Relates to the issuance of protective orders in cases involving hate crimes and upon release of a convicted hate crime perpetrator, and authorizes the imposition of additional sentencing conditions

1 Co-sponsor

• Antoine M. Thompson

Title of bill

An act to amend the penal law and the correction law, in relation to the issuance of protective orders during the disposition of cases involving hate crimes and upon release of a convicted hate crime perpetrator, and authorizing the imposition of additional sentencing conditions

Purpose/general idea of bill

Amends the Criminal Procedure law to authorize criminal courts to issue orders of protection for victims of hate crimes during the disposition of the case, and if convicted and/or sentenced to prison, whenever such perpetrators are released from state custody. A protective order protects victims from further acts of violence, threats, stalking and harassment by their former perpetrator. This bill would require hate crime perpetrators to stay away from their victims and would inform victims' families of their release from state institutions.

Justification

Orders of protection, currently issued by the Family, Criminal and Supreme Courts are vital tools for both domestic violence and stalking victims, providing protection and ensuring that violations result in the immediate arrest of the abuser or stalker. Recent legislative changes have further increased the value of orders of protection by providing for more severe penalties when such orders are violated.

Many domestic violence victims relate the terror of living in their homes with expired orders of protection knowing their abusers are being released from prison, while others tell of the harassment that ensues the day an order of protection expires. This same fear exists in the minds of victims of hate crimes. When defendants are convicted of "hate crimes", its 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 do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage. As seen with recent publicized cases in the media, current law does not adequately recognize the harm to individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence.

Upon release of the perpetrator, the victim may live in fear that the perpetrator will commit further acts of retribution - any act that may further' demonstrate the hatred that caused the initial act of crime and for that very reason was classified as a hate crime. A protective order during the disposition of the case and upon release of a convicted hate crime perpetrator would protect hate crime victims from possible further acts of violence, threats, stalking and harassment by their former perpetrator. Other states have enacted similar provisions to provide increased and continued protection for both domestic violence and hate crime victims. This bill is the next necessary step in the state's continued commitment to protect hate crime victims and their families while holding offenders accountable for their crimes.

Fiscal implications

None.

Effective date

First of November next succeeding the date it becomes law.