Bill S7575-2009

Relates to hate crimes sentencing

Relates to hate crimes sentencing; provides that a court may require as a part of the sentence imposed upon a person convicted of a hate crime that the person complete a program, training session or counseling session directed at hate crime prevention.

Details

Actions

  • May 11, 2010: SUBSTITUTED BY A9220A
  • May 10, 2010: ADVANCED TO THIRD READING
  • May 5, 2010: 2ND REPORT CAL.
  • May 4, 2010: 1ST REPORT CAL.501
  • Apr 23, 2010: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 4, 2010
Ayes (16): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron, Volker, Saland, DeFrancisco, Bonacic, Golden, Lanza, Flanagan

Memo

 BILL NUMBER:  S7575

TITLE OF BILL : An act to amend the penal law and the executive law, in relation to cases involving hate crimes

PURPOSE : This bill would allow courts to require, as part of a sentence imposed upon a person convicted of a hate crime, that such defendant complete a program, training session or counseling session directed at hate crime prevention and education. This bill would expand the development and provision of continuing legal education, training, advice and assistance for prosecutors to include the prosecution of hate crimes.

SUMMARY OF SPECIFIC PROVISIONS : Section 1 amends the penal law to authorize courts to require, as part of a sentence imposed upon a person convicted of a hate crime, that such defendant complete a program, training session or counseling session directed at hate crime prevention and education, where a court finds such program or session is available and applicable. Such program, training session or counseling session will be developed or authorized by the sentencing court or local agencies in conjunction with community organizations affected by such hate crime.

Section 2 amends the executive law to provide for the expansion of the Division of Criminal Justice Services development and provision of continuing legal education, training, advice and assistance for prosecutors to include training on the prosecution of hate crimes.

JUSTIFICATION : When defendants are convicted of "hate crimes", victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Hate crimes have a significant impact on victims in that they threaten the safety and welfare of all citizens, and inflict incalculable physical and emotional damage on those that are victimized. As seen with recent publicized cases in the media, current law does not adequately recognize the harm that hate crimes cause to individual safety. Therefore. our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence through education, training, and counseling in cooperation with organizations serving affected communities.

In fact, recommendations contained in a recent report by the Leadership Conference on Civil Rights indicated that the federal government has a central role in to play in funding anti-bias education and hate crime prevention initiatives, as well as promoting awareness of effective anti-bias education initiatives.

PRIOR LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 7575 IN SENATE April 23, 2010 ___________
Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the executive law, in relation to cases involving hate crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 485.10 of the penal law is amended by adding a new subdivision 5 to read as follows: 5. IN ADDITION TO ANY OF THE DISPOSITIONS AUTHORIZED BY THIS CHAPTER, THE COURT MAY REQUIRE AS PART OF THE SENTENCE IMPOSED UPON A PERSON CONVICTED OF A HATE CRIME PURSUANT TO THIS ARTICLE, THAT THE DEFENDANT COMPLETE A PROGRAM, TRAINING SESSION OR COUNSELING SESSION DIRECTED AT HATE CRIME PREVENTION AND EDUCATION, WHERE THE COURT DETERMINES SUCH PROGRAM, TRAINING SESSION OR COUNSELING SESSION IS APPROPRIATE, AVAIL- ABLE AND WAS DEVELOPED OR AUTHORIZED BY THE COURT OR LOCAL AGENCIES IN COOPERATION WITH ORGANIZATIONS SERVING THE AFFECTED COMMUNITY. S 2. Subdivision 7 of section 837-a of the executive law, as added by chapter 1 of the laws of 1995, is amended to read as follows: 7. Contract with an organization having substantial knowledge and experience in the prosecution of serious criminal matters for the devel- opment and provision of continuing legal education, training, advice and assistance for prosecutors in the prosecution of capital cases AND HATE CRIMES. S 3. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus