, SERRANO -- 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 enacting the Michael Sandy act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Michael Sandy act". § 2. The criminal procedure law is amended by adding a new section 60.77 to read as follows: § 60.77 RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE OF DEFENDANT AND VICTIM FALLING UNDER THE SAME PROTECTED CATEGORY IN HATE CRIME CASES. EVIDENCE OF DEFENDANT HAVING THE SAME RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY, SEXUAL ORIENTATION, OR OTHER CATEGORY, DEFINED IN ARTICLE FOUR HUNDRED EIGHTY- FIVE OF THE PENAL LAW, OF THE VICTIM MAY NOT BE ADMITTED IN A PROSE- CUTION FOR ANY OFFENSE, OR AN ATTEMPT TO COMMIT AN OFFENSE, DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW, UNLESS SUCH EVIDENCE IS DETERMINED BY THE COURT TO BE RELEVANT AND ADMISSIBLE IN THE INTER- ESTS OF JUSTICE, AFTER AN OFFER OF PROOF BY THE PROPONENT OF SUCH EVIDENCE OUTSIDE THE HEARING OF THE JURY, OR SUCH HEARING AS THE COURT MAY REQUIRE, AND A STATEMENT BY THE COURT OF ITS FINDINGS OF FACT ESSEN- TIAL TO ITS DETERMINATION. § 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07340-01-9
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