Bill Text: NY A09539 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows for the admission of a defendant's previous declarations or statements when the crime committed is a hate crime.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-24 - referred to codes [A09539 Detail]

Download: New_York-2019-A09539-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9539

                   IN ASSEMBLY

                                    January 24, 2020
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law, in relation to the admission
          of  a  defendant's  previous declarations or statements when the crime
          committed is a hate crime

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  criminal  procedure  law  is amended by adding a new
     2  section 60.77 to read as follows:
     3  § 60.77 Rules of evidence; previous declarations  and  statements;  hate
     4            crimes.
     5    Evidence  of  a defendant's previous declarations or statements may be
     6  admitted to show the defendant intentionally committed the act  or  acts
     7  constituting  a  hate crime as set forth in article four hundred eighty-
     8  five of the penal law in whole or  in  substantial  part  because  of  a
     9  belief  or perception regarding the race, color, national origin, ances-
    10  try, gender, gender identity or expression,  religion,  religious  prac-
    11  tice,  age, disability or sexual orientation of a person, subject to the
    12  evidentiary rules governing criminal trials set forth in this title.
    13    § 2. This act shall take effect on the first on November next succeed-
    14  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.
                                                                   LBD14719-02-0