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 printed,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 ASSEMBLY,
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:
1. 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, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter
in brackets[ ] is old law to be omitted.
LBD04281-04-7
S. 1114--A 2
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
ENFORCEMENT AGENCY, COUNTY OR STATE CORRECTIONAL OFFICER, FIRE MARSHAL OR
COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
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 PERSONNEL OF A SERVICE OR AGENCY, WHETHER PAID OR
VOLUNTEER, ENGAGED IN PROVIDING INITIAL EMERGENCY MEDICAL ASSISTANCE, INCLUDING
BUT NOT LIMITED TO FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS AND ADVANCED
EMERGENCY MEDICAL TECHNICIANS.
32 S 2. This act shall take effect immediately.
