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A8590Assembly2009-2010 Session

Presumptive evidence of hate crimes

Sponsor Earlene HooperAD-18Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Earlene Hooper

Assembly Member · Assembly District 18

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A8590

Title of bill

An act to amend the penal law, in relation to presump- tive evidence of hate crimes

Purpose

Change New York State's Hate Crime Law in order to facilitate law enforcement's ability to promptly charge a hate crime after an initial investigation. A recent incident involving the vicious assault of an African-American man in the community of Roosevelt illustrates the need for an amendment to the statute. A presumption added to Penal Law 485.05 to provide that if during the commission of the one of the enumerated crimes hateful language, i.e. racial or ethnic slurs, is verbally communicated by the suspect; a Hate Crime may be summarily charged by the police.

Summary of provisions

Penal Law 485.05 be amended by adding the following provision:

485.05 Hate Crimes Presumption

During the commission of a "Specified Offense" as listed in the 485 section of the New New York State Hate Crime Law it will be presumptive evidence of hate crime motivation for this section if the offender verbally utilizes any of the commonly known Profane slurs or biased language used to describe the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orien- tation of the victim.

The inflammatory language used in these types of crimes creates unrest in our communities. This change would be significant in improving police relations with all our communities by sending a strong message that bias typed behavior will not be tolerated, especially during the commission of such serious type crimes.

Justification

The proposed amendment would make it the defendant's burden to disprove that given the hateful language used, bias was not a primary or significant motivating factor in committing the crime. These would be important issues for a court to review. Hate crimes motivated by invidious hatred toward a particular group need to be recognized and properly brought before a court. The amendment will for more cases to be charged by the police as Hate Crimes and be considered by criminal courts for the imposition of greater punishment.

Legislative history

New Bill

Fiscal implications

None to the State

Effective date

This act shall take effect immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.