S T A T E O F N E W Y O R K
________________________________________________________________________
3085
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. SIMON, JACKSON -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to presumptive evidence that
a person committed a hate crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 485.05 of the penal law, as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
2. (A) Proof of race, color, national origin, ancestry, gender, gender
identity or expression, religion, religious practice, age, disability or
sexual orientation of the defendant, the victim or of both the defendant
and the victim does not, by itself, constitute legally sufficient
evidence satisfying the people's burden under paragraph (a) or (b) of
subdivision one of this section.
(B) IF IT IS ESTABLISHED THAT A PERSON COMMITTED A SPECIFIED OFFENSE
AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, THE FOLLOWING FACTS AND
CIRCUMSTANCES, EITHER INDIVIDUALLY OR IN COMBINATION WITH EACH OTHER, IS
PRESUMPTIVE EVIDENCE THAT SUCH PERSON COMMITTED A HATE CRIME PURSUANT TO
SUBDIVISION ONE OF THIS SECTION:
(I) THE DEFENDANT MADE DECLARATIONS OR STATEMENTS CONTEMPORANEOUSLY
WITH COMMITTING THE SPECIFIED OFFENSE REGARDING THE RACE, COLOR,
NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI-
GION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF A
PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT;
(II) THE PEOPLE HAVE ESTABLISHED THE DEFENDANT'S PATTERN OF PRIOR
PREJUDICE REGARDING RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER,
GENDER IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE, DISA-
BILITY OR SEXUAL ORIENTATION, AND THE OFFENSE COMMITTED BY SUCH DEFEND-
ANT WAS AGAINST THE SAME PROTECTED CLASS AS THE DEFENDANT'S ESTABLISHED
PRIOR PREJUDICE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02991-01-3
A. 3085 2
(III) THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED IS A MEMBER OF
A PERCEIVED GROUP THAT WAS OUTNUMBERED BY MEMBERS OF ANOTHER GROUP IN
THE AREA WHERE THE OFFENSE WAS COMMITTED; OR
(IV) THE PEOPLE HAVE ESTABLISHED THAT THE DEFENDANT MADE BIAS-RELATED
DRAWINGS, MARKINGS, SYMBOLS OR GRAFFITI AT OR NEAR WHERE THE OFFENSE WAS
COMMITTED.
§ 2. This act shall take effect immediately.