Bill Text: NY A11315 | 2017-2018 | General Assembly | Introduced


Bill Title: Enacts the Michael Sandy Act, providing that evidence of a defendant and victim having the same protected category is inadmissible in hate crime cases unless determined relevant by the court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-08-29 - referred to codes [A11315 Detail]

Download: New_York-2017-A11315-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          11315
                   IN ASSEMBLY
                                     August 29, 2018
                                       ___________
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Espinal) --
          read once and referred to the Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to enacting  the
          Michael Sandy act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited  as  the  "Michael
     2  Sandy act".
     3    §  2.  The  criminal  procedure law is amended by adding a new section
     4  60.77 to read as follows:
     5  § 60.77 Rules of evidence; admissibility of evidence  of  defendant  and
     6            victim falling under the same protected category in hate crime
     7            cases.
     8    Evidence  of  defendant  having the same race, color, national origin,
     9  ancestry, gender, religion, religious practice, age, disability,  sexual
    10  orientation,  or other category, defined in article four hundred eighty-
    11  five of the penal law, of the victim may not be  admitted  in  a  prose-
    12  cution  for  any offense, or an attempt to commit an offense, defined in
    13  article four hundred eighty-five of the penal law, unless such  evidence
    14  is  determined  by the court to be relevant and admissible in the inter-
    15  ests of justice, after an offer  of  proof  by  the  proponent  of  such
    16  evidence  outside  the hearing of the jury, or such hearing as the court
    17  may require, and a statement by the court of its findings of fact essen-
    18  tial to its determination.
    19    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05184-01-7
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