Assembly Bill A3417

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3417
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced by M. of A. DeSTEFANO, WALSH, BRABENEC, MILLER, DURSO, DiPIE-
   TRO,  McDONOUGH,  MORINELLO, MANKTELOW, SMITH -- Multi-Sponsored by --
   M. of A.  J. M. GIGLIO -- read once and referred to the  Committee  on
   Codes
 
 AN  ACT  to  amend  the  penal  law, in relation to designating offenses
   against law enforcement officers as hate crimes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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,  OR  BECAUSE  OF  ACTUAL  OR  PERCEIVED
 EMPLOYMENT  AS  EMERGENCY MEDICAL SERVICES PERSONNEL, A FIREFIGHTER OR A
 LAW ENFORCEMENT OFFICER, 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, OR BECAUSE OF
 ACTUAL  OR PERCEIVED EMPLOYMENT AS EMERGENCY MEDICAL SERVICES PERSONNEL,
 A FIREFIGHTER OR A LAW ENFORCEMENT OFFICER, 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,
 OR  BECAUSE  OF  ACTUAL  OR  PERCEIVED  EMPLOYMENT  AS EMERGENCY MEDICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08198-01-3
              

 A. 3417                             2
 
 SERVICES PERSONNEL, A FIREFIGHTER OR A LAW ENFORCEMENT OFFICER, or sexu-
 al 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.
   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;
   (D) THE TERM "EMERGENCY  MEDICAL  SERVICES  PERSONNEL"  MEANS  PERSONS
 TRAINED  AND  CERTIFIED  OR  LICENSED TO PROVIDE EMERGENCY MEDICAL CARE,
 WHETHER ON A PAID OR VOLUNTEER BASIS, AS PART OF A BASIC LIFE SUPPORT OR
 ADVANCED LIFE SUPPORT PRE-HOSPITAL EMERGENCY CARE SERVICE OR IN AN EMER-
 GENCY DEPARTMENT OR PEDIATRIC CRITICAL  CARE  OR  SPECIALTY  UNIT  IN  A
 LICENSED HOSPITAL;
   (E) THE TERM "FIREFIGHTER" MEANS ANY FIREFIGHTER REGULARLY EMPLOYED BY
 A FIRE DEPARTMENT OF ANY MUNICIPALITY OF THE STATE OF NEW YORK; AND
   (F)  THE  TERM  "LAW  ENFORCEMENT OFFICER" MEANS ANY ACTIVE OR RETIRED
 CITY OR STATE LAW ENFORCEMENT OFFICER, PEACE  OFFICER,  SHERIFF,  DEPUTY
 SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL, DEPUTY, WILDLIFE ENFORCE-
 MENT  AGENCY,  STATE  CORRECTIONAL OFFICER, OR COMMISSIONED AGENT OF THE
 DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,  AS  WELL  AS  ANY
 FEDERAL  LAW  ENFORCEMENT  OFFICER  OR  EMPLOYEE, WHOSE PERMANENT DUTIES
 INCLUDE MAKING ARRESTS, PERFORMING SEARCH  AND  SEIZURES,  EXECUTION  OF
 CRIMINAL ARREST WARRANTS, EXECUTION OF CIVIL SEIZURE WARRANTS, ANY CIVIL
 FUNCTIONS PERFORMED BY SHERIFFS OR DEPUTY SHERIFFS, ENFORCEMENT OF PENAL
 OR  TRAFFIC  LAWS,  OR  THE  CARE,  CUSTODY,  CONTROL  OR SUPERVISION OF
 INMATES.
   § 2. This act shall take effect immediately.