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Senate Bill S124

2021-2022 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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2021-S124 (ACTIVE) - Details

See Assembly Version of this Bill:
A3687
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Add §60.77, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7200, A9539
2023-2024: A5094

2021-S124 (ACTIVE) - Summary

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

2021-S124 (ACTIVE) - Sponsor Memo

2021-S124 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    124
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. KAPLAN, GOUNARDES -- 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.
                                                            LBD01916-01-1

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