NY State Senate Bill 2017-S1114A (original) (raw)
2017-S1114 - Details
See Assembly Version of this Bill:
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016:S8212
2019-2020:S335, A5065
2021-2022:S1917
2023-2024:S5339
2017-S1114 - Summary
Designates offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes.
2017-S1114 - Sponsor Memo
2017-S1114 - Bill Text download pdf
S T A T E O F N E W Y O R K 1114
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________Introduced by Sens. AKSHAR, GALLIVAN, GOLDEN, AVELLA, LARKIN, RITCHIE -- 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:
Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as added by chapter 107 of the laws of 2000, are amended to read as follows:
- A person commits a hate crime when he or she commits a specified offense and either: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding (I) the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person OR (II) BECAUSE OF ACTUAL OR PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER OR AS EMERGENCY MEDICAL SERVICES PERSONNEL, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding (I) the race, color, national origin, ancestry, gender, religion, reli- gious practice, age, disability or sexual orientation of a person OR (II) BECAUSE OF ACTUAL OR PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER OR AS EMERGENCY MEDICAL SERVICES PERSONNEL, regardless of whether the belief or perception is correct. (C) PROVIDED, HOWEVER, SUBPARAGRAPH (II) OF PARAGRAPH (A) AND SUBPARA- GRAPH (II) OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY WHERE THE SPECIFIED OFFENSE IS COMMITTED BY AN INMATE IN A CORRECTIONAL FACIL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD04281-03-7S. 1114 2
ITY AGAINST A COUNTY OR STATE CORRECTIONAL OFFICER OR FEDERAL LAW ENFORCEMENT OFFICER OR EMPLOYEE WHOSE PERMANENT DUTIES INCLUDE THE CARE, CUSTODY, CONTROL OR SUPERVISION OF INMATES. 2. Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation OR EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER OR AS EMERGENCY MEDICAL SERVICES PERSONNEL of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section. 4. For purposes of this section: (a) the term "age" means sixty years old or more; (b) the term "disability" means a physical or mental impairment that substantially limits a major life activity[.]; (C) THE TERM "LAW ENFORCEMENT OFFICER" MEANS ANY ACTIVE OR RETIRED CITY OR STATE LAW ENFORCEMENT OFFICER, PEACE OFFICER, SHERIFF, DEPUTY SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL, DEPUTY, WILDLIFE ENFORCE- MENT AGENCY, COUNTY OR STATE CORRECTIONAL OFFICER, FIRE MARSHAL OR COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION, AS WELL AS ANY FEDERAL LAW ENFORCEMENT OFFICER OR EMPLOYEE, WHOSE PERMANENT DUTIES INCLUDE MAKING ARRESTS, PERFORMING SEARCH AND SEIZURES, EXECUTION OF CRIMINAL ARREST WARRANTS, EXECUTION OF CIVIL SEIZURE WARRANTS, ANY CIVIL FUNCTIONS PERFORMED BY SHERIFFS OR DEPUTY SHERIFFS, ENFORCEMENT OF PENAL OR TRAFFIC LAWS, OR THE CARE, CUSTODY, CONTROL OR SUPERVISION OF INMATES; (D) THE TERM "FIREFIGHTER" MEANS (I) ANY FIREFIGHTER REGULARLY EMPLOYED BY A FIRE DEPARTMENT OF ANY MUNICIPALITY OF THE STATE OF NEW YORK AND (II) ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW; AND (E) THE TERM "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS THE PERSON- NEL OF A SERVICE OR AGENCY, WHETHER PAID OR VOLUNTEER, ENGAGED IN PROVIDING INITIAL EMERGENCY MEDICAL ASSISTANCE, INCLUDING BUT NOT LIMIT- ED TO FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS AND ADVANCED EMER- GENCY MEDICAL TECHNICIANS. § 2. This act shall take effect immediately.
2017-S1114A (ACTIVE) - Details
See Assembly Version of this Bill:
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016:S8212
2019-2020:S335, A5065
2021-2022:S1917
2023-2024:S5339
2017-S1114A (ACTIVE) - Summary
Designates offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes.
2017-S1114A (ACTIVE) - Sponsor Memo
2017-S1114A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K 1114--A
2017-2018 Regular Sessions
I N S E N A T E
January 6, 2017
___________Introduced by Sens. AKSHAR, GALLIVAN, GOLDEN, AVELLA, CROCI, HANNON, LARKIN, MURPHY, ORTT, RITCHIE, ROBACH -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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:
Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as added by chapter 107 of the laws of 2000, are amended to read as follows:
- A person commits a hate crime when he or she commits a specified offense and either: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding (I) the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person OR (II) BECAUSE OF ACTUAL OR PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER OR AS EMERGENCY MEDICAL SERVICES PERSONNEL, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding (I) the race, color, national origin, ancestry, gender, religion, reli- gious practice, age, disability or sexual orientation of a person OR (II) BECAUSE OF ACTUAL OR PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER OR AS EMERGENCY MEDICAL SERVICES PERSONNEL, regardless of whether the belief or perception is correct.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04281-04-7
S. 1114--A 2
- Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation OR EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER OR AS EMERGENCY MEDICAL SERVICES PERSONNEL of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section.
- For purposes of this section: (a) the term "age" means sixty years old or more; (b) the term "disability" means a physical or mental impairment that substantially limits a major life activity[.]; (C) THE TERM "LAW ENFORCEMENT OFFICER" MEANS ANY ACTIVE OR RETIRED CITY OR STATE LAW ENFORCEMENT OFFICER, PEACE OFFICER, SHERIFF, DEPUTY SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL, DEPUTY, WILDLIFE ENFORCE- MENT AGENCY, COUNTY OR STATE CORRECTIONAL OFFICER, FIRE MARSHAL OR COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION, AS WELL AS ANY FEDERAL LAW ENFORCEMENT OFFICER OR EMPLOYEE, WHOSE PERMANENT DUTIES INCLUDE MAKING ARRESTS, PERFORMING SEARCH AND SEIZURES, EXECUTION OF CRIMINAL ARREST WARRANTS, EXECUTION OF CIVIL SEIZURE WARRANTS, ANY CIVIL FUNCTIONS PERFORMED BY SHERIFFS OR DEPUTY SHERIFFS, ENFORCEMENT OF PENAL OR TRAFFIC LAWS, OR THE CARE, CUSTODY, CONTROL OR SUPERVISION OF INMATES; (D) THE TERM "FIREFIGHTER" MEANS (I) ANY FIREFIGHTER REGULARLY EMPLOYED BY A FIRE DEPARTMENT OF ANY MUNICIPALITY OF THE STATE OF NEW YORK AND (II) ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW; AND (E) THE TERM "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS THE PERSON- NEL OF A SERVICE OR AGENCY, WHETHER PAID OR VOLUNTEER, ENGAGED IN PROVIDING INITIAL EMERGENCY MEDICAL ASSISTANCE, INCLUDING BUT NOT LIMIT- ED TO FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS AND ADVANCED EMER- GENCY MEDICAL TECHNICIANS. § 2. This act shall take effect immediately.
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