Bill Text: NY S07270 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 7270

Introduced

Bill Title: Requires the district attorney to file information with the accusatory instrument when certain crimes are committed against a woman and it is not charged as a hate crime.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S07270 Detail]

Download: New_York-2023-S07270-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          7270

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the criminal procedure law, in relation to filing infor-
          mation with the accusatory instrument where the district attorney does
          not charge a person with  a  hate  crime  when  certain  offenses  are
          committed against female victims

          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 100.65 to read as follows:
     3  § 100.65 Reporting by the district attorney in certain cases.
     4    1.  When a specified offense is committed against a female victim, the
     5  district attorney shall set forth their reasoning for not  charging  the
     6  defendant  with  a  hate  crime prosecutable under section 485.05 of the
     7  penal law.
     8    2. Information required by subdivision one of this  section  shall  be
     9  filed with the accusatory instrument, as defined by section 1.20 of this
    10  chapter.
    11    3. A "specified offense" is an offense defined by any of the following
    12  provisions  of  the  penal  law:  section  120.00  (assault in the third
    13  degree); section 120.05 (assault in the second degree);  section  120.10
    14  (assault in the first degree); section 120.12 (aggravated assault upon a
    15  person  less  than  eleven  years  old); section 120.13 (menacing in the
    16  first degree); section 120.14 (menacing in the second  degree);  section
    17  120.15  (menacing  in the third degree); section 120.20 (reckless endan-
    18  germent in the second degree); section 120.25 (reckless endangerment  in
    19  the  first  degree);  subdivision one of section 125.15 (manslaughter in
    20  the second degree); subdivision one,  two  or  four  of  section  125.20
    21  (manslaughter in the first degree); section 125.25 (murder in the second
    22  degree);  section 120.45 (stalking in the fourth degree); section 120.50
    23  (stalking in the third degree); section 120.55 (stalking in  the  second

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03303-01-3
        S. 7270                             2

     1  degree);  section 120.60 (stalking in the first degree); subdivision one
     2  of section 130.35 (rape in the first degree); subdivision one of section
     3  130.50 (criminal sexual act in the first  degree);  subdivision  one  of
     4  section  130.65  (sexual  abuse  in  the first degree); paragraph (a) of
     5  subdivision one of section 130.67 (aggravated sexual abuse in the second
     6  degree); paragraph (a) of subdivision one of section 130.70  (aggravated
     7  sexual abuse in the first degree); section 135.05 (unlawful imprisonment
     8  in  the  second  degree);  section  135.10 (unlawful imprisonment in the
     9  first degree); section 135.20 (kidnapping in the second degree); section
    10  135.25 (kidnapping in the first degree); section 135.60 (coercion in the
    11  third degree); section 135.65 (coercion in the  first  degree);  section
    12  140.10 (criminal trespass in the third degree); section 140.15 (criminal
    13  trespass in the second degree); section 140.17 (criminal trespass in the
    14  first  degree);  section  140.20 (burglary in the third degree); section
    15  140.25 (burglary in the second degree); section 140.30 (burglary in  the
    16  first  degree); section 145.00 (criminal mischief in the fourth degree);
    17  section 145.05 (criminal mischief in the third degree);  section  145.10
    18  (criminal  mischief  in  the  second  degree);  section 145.12 (criminal
    19  mischief in the first degree);  section  150.05  (arson  in  the  fourth
    20  degree);  section  150.10  (arson  in  the third degree); section 150.15
    21  (arson in the  second  degree);  section  150.20  (arson  in  the  first
    22  degree);  section  155.25 (petit larceny); section 155.30 (grand larceny
    23  in the fourth degree);  section  155.35  (grand  larceny  in  the  third
    24  degree);  section  155.40  (grand larceny in the second degree); section
    25  155.42 (grand larceny in the first degree); section 160.05  (robbery  in
    26  the  third  degree);  section  160.10  (robbery  in  the second degree);
    27  section 160.15 (robbery in the first degree); section 240.25 (harassment
    28  in the first degree); subdivision one, two or  four  of  section  240.30
    29  (aggravated harassment in the second degree); or any attempt or conspir-
    30  acy to commit any of the foregoing offenses.
    31    §  2.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.