Bill Text: NY A05661 | 2015-2016 | General Assembly | Introduced

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Bill Title: States that verbally using commonly known profane slurs or biased language during the commission of specified offenses shall be presumptive evidence of a hate crime.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-06 - held for consideration in codes [A05661 Detail]

Download: New_York-2015-A05661-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5661
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       Introduced by M. of A. HOOPER -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend the penal law, in relation to presumptive evidence of
         hate crimes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 485.05 of the penal law is amended by adding a new
    2  subdivision 5 to read as follows:
    3    5. DURING THE COMMISSION OF A SPECIFIED OFFENSE, IT SHALL BE  PRESUMP-
    4  TIVE EVIDENCE OF A HATE CRIME WHEN THE OFFENDER VERBALLY UTILIZES ANY OF
    5  THE COMMONLY KNOWN PROFANE SLURS OR BIASED LANGUAGE USED TO DESCRIBE THE
    6  RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY,  GENDER, RELIGION, RELIGIOUS
    7  PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF THE VICTIM.
    8    S 2. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09252-01-5