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Senate Bill S1943

2025-2026 Legislative Session

Expands the criteria for a hate crime

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Current Bill Status - In Senate Committee Codes Committee

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2025-S1943 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§485.05 & 485.10, Pen L
Versions Introduced in 2023-2024 Legislative Session:
S7040

2025-S1943 (ACTIVE) - Summary

Expands the criteria for a hate crime to include trespass committed at a house of worship.

2025-S1943 (ACTIVE) - Sponsor Memo

2025-S1943 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1943
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 Introduced  by  Sens.  WEBER,  ASHBY,  BORRELLO,  CANZONERI-FITZPATRICK,
   MARTINS, MATTERA, OBERACKER, O'MARA, PALUMBO, RHOADS, ROLISON --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee 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] SUCH PERSON:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03472-01-5

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