STATE OF NEW YORK
        ________________________________________________________________________
                                           335
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  AKSHAR -- 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  designating  offenses
          against  law  enforcement officers, firefighters and emergency medical
          services personnel as hate crimes
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law,
     2  as  added  by  chapter  107  of the laws of 2000, are amended to read as
     3  follows:
     4    1. A person commits a hate crime when he or she  commits  a  specified
     5  offense and either:
     6    (a)  intentionally  selects  the  person  against  whom the offense is
     7  committed or intended to be committed in whole or  in  substantial  part
     8  because  of  a  belief  or  perception  regarding  (i)  the race, color,
     9  national origin, ancestry, gender, religion,  religious  practice,  age,
    10  disability  or  sexual orientation of a person or (ii) because of actual
    11  or perceived employment as a law enforcement officer, a  firefighter  or
    12  as  emergency  medical  services  personnel,  regardless  of whether the
    13  belief or perception is correct, or
    14    (b) intentionally commits the act or acts constituting the offense  in
    15  whole or in substantial part because of a belief or perception regarding
    16  (i)  the race, color, national origin, ancestry, gender, religion, reli-
    17  gious practice, age, disability or sexual orientation  of  a  person  or
    18  (ii)  because  of  actual  or  perceived employment as a law enforcement
    19  officer, a firefighter  or  as  emergency  medical  services  personnel,
    20  regardless of whether the belief or perception is correct.
    21    2.  Proof of race, color, national origin, ancestry, gender, religion,
    22  religious practice, age, disability or sexual orientation or  employment
    23  as  a  law  enforcement  officer,  a firefighter or as emergency medical
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05181-01-9

        S. 335                              2
     1  services personnel of the defendant, the victim or of both the defendant
     2  and the victim  does  not,  by  itself,  constitute  legally  sufficient
     3  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
     4  subdivision one of this section.
     5    4. For purposes of this section:
     6    (a) the term "age" means sixty years old or more;
     7    (b)  the  term "disability" means a physical or mental impairment that
     8  substantially limits a major life activity[.];
     9    (c) the term "law enforcement officer" means  any  active  or  retired
    10  city  or  state  law enforcement officer, peace officer, sheriff, deputy
    11  sheriff, probation or parole officer, marshal, deputy, wildlife enforce-
    12  ment agency, county or  state  correctional  officer,  fire  marshal  or
    13  commissioned agent of the department of corrections and community super-
    14  vision,  as  well  as  any  federal law enforcement officer or employee,
    15  whose permanent duties include making  arrests,  performing  search  and
    16  seizures,  execution  of  criminal  arrest  warrants, execution of civil
    17  seizure warrants, any civil functions performed by  sheriffs  or  deputy
    18  sheriffs,  enforcement  of  penal or traffic laws, or the care, custody,
    19  control or supervision of inmates;
    20    (d)  the  term  "firefighter"  means  (i)  any  firefighter  regularly
    21  employed  by  a  fire department of any municipality of the state of New
    22  York and (ii) any volunteer firefighter as defined in subdivision one of
    23  section three of the volunteer firefighters' benefit law; and
    24    (e) the term "emergency medical services personnel" means the  person-
    25  nel  of  a  service  or  agency,  whether  paid or volunteer, engaged in
    26  providing initial emergency medical assistance, including but not limit-
    27  ed to first responders, emergency medical technicians and advanced emer-
    28  gency medical technicians.
    29    § 2. This act shall take effect immediately.