Requires the district attorney to file information with the accusatory instrument when certain crimes are committed against a woman and it is not charged as a hate crime

BILL NUMBER:S3204

Title of bill

An act to amend the criminal procedure law, in relation to filing information with the accusatory instrument where the district attorney does not charge a person with a hate crime when certain offenses are committed against female victims

Purpose

This bill requires the District Attorney to file information with the accusatory instrument when certain crimes are committed against a woman and are not charged as a hate crime.

Summary of provisions

Section 1: The criminal procedure law is amended by adding a new section 100.60 which adds:

(1) reporting by the district attorney in certain cases. When a speci- fied offense is committed against a female victim, the district attorney shall set forth reasoning for not charging the defendant with a hate crime.

(2) Information required by this subdivision shall be filed with the accusatory instrument.

(3) Defines "specific offense"

Section 2: This act shall take effect on the 90th after it shall become law.

Existing law

This is a new bill.

Justification

Recently there has been an increasing wave of brutal attacks on women in New York. Nationally, there are about 1.3 million women who fall victim to physical assault at the hands of intimate part- ners each year, according to the National Coalition Against Domestic Violence.

Hate crimes, which occur when victims are targeted for reasons such as their race, gender, religion, or nationality, give rise to harsher sentences than the same crimes committed for different reasons. We must ensure those who commit these horrendous acts of crime are punished to the fullest extent of the law.

Legislative history

2011-12: S.3436/A.3589 - Referred to Codes

Fiscal implications

None to the state.

Effective date

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