S T A T E O F N E W Y O R K
________________________________________________________________________
7792
2023-2024 Regular Sessions
I N A S S E M B L Y
June 15, 2023
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing a rebuttable
presumption of a hate crime when certain crimes are committed on, in
or upon a house of worship
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 485.05 of the penal law is amended by adding a new
subdivision 2-a to read as follows:
2-A. ANY CRIME COMMITTED AS DEFINED IN SUBDIVISION THREE OF THIS
SECTION THAT OCCURS ON, IN OR UPON A HOUSE OF WORSHIP CREATES A REBUTTA-
BLE PRESUMPTION THAT IT IS A HATE CRIME.
§ 2. Paragraph (c) of subdivision 4 of section 485.05 of the penal
law, as amended by chapter 8 of the laws of 2019, is amended and a new
paragraph (d) is added to read as follows:
(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) "HOUSE OF WORSHIP" SHALL MEAN ANY STRUCTURE OR SITE USED PRIMARILY
AS A PLACE OF WORSHIP ON A PERMANENT BASIS BY A RECOGNIZED AND ESTAB-
LISHED RELIGIOUS SECT OR DENOMINATION PROVIDED, HOWEVER, THAT THIS DEFI-
NITION SHALL NOT INCLUDE ANY RELIGIOUS SITE OR STRUCTURE USED AS A:
SCHOOL, COLLEGE, HOSPITAL OR OTHER SIMILAR STRUCTURE OR SITE THAT IS NOT
USED PRIMARILY FOR RELIGIOUS WORSHIP.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10977-01-3