Bill Text: NY S06804 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes a rebuttable presumption of a hate crime when certain crimes are committed on, in or upon a house of worship.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S06804 Detail]

Download: New_York-2023-S06804-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6804

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 10, 2023
                                       ___________

        Introduced  by  Sen. KENNEDY -- 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 establishing a  rebuttable
          presumption  of  a hate crime when certain crimes are committed on, in
          or upon a house of worship

          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 2-a to read as follows:
     3    2-a. Any crime committed as  defined  in  subdivision  three  of  this
     4  section that occurs on, in or upon a house of worship creates a rebutta-
     5  ble presumption that it is a hate crime.
     6    §  2.  Paragraph  (c)  of subdivision 4 of section 485.05 of the penal
     7  law, as amended by chapter 8 of the laws of 2019, is amended and  a  new
     8  paragraph (d) is added to read as follows:
     9    (c)  the  term "gender identity or expression" means a person's actual
    10  or perceived gender-related identity, appearance, behavior,  expression,
    11  or other gender-related characteristic regardless of the sex assigned to
    12  that person at birth, including, but not limited to, the status of being
    13  transgender[.];
    14    (d) "House of worship" shall mean any structure or site used primarily
    15  as  a  place  of worship on a permanent basis by a recognized and estab-
    16  lished religious sect or denomination provided, however, that this defi-
    17  nition shall not include any religious site  or  structure  used  as  a:
    18  school, college, hospital or other similar structure or site that is not
    19  used primarily for religious worship.
    20    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10977-01-3