NY State Senate Bill 2023-S7737

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Nov 03, 2023	referred to rules

co-Sponsors

2023-S7737 (ACTIVE) - Details

See Assembly Version of this Bill:: A8261
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§485.05 & 240.31, rpld §240.30 sub 3, add §240.30-a, Pen L

2023-S7737 (ACTIVE) - Summary

Relates to facilitating the prosecution of hate crimes; establishes the crimes of bias harassment in the first and second degrees.

2023-S7737 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7737

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the penal law, in relation to facilitating the prose-
cution of hate crimes; and to repeal subdivision 3 of section 240.30 of
the penal law

 
PURPOSE OR GENERAL IDEA OF BILL:

To modernize the offenses eligible for hate crime prosecution by updat-
ing the list of eligible offenses and by further delineating the umbrel-
la offense of aggravated harassment

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 3 of section 485.05 of the penal law to add
31 offenses as specified offenses eligible for hate crime prosecution.

These additional offenses include:

1. gang assault in the second degree;

2. gang assault in the first degree;

3. criminal obstruction of breathing or blood circulation;

4. aggravated murder;

5. murder in the first degree;

6. sexual misconduct;

7. rape in the third degree;

8. rape in the second degree;

9. criminal sexual act in the third degree;

10. criminal sexual act in the second degree;

11 forcible touching;

12 persistent sexual abuse;

13 sexual abuse in the third degree;

14 sexual abuse in the second degree;

15 aggravated sexual abuse in the fourth degree;

16 aggravated sexual abuse in the third degree;

17 labor trafficking;

18 aggravated labor trafficking;

19 making graffiti;
20 arson in the fifth degree;

21 jostling;

22 sex trafficking;

23 sex trafficking of a child;

24 falsely reporting an incident in the third degree;

25 falsely reporting an incident in the second degree;

26 falsely reporting an incident in the first degree;

27 endangering the welfare of a child;

28. criminal possession of a weapon in the fourth degree;

29. criminal possession of a weapon in the third degree;

30. criminal possession of a weapon in the second degree; and

31. criminal possession of a weapon in the first degree.

Section 2 amends Section 240.30 of the penal law to redefine the offense
of aggravated harassment in the second degree. It removes Section
240.30(3) (relating to unwelcome physical contact based upon belief or
perception about membership in a protected class)from its definition.

Section 3 amends Section 240.31 of the penal law to redefine the offense
of aggravated harassment in the first degree. It renames the current
offense of "aggravated harassment in the first degree" to "bias harass-
ment in the first degree." It modifies the prior offenses needed to
qualify for this offense for consistency with the rest of this act.

Section 4 adds a new section to the penal law, 240.30-a, which creates
the offense of bias harassment in the second degree. It is defined by
using the former Section 240.30(3), which relates to unwelcome physical
contact based upon belief or perception of membership in a protected
class.

Section 5 sets the effective date.

 
JUSTIFICATION:

The Hate Crimes Modernization Act seeks to expand the list of offenses
in the hate crimes statute to include categories of offenses such as
gang assault, certain sex crimes, human trafficking, graffiti, false
reporting, and criminal possession of a weapon.

These offenses can be bias-motivated and occur with unfortunate regular-
ity, but cannot be legally charged as hate crimes without amending the
current law. Hate crimes harm not just the victim, but the larger commu-
nity. It is important that this statute is amended to more effectively
remediate such crimes' pervasive harm.

New York has seen a dramatic increase in reported hate crimes since
2015. According to the New York State Division of Criminal Justice,
reported hate crimes increased by 55.8% in 2021 alone.' Offenses that
many New Yorkers would view as hate crimes - such as bias-motivated gang
assault, graffiti, falsely reporting an incident and others - are not
legally eligible to be charged as hate crimes under the existing hate
crimes statute.

The law should reflect a common understanding of what a hate crime is
and so that the law can protect people and property from the pervasive
effect of hate crimes. We can do this by updating the hate crimes stat-
ute to include specific criminal offenses that were initially excluded
from the legislation from over 20 years ago.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) NYS Division of Criminal Justice Services. Office of Justice
Research & Performance. Hate Crime in New York State 2021 Annual Report.
https://www.criminaljustice.ny.gov/crimnet/ojsa/hate-crimein-nys-2021-an
nual-report.pdf

2023-S7737 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7737
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             November 3, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation to  facilitating  the  prose-
   cution  of  hate crimes; and to repeal subdivision 3 of section 240.30
   of the penal law

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section  485.05  of the penal law, as
 amended by section 3 of part R of chapter 55 of the  laws  of  2020,  is
 amended to read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  SECTION  120.06
 (GANG ASSAULT IN THE SECOND DEGREE); SECTION 120.07 (GANG ASSAULT IN THE
 FIRST  DEGREE);  section  120.10  (assault in the first degree); section
 120.12 (aggravated assault upon a person less than  eleven  years  old);
 section  120.13 (menacing in the first degree); section 120.14 (menacing
 in the second degree); section 120.15 (menacing in  the  third  degree);
 section  120.20  (reckless  endangerment  in the second degree); section
 120.25 (reckless endangerment  in  the  first  degree);  SECTION  121.11
 (CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); section 121.12
 (strangulation  in  the second degree); section 121.13 (strangulation in
 the first degree); subdivision one of section  125.15  (manslaughter  in
 the  second  degree);  subdivision  one,  two  or four of section 125.20
 (manslaughter in the first degree); section 125.25 (murder in the second
 degree); SECTION 125.26 (AGGRAVATED MURDER); SECTION 125.27  (MURDER  IN
 THE  FIRST  DEGREE);  section  120.45  (stalking  in the fourth degree);
 section 120.50 (stalking in the third degree); section 120.55  (stalking
 in  the  second  degree); section 120.60 (stalking in the first degree);
 [subdivision one of] SECTION 130.20 (SEXUAL MISCONDUCT); SECTION  130.25
 (RAPE  IN THE THIRD DEGREE); SECTION 130.30 (RAPE IN THE SECOND DEGREE);
 section 130.35 (rape in the first degree); [subdivision one of]  SECTION
 130.40 (CRIMINAL SEXUAL ACT IN THE THIRD DEGREE); SECTION 130.45 (CRIMI-
 NAL  SEXUAL  ACT  IN THE SECOND DEGREE); section 130.50 (criminal sexual

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13389-02-3
 S. 7737                             2

 act in the first degree); [subdivision one of] SECTION 130.52  (FORCIBLE
 TOUCHING);  SECTION  130.53  (PERSISTENT  SEXUAL  ABUSE); SECTION 130.55
 (SEXUAL ABUSE IN THE THIRD DEGREE); SECTION 130.60 (SEXUAL ABUSE IN  THE
 SECOND  DEGREE);  section  130.65  (sexual  abuse  in the first degree);
 [paragraph (a) of subdivision one of] SECTION 130.65-A (AGGRAVATED SEXU-
 AL ABUSE IN THE FOURTH DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL  ABUSE
 IN  THE  THIRD  DEGREE);  section 130.67 (aggravated sexual abuse in the
 second degree); [paragraph (a) of subdivision  one  of]  section  130.70
 (aggravated  sexual abuse in the first degree); section 135.05 (unlawful
 imprisonment in the second degree); section 135.10  (unlawful  imprison-
 ment  in  the  first  degree);  section 135.20 (kidnapping in the second
 degree); section 135.25 (kidnapping in the first degree); SECTION 135.35
 (LABOR TRAFFICKING);  SECTION  135.37  (AGGRAVATED  LABOR  TRAFFICKING);
 section  135.60 (coercion in the third degree); section 135.61 (coercion
 in the second degree); section 135.65 (coercion in  the  first  degree);
 section  140.10  (criminal trespass in the third degree); section 140.15
 (criminal trespass in the second degree); section 140.17 (criminal tres-
 pass in the  first  degree);  section  140.20  (burglary  in  the  third
 degree);  section 140.25 (burglary in the second degree); section 140.30
 (burglary in the first degree); section 145.00 (criminal mischief in the
 fourth degree); section 145.05 (criminal mischief in the third  degree);
 section  145.10 (criminal mischief in the second degree); section 145.12
 (criminal mischief in the first degree); SECTION 145.60 (MAKING  GRAFFI-
 TI);  SECTION  150.01 (ARSON IN THE FIFTH DEGREE); section 150.05 (arson
 in the fourth degree); section  150.10  (arson  in  the  third  degree);
 section  150.15  (arson  in the second degree); section 150.20 (arson in
 the first degree); section 155.25 (petit larceny); section 155.30 (grand
 larceny in the fourth degree); section  155.35  (grand  larceny  in  the
 third  degree);  section  155.40  (grand  larceny in the second degree);
 section 155.42 (grand larceny  in  the  first  degree);  section  160.05
 (robbery  in  the  third  degree); section 160.10 (robbery in the second
 degree); section 160.15 (robbery in the first  degree);  SECTION  165.25
 (JOSTLING);  SECTION  230.34  (SEX  TRAFFICKING);  SECTION 230.34-A (SEX
 TRAFFICKING OF  A  CHILD);  section  240.25  (harassment  in  the  first
 degree);  subdivision  one,  two  or  four of section 240.30 (aggravated
 harassment [in the second degree]); SECTION 240.50 (FALSELY REPORTING AN
 INCIDENT IN THE THIRD DEGREE);  SECTION  240.55  (FALSELY  REPORTING  AN
 INCIDENT  IN  THE  SECOND  DEGREE); SECTION 240.60 (FALSELY REPORTING AN
 INCIDENT IN THE FIRST DEGREE); SECTION 260.10 (ENDANGERING  THE  WELFARE
 OF A CHILD); SUBDIVISION TWO OF SECTION 265.01 (CRIMINAL POSSESSION OF A
 WEAPON  IN THE FOURTH DEGREE); SUBDIVISION ONE OF SECTION 265.02 (CRIMI-
 NAL POSSESSION OF A WEAPON IN THE  THIRD  DEGREE);  SUBDIVISION  ONE  OF
 SECTION  265.03  (CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE);
 SUBDIVISION ONE OF SECTION 265.04 (CRIMINAL POSSESSION OF  A  WEAPON  IN
 THE  FIRST  DEGREE); section 490.10 (soliciting or providing support for
 an act of terrorism in the second degree); section 490.15 (soliciting or
 providing support for an act of terrorism in the first degree);  section
 490.20  (making  a terroristic threat); section 490.25 (crime of terror-
 ism); section 490.30 (hindering prosecution of terrorism in  the  second
 degree); section 490.35 (hindering prosecution of terrorism in the first
 degree);  section  490.37  (criminal  possession of a chemical weapon or
 biological  weapon  in  the  third  degree);  section  490.40  (criminal
 possession  of  a  chemical  weapon  or  biological weapon in the second
 degree); section 490.45 (criminal possession of  a  chemical  weapon  or
 biological  weapon in the first degree); section 490.47 (criminal use of
 a chemical weapon or biological weapon in  the  third  degree);  section
 S. 7737                             3
 
 490.50  (criminal  use  of a chemical weapon or biological weapon in the
 second degree); section 490.55 (criminal use of  a  chemical  weapon  or
 biological  weapon in the first degree); or any attempt or conspiracy to
 commit any of the foregoing offenses.
   § 2. Subdivision 3 of section 240.30 of the penal law is REPEALED.
   §  3. Section 240.31 of the penal law, as amended by chapter 49 of the
 laws of 2006, the opening paragraph as amended by chapter 8 of the  laws
 of  2019,  subdivisions 3 and 4 as amended and subdivision 5 as added by
 chapter 74 of the laws of 2008, is amended to read as follows:
 § 240.31 [Aggravated] BIAS harassment in the first degree.
   A person is guilty of [aggravated] BIAS harassment in the first degree
 when with intent to harass, annoy, threaten  or  alarm  another  person,
 because  of  a belief or perception regarding such person's race, color,
 national origin, ancestry, gender, gender identity or expression,  reli-
 gion, religious practice, age, disability or sexual orientation, regard-
 less of whether the belief or perception is correct, he or she:
   1. Damages premises primarily used for religious purposes, or acquired
 pursuant  to section six of the religious [corporation] CORPORATIONS law
 and maintained for purposes of religious instruction, and the damage  to
 the premises exceeds fifty dollars; or
   2. Commits the crime of [aggravated harassment in the second degree in
 the  manner proscribed by the provisions of subdivision three of section
 240.30 of this article] BIAS HARASSMENT IN THE  SECOND  DEGREE  and  has
 been  previously  convicted of the crime of aggravated harassment in the
 second degree for the commission of conduct proscribed by the provisions
 of THE FORMER subdivision three of section 240.30 OR BIAS HARASSMENT  IN
 THE  SECOND  DEGREE,  or  he or she has been previously convicted of the
 crime of aggravated harassment in the first degree OR BIAS HARASSMENT IN
 THE FIRST DEGREE within the preceding ten years; or
   3. Etches, paints, draws upon or otherwise places a swastika, commonly
 exhibited as the emblem of Nazi Germany, on any building or  other  real
 property, public or private, owned by any person, firm or corporation or
 any  public agency or instrumentality, without express permission of the
 owner or operator of such building or real property;
   4. Sets on fire a cross in public view; or
   5. Etches, paints, draws upon or otherwise places or displays a noose,
 commonly exhibited as a symbol of racism and intimidation, on any build-
 ing or other real property, public or private, owned by any person, firm
 or corporation or any public agency or instrumentality, without  express
 permission of the owner or operator of such building or real property.
   [Aggravated] BIAS harassment in the first degree is a class E felony.
   § 4. The penal law is amended by adding a new section 240.30-a to read
 as follows:
 § 240.30-A BIAS HARASSMENT IN THE SECOND DEGREE.
   A  PERSON IS GUILTY OF BIAS HARASSMENT IN THE SECOND DEGREE WHEN, WITH
 INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTHER  PERSON,  HE  OR  SHE
 STRIKES,  SHOVES, KICKS OR OTHERWISE SUBJECTS ANOTHER PERSON TO PHYSICAL
 CONTACT, OR ATTEMPTS OR THREATENS TO DO THE SAME BECAUSE OF A BELIEF  OR
 PERCEPTION  REGARDING SUCH PERSON'S RACE, COLOR, NATIONAL ORIGIN, ANCES-
 TRY, GENDER, GENDER IDENTITY OR EXPRESSION,  RELIGION,  RELIGIOUS  PRAC-
 TICE,  AGE,  DISABILITY OR SEXUAL ORIENTATION, REGARDLESS OF WHETHER THE
 BELIEF OR PERCEPTION IS CORRECT.
   BIAS HARASSMENT IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   § 5. This act shall take effect immediately.

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Senate Bill S7737

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S7737 (ACTIVE) - Details

2023-S7737 (ACTIVE) - Summary

2023-S7737 (ACTIVE) - Sponsor Memo

2023-S7737 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7737

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Shelley B. Mayer

2023-S7737 (ACTIVE) - Details

2023-S7737 (ACTIVE) - Summary

2023-S7737 (ACTIVE) - Sponsor Memo

2023-S7737 (ACTIVE) - Bill Text download pdf

Comments