Relates to hate crimes sentencing

27 Co-sponsors

• Robert Reilly
• Sam Hoyt
• Harvey Weisenberg
• William Boyland
• Alan Maisel
• Joan Christensen
• Matthew Titone
• Audrey Pheffer
• Aileen Gunther
• Mike Spano
• Vanessa Gibson
• Steven Cymbrowitz
• Nelson Castro
• Vivian Cook
• Adriano Espaillat
• Albert A. Stirpe
• Michele Titus
• Naomi Rivera
• Janele Hyer-Spencer
• Linda Rosenthal
• Ellen C. Jaffee
• Carmen E. Arroyo
• Hakeem Jeffries
• Sandy Galef
• Earlene Hooper
• Jose Rivera
• Michael G. Miller

12 Multi-sponsors

• Peter Abbate
• Jeffrion Aubry
• Marcos Crespo
• Francine DelMonte
• RoAnn Destito
• Deborah Glick
• Susan John
• Rory Lancman
• Margaret Markey
• Nettie Mayersohn
• John McEneny
• Helene Weinstein

BILL NUMBER:A9220A

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 develop- ment 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 agen- cies 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 prosecu- tors 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.