NY State Senate Bill 2021-S7281

Senate Bill S7281

2021-2022 Legislative Session

Includes acts designated as hate crimes to the definition of designated offense for purposes of eavesdropping and video surveillance warrants

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jul 09, 2021	referred to rules

2021-S7281 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §700.05, CP L

2021-S7281 (ACTIVE) - Summary

Includes acts designated as hate crimes to the definition of designated offense for purposes of eavesdropping and video surveillance warrants.

2021-S7281 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7281

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to including
acts designated as hate crimes to the definition of designated offense
for purposes of eavesdropping and video surveillance warrants

 
PURPOSE:

Classifies all hate crimes as designated offenses for the purposes of
eavesdropping and video surveillance warrants.

 
SUMMARY OF PROVISIONS:

Section 1 adds all hate crimes as designated offenses for eavesdropping
and video surveillance warrants.

Section 2 sets the effective date.

 
JUSTIFICATION:

With hate crimes on the rise, law enforcement officials need every tool
available to deter organized and planned criminal activity in further-
ance of hate. Indeed, in New York City alone, the NYPD's Hate Crimes
Task Force recorded 180 hate crimes from January 1 through May 2 of this
year, which represents an increase of 73% compared to the same period in
2020. This number was largely due to the increase in crimes against
Asian Americans - up from 28 in 2020 to a total of 80 incidents in the
first half of 2021. Anti-Semitic incidents also continue to rise, and
remained at historic highs in 2020, with 2,024 such cases reported
across the nation, according to the Anti-Defamation League (ADL). New
York led the country in anti-Semitic attacks last year, with a total of
336. Wiretaps and video surveillance warrants are powerful tools to
disrupt criminal activity. By effectively using these resources, hate
crimes can be stopped before they are perpetrated, and efforts by groups
to commit acts of intolerance can be thwarted.

It is imperative that our law treats hate crimes with the seriousness
they demand, and that the Legislature provides law enforcement officials
and prosecutors with the wherewithal to tackle hate crimes and ensure
public safety. The New York State Bar Association's Task Force on Domes-
tic Terrorism and Hate Crimes recommended legislation adding hate crimes
to the list of designated offenses for which law enforcement can apply
for an eavesdropping or video surveillance warrant.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:  None.

 
EFFECTIVE DATE:
Immediately.

2021-S7281 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7281
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 9, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law,  in  relation  to  including
   acts designated as hate crimes to the definition of designated offense
   for purposes of eavesdropping and video surveillance warrants

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 8 of section 700.05 of the  criminal  procedure
 law is amended by adding a new paragraph (w) to read as follows:
   (W)  ANY  OF THE ACTS DESIGNATED AS A HATE CRIME AS DEFINED IN SECTION
 485.05 OF THE PENAL LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11860-01-1

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