Bill S6315-2013

Includes aggravated harassment in the first degree under a specified offense

Includes aggravated harassment in the first degree under a specified offense.

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  • Jan 14, 2014: REFERRED TO CODES

Memo

BILL NUMBER:S6315

TITLE OF BILL: An act to amend the penal law, in relation to a specified offense

PURPOSE OF BILL:

The purpose of this bill is to include aggravated harassment in the first degree as a specified offense within the context of hate crimes.

SUMMARY OF PROVISIONS:

Section One amends subdivision three of section 485.05 of the penal law, pertaining to hate crimes, by adding the crime of aggravated harassment in the first degree to the list of specified offenses for which a hate crime categorization would apply.

Section Two is the effective date.

JUSTIFICATION:

Pursuant to the penal law, a hate crime is committed when a defendant commits a specified offense and either intentionally selects their victim or commits a criminal act because of a belief or perception regarding their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. A crime committed under these circumstances is considered a hate crime under the law regardless of whether the belief or perception is correct. A person convicted of a specified offense, who is found to have committed such offense for one of the foregoing reasons, is subject to harsher criminal penalties under the law and specific sentencing/release guidelines.

Aggravated harassment in the first degree is defined as damaging a premises primarily used for religious purposes, multiple convictions of penal law section 240.30(3), etching, painting, drawing or otherwise placing a swastika or noose on the property of another, or setting a cross on fire in public view, with the intent to harass, annoy, threaten or alarm another person because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. While aggravated harassment crimes are committed for the same spiteful reasons that other classified hate crimes are committed, resources and remedies specifically allocated to deter hate crimes and rehabilitate or punish hate crime offenders are not available in instances of these criminal acts for the mere fact that it is not categorized as a specific offense.

FISCAL IMPLICATIONS:

None to the state.

PRIOR LEGISLATIVE HISTORY:

New bill.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 6315 IN SENATE January 14, 2014 ___________
Introduced by Sens. ZELDIN, MAZIARZ, RANZENHOFER -- 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 a specified offense THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 485.05 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows: 3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endan- germent in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- vision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree);
section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivi- sion one, two or four of section 240.30 (aggravated harassment in the second degree); SECTION 240.31 (AGGRAVATED HARASSMENT IN THE FIRST DEGREE); or any attempt or conspiracy to commit any of the foregoing offenses. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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