Assembly Bill A298

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    298
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal  law,  in  relation  to  designating  offenses
   against homeless persons as hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "homeless protection act".
   §  2.  Subdivisions  1, 2 and 4 of section 485.05 of the penal law, as
 amended by chapter 8 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   1.  A  person  commits a hate crime when he or she commits a specified
 offense and either:
   (a) intentionally selects the  person  against  whom  the  offense  is
 committed  or  intended  to be committed in whole or in substantial part
 because of a belief or perception regarding the  race,  color,  national
 origin, ancestry, gender, gender identity or expression, religion, reli-
 gious  practice, age, disability, HOMELESSNESS, or sexual orientation of
 a person, regardless of whether the belief or perception is correct, or
   (b) intentionally commits the act or acts constituting the offense  in
 whole or in substantial part because of a belief or perception regarding
 the  race,  color, national origin, ancestry, gender, gender identity or
 expression, religion, religious practice, age, disability, HOMELESSNESS,
 or sexual orientation of a person, regardless of whether the  belief  or
 perception is correct.
   2.  Proof  of  race,  color, national origin, ancestry, gender, gender
 identity or expression, religion, religious practice,  age,  disability,
 HOMELESSNESS,  or  sexual orientation of the defendant, the victim or of
 both the defendant and the victim does not, by itself, constitute legal-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00426-01-1

 A. 298                              2
 
 ly sufficient evidence satisfying the people's  burden  under  paragraph
 (a) or (b) of subdivision one of this section.
   4. For purposes of this section:
   (a) the term "age" means sixty years old or more;
   (b)  the  term "disability" means a physical or mental impairment that
 substantially limits a major life activity;
   (c) the term "gender identity or expression" means a  person's  actual
 or  perceived gender-related identity, appearance, behavior, expression,
 or other gender-related characteristic regardless of the sex assigned to
 that person at birth, including, but not limited to, the status of being
 transgender[.]; AND
   (D) THE TERM "HOMELESSNESS" MEANS THE SET OF CIRCUMSTANCES IN WHICH AN
 INDIVIDUAL OR FAMILY IS UNDOMICILED, HAS NO FIXED ADDRESS, LACKS A FIXED
 REGULAR NIGHTTIME RESIDENCE, RESIDES IN A  PLACE  NOT  DESIGNED  FOR  OR
 ORDINARILY  USED  AS  A  REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS
 (SUCH AS A HALLWAY, BUS STATION, LOBBY OR SIMILAR PLACE), RESIDES  IN  A
 HOMELESS SHELTER, RESIDES IN A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMES-
 TIC VIOLENCE, OR RESIDES IN A HOTEL/MOTEL ON A TEMPORARY BASIS.
   § 3. This act shall take effect immediately.