Assembly Bill A11083

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11083
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced  by M. of A. RAMOS -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, the correction law, the  criminal  proce-
   dure  law,  and  the  administrative  code of the city of New York, in
   relation to establishing hate crimes against police officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 485.07 to
 read as follows:
 § 485.07 HATE CRIMES AGAINST POLICE OFFICERS.
   A PERSON COMMITS A HATE CRIME AGAINST POLICE OFFICERS WHEN:
   1. SUCH PERSON COMMITS MURDER  IN  THE  FIRST  DEGREE  AS  DEFINED  IN
 SECTION  125.27 OF THIS CHAPTER, AGGRAVATED MURDER AS DEFINED IN SECTION
 125.26 OF THIS CHAPTER, OR MURDER IN THE SECOND  DEGREE  AS  DEFINED  IN
 SECTION 125.25 OF THIS CHAPTER; AND
   2.  THE  VICTIM  IS A POLICE OFFICER AS DEFINED IN SUBDIVISION THIRTY-
 FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR A PEACE OFFICER AS
 DEFINED IN PARAGRAPH A OF SUBDIVISION  TWENTY-ONE,  SUBDIVISION  TWENTY-
 THREE, TWENTY-FOUR OR SIXTY-TWO (EMPLOYEES OF THE DIVISION FOR YOUTH) OF
 SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW; AND
   3.  THE  DEFENDANT  CHOOSES  THE VICTIM BECAUSE THE VICTIM IS A POLICE
 OFFICER OR A PEACE OFFICER.
   § 2. Paragraph (i) of subdivision 1 of section 205 of  the  correction
 law,  as added by section 32 of subpart A of part C of chapter 62 of the
 laws of 2011, is amended to read as follows:
   (i) a hate crime as defined in section 485.05 OR 485.07 of  the  penal
 law; or
   §  3.  Subparagraph  (x)  of paragraph (b) of subdivision 1 of section
 150.20 of the criminal procedure law, as amended by section 1 of subpart
 B of part UU of chapter 56 of the laws of 2022, is amended  to  read  as
 follows:
   (x)  the  person  is eighteen years of age or older and charged with a
 hate crime as defined in section 485.05 OR 485.07 of the penal law; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11476-01-5
              

 A. 11083                            2
 
   § 4.  Subdivision 4 and paragraph (c)  of  subdivision  7  of  section
 200.50  of  the  criminal  procedure  law,  subdivision  4 as amended by
 section 15 of subpart A of part H of chapter 55 of the laws of 2014, and
 paragraph (c) of subdivision 7 as amended by chapter 8 of  the  laws  of
 2019, are amended to read as follows:
   4.  A statement in each count that the grand jury, or, where the accu-
 satory instrument is a superior court information, the  district  attor-
 ney,  accuses  the  defendant  or  defendants  of  a designated offense,
 provided that in any prosecution under article four hundred  eighty-five
 of the penal law, the designated offense shall be the specified offense,
 as  defined in subdivision three of section 485.05 OR SUBDIVISION ONE OF
 SECTION 485.07 of the penal law, followed  by  the  phrase  "as  a  hate
 crime",  and  provided  further  that  in  any prosecution under section
 490.25 of the penal law, the designated offense shall be  the  specified
 offense,  as defined in subdivision three of section 490.05 of the penal
 law, followed by the phrase "as a  crime  of  terrorism";  and  provided
 further  that  in any prosecution under section 130.91 of the penal law,
 the designated offense shall be the specified  offense,  as  defined  in
 subdivision  two  of  section  130.91  of the penal law, followed by the
 phrase "as a sexually motivated felony"; and provided  further  that  in
 any  prosecution  under  section 496.06 of the penal law, the designated
 offense shall be the specified offense, as defined in subdivision two of
 such section, followed by the phrase "as a public corruption crime"; and
   (c) in the case of any hate crime, as defined  in  section  485.05  OR
 485.07 of the penal law, specifies, as applicable, that the defendant or
 defendants  intentionally  selected  the person against whom the offense
 was committed or intended to be committed;  or  intentionally  committed
 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, reli-
 gion, religious practice, age, disability or  sexual  orientation  of  a
 person; and
   §  5. Subparagraph ii of paragraph 7 of subdivision a of section 9-131
 of the administrative code of the city of New York, as amended by  local
 law  number  58 of the city of New York for the year 2014, is amended to
 read as follows:
   ii. a hate crime as defined in section 485.05 OR 485.07 of  the  penal
 law, provided such hate crime constitutes a felony;
   §  6.    Subparagraph  ii  of  paragraph 6 of subdivision a of section
 14-154 of the administrative code of the city of New York, as  added  by
 local  law  number  59  of  the  city  of New York for the year 2014, is
 amended to read as follows:
   ii. a hate crime as defined in section 485.05 OR 485.07 of  the  penal
 law, provided such hate crime constitutes a felony;
   § 7. Subdivision c of section 14-161 of the administrative code of the
 city  of  New  York, as added by local law number 110 of the city of New
 York for the year 2016, is amended to read as follows:
   c. For purposes of this section, the term "hate crime" has the meaning
 ascribed to it by section 485.05 OR 485.07 of the New York penal law.
   § 8. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.