S T A T E O F N E W Y O R K
________________________________________________________________________
6086
2023-2024 Regular Sessions
I N A S S E M B L Y
April 3, 2023
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to increasing the classifica-
tion of misdemeanor hate crime offenses to a felony
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 485.10 of the penal law, as added
by chapter 107 of the laws of 2000, is amended to read as follows:
2. When a person is convicted of a hate crime pursuant to this article
and the specified offense is [a misdemeanor or] a class C, D or E felo-
ny, the hate crime shall be deemed to be one category higher than the
specified offense the defendant committed, or one category higher than
the offense level applicable to the defendant's conviction for an
attempt or conspiracy to commit a specified offense, whichever is appli-
cable. WHEN A PERSON IS CONVICTED OF A HATE CRIME PURSUANT TO THIS ARTI-
CLE AND THE SPECIFIED OFFENSE IS A MISDEMEANOR OR AN ATTEMPT OR CONSPIR-
ACY TO COMMIT A SPECIFIED OFFENSE THAT IS A MISDEMEANOR, THE HATE CRIME
SHALL BE DEEMED TO BE A CLASS E FELONY.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10370-02-3