S T A T E O F N E W Y O R K
________________________________________________________________________
6929
2023-2024 Regular Sessions
I N A S S E M B L Y
May 9, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to expanding the criteria for
a hate crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 485.05 of the penal law, as
amended by chapter 8 of the laws of 2019, is amended to read as follows:
1. A person commits a hate crime when he or she:
(A) commits a specified offense and either:
[(a)] (I) 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 sexual orientation of a person,
regardless of whether the belief or perception is correct, or
[(b)] (II) intentionally commits the act or acts constituting the
offense in whole or in substantial part because of a belief or percep-
tion regarding the race, color, national origin, ancestry, gender,
gender identity or expression, religion, religious practice, age, disa-
bility or sexual orientation of a person, regardless of whether the
belief or perception is correct; OR
(B) COMMITS A SPECIFIED OFFENSE OR A VIOLATION OF SECTION 140.05 OF
THIS CHAPTER IN OR ON THE GROUNDS OF A CHURCH, SYNAGOGUE, MOSQUE OR
OTHER HOUSE OF WORSHIP.
§ 2. 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 VIOLATION, A misdemeanor or a class C, D
or E felony, the hate crime shall be deemed to be one category higher
than the specified offense the defendant committed, or one category
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11072-01-3
A. 6929 2
higher than the offense level applicable to the defendant's conviction
for an attempt or conspiracy to commit a specified offense, whichever is
applicable.
§ 3. This act shall take effect immediately.