Bill Text: NY A10979 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates a rebuttable presumption of evidence and prima facie case; increases incarceration sentence; provides for mandatory hate crime prevention program, training or counseling; and requires the court to impose a monetary fine for the cost of prosecution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-09-09 - referred to codes [A10979 Detail]

Download: New_York-2019-A10979-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10979

                   IN ASSEMBLY

                                    September 9, 2020
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Dickens) --
          read once and referred to the Committee on Codes

        AN ACT to amend the penal law, in relation to hate crimes

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

     1    Section  1.  Subdivision  2  of  section  485.05  of the penal law, as
     2  amended by chapter 8 of the laws of 2019, is amended to read as follows:
     3    2. Proof of race, color, national  origin,  ancestry,  gender,  gender
     4  identity or expression, religion, religious practice, age, disability or
     5  sexual orientation of the defendant, the victim or of both the defendant
     6  and  the  victim  [does  not,  by  itself, constitute legally sufficient
     7  evidence satisfying] creates a rebuttable presumption  of  evidence  and
     8  prima  facie  case  sufficient  to satisfy the people's burden upon such
     9  element of the crime, animus, under paragraph (a) or (b) of  subdivision
    10  one of this section.
    11    § 2. Subdivisions 3 and 4 of section 485.10 of the penal law, as added
    12  by chapter 107 of the laws of 2000, are amended to read as follows:
    13    3.  Notwithstanding  any  other  provision  of  law,  when a person is
    14  convicted of a hate crime pursuant to this  article  and  the  specified
    15  offense is a class B felony:
    16    (a)  the  maximum  term of the indeterminate sentence must be at least
    17  [six] ten years if the defendant is sentenced pursuant to section  70.00
    18  of this chapter;
    19    (b)  the term of the determinate sentence must be at least [eight] ten
    20  years if the defendant is sentenced pursuant to section  70.02  of  this
    21  chapter;
    22    (c)  the  term  of  the determinate sentence must be at least [twelve]
    23  fifteen years if the defendant is sentenced pursuant to section 70.04 of
    24  this chapter;
    25    (d) the maximum term of the indeterminate sentence must  be  at  least
    26  [four] six years if the defendant is sentenced pursuant to section 70.05
    27  of this chapter; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16591-02-0
        A. 10979                            2

     1    (e)  the maximum term of the indeterminate sentence or the term of the
     2  determinate sentence must be at least [ten] fifteen years if the defend-
     3  ant is sentenced pursuant to section 70.06 of this chapter.
     4    4.  Notwithstanding  any  other  provision  of  law,  when a person is
     5  convicted of a hate crime pursuant to this  article  and  the  specified
     6  offense  is  a class A-1 felony, the minimum period of the indeterminate
     7  sentence shall be not less than [twenty] twenty-five years.
     8    § 3. Subdivision 5 of section 485.10 of the penal  law,  as  added  by
     9  chapter 158 of the laws of 2010, is amended to read as follows:
    10    5.  In addition to any of the dispositions authorized by this chapter,
    11  the court [may] shall require as part of the  sentence  imposed  upon  a
    12  person  convicted  of  a  hate  crime pursuant to this article, that the
    13  defendant complete a program, training  session  or  counseling  session
    14  directed  at hate crime prevention and education, where the court deter-
    15  mines such program, training session or counseling session is  appropri-
    16  ate,  available  and  was  developed or authorized by the court or local
    17  agencies in cooperation with organizations serving the affected communi-
    18  ty.
    19    § 4. Section 485.10 of the penal law is amended by adding a new subdi-
    20  vision 6 to read as follows:
    21    6. The court shall impose a monetary fine that  equates  the  cost  of
    22  prosecution.
    23    § 5. This act shall take effect July 1, 2020.