Senate Bill S2361A

2019-2020 Legislative Session

Categorizes hate crimes as serious offenses in relation to possession of firearms; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Jan 29, 2020	advanced to third reading
Jan 28, 2020	2nd report cal.
Jan 27, 2020	1st report cal.280
Jan 23, 2020	print number 2361a
Jan 23, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
Jan 24, 2019	referred to codes

Votes

- Jan 27, 2020 - Codes Committee Vote
  S2361A
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Jan 27, 2020
      
      aye (8)
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Gounardes
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      aye wr (4)
      
      Akshar
      
      Gallivan
      
      Lanza
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S2361 - Details

See Assembly Version of this Bill:: A6263
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Rpld §265.00 sub 17 ¶(b), amd §265.00, Pen L
Versions Introduced in 2017-2018 Legislative Session:: A7547

2019-S2361 - Summary

Categorizes hate crimes as serious offenses in relation to possession of firearms.

2019-S2361 - Sponsor Memo

                                
 
BILL NUMBER: S2361

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE:

To prohibit those convicted of hate crimes from possessing firearms.

 
SUMMARY OF PROVISIONS:

Amends section 265.00 of the penal law by adding hate crimes to the list
of "serious offenses" that can prohibit someone from possessing
firearms.

 
JUSTIFICATION:

New York has seen an alarming rise in hate crimes since the candidacy of
President Trump. In March 2017, Governor Cuomo and Mayor de Blasio stat-
ed that the number of hate crimes reported in New York City since the
beginning of 2017 was more than double the number of reported incidents
over the same period the previous year. Across the state, rates have
also increased, with the number of incidents in areas outside of New
York City reported in November and December of 2016 doubled when
compared to 2015.

Hate crime convictions indicate the perpetrator has targeted a victim or
community because of the offender's bias(es) against a race, religion,
disability, sexual orientation, ethnicity, gender, or gender identity.
Such a history of targeted violence or intimidation suggests they could
pose broader dangers to those communities and others. According to the
Center for American Progress, states such as Minnesota, Oregon, and New
Jersey already bar individuals convicted of misdemeanor hate crimes from
buying and possessing guns. Allowing those who commit and are convicted
of hate crimes to possess guns only gives them a fatal tool to spread
their hate.

 
LEGISLATIVE HISTORY:

2018: S7072/A7547 - REFERRED TO CODES/ referred to codes
2017: A7547 - referred to codes

 
FISCAL IMPACT ON THE STATE:

None

 
EFFECTIVE DATE:
Shall take effect on the first of November next succeeding the date on
which it shall have become law.

2019-S2361 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2361
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sens. KAVANAGH, COMRIE -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02177-01-9

 S. 2361                             2
 
 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; THE OFFENSES 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.

co-Sponsors

2019-S2361A (ACTIVE) - Details

See Assembly Version of this Bill:: A6263
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Rpld §265.00 sub 17 ¶(b), amd §265.00, Pen L
Versions Introduced in 2017-2018 Legislative Session:: A7547

2019-S2361A (ACTIVE) - Summary

Categorizes hate crimes as serious offenses in relation to possession of firearms.

2019-S2361A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2361A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE:

To prohibit those convicted of hate crimes from possessing firearms.

 
SUMMARY OF PROVISIONS:

Amends section 265.00 of the penal law by adding hate crimes to the list
of "serious offenses" that can prohibit someone from possessing
firearms.

 
JUSTIFICATION:

New York has seen an alarming rise in hate crimes since the candidacy of
President Trump. In March 2017, Governor Cuomo and Mayor de Blasio stat-
ed that the number of hate crimes reported in New York City since the
beginning of 2017 was more than double the number of reported incidents
over the same period the previous year. Across the state, rates have
also increased, with the number of incidents in areas outside of New
York City reported in November and December of 2016 doubled when
compared to 2015.

Hate crime convictions indicate the perpetrator has targeted a victim or
community because of the offender's bias(es) against a race, religion,
disability, sexual orientation, ethnicity, gender, or gender identity.
Such a history of targeted violence or intimidation suggests they could
pose broader dangers to those communities and others. According to the
Center for American Progress, states such as Minnesota, Oregon, and New
Jersey already bar individuals convicted of misdemeanor hate crimes from
buying and possessing guns. Allowing those who commit and are convicted
of hate crimes to possess guns only gives them a fatal tool to spread
their hate.

 
LEGISLATIVE HISTORY:

2018: S7072/A7547 - REFERRED TO CODES/ referred to codes

2017: A7547 - referred to codes

 
FISCAL IMPACT ON THE STATE:

None

 
EFFECTIVE DATE:
Shall take effect on the first of November next succeeding the date on
which it shall have become law.

2019-S2361A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2361--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced by Sens. KAVANAGH, CARLUCCI, COMRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   recommitted  to  the Committee on Codes in accordance with Senate Rule
   6, sec. 8 -- 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.

                                                            LBD02177-03-0

 S. 2361--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.

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Senate Bill S2361A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Jan 27, 2020 - Codes Committee Vote

Codes Committee Vote: Jan 27, 2020

Bill Amendments

co-Sponsors

2019-S2361 - Details

2019-S2361 - Summary

2019-S2361 - Sponsor Memo

2019-S2361 - Bill Text download pdf

co-Sponsors

2019-S2361A (ACTIVE) - Details

2019-S2361A (ACTIVE) - Summary

2019-S2361A (ACTIVE) - Sponsor Memo

2019-S2361A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S2361A

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

co-Sponsors

David Carlucci

Leroy Comrie

2019-S2361 - Details

2019-S2361 - Summary

2019-S2361 - Sponsor Memo

2019-S2361 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

David Carlucci

Leroy Comrie

Anna M. Kaplan

2019-S2361A (ACTIVE) - Details

2019-S2361A (ACTIVE) - Summary

2019-S2361A (ACTIVE) - Sponsor Memo

2019-S2361A (ACTIVE) - Bill Text download pdf

Comments