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S6315Senate2013-2014 SessionSame asA8609

Includes aggravated harassment in the first degree under a specified offense

Sponsor Lee M. ZeldinSD-3+2 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
Lee M. Zeldin

Senator · Senate District 3

Chair, Consumer Protection

History

  1. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8609Assembly

Includes aggravated harassment in the first degree under a specified offense

In Assembly Committee · Codes · Sponsor Philip Ramos

Full text

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

Sponsor's memo

BILL NUMBER:S6315

Title of bill

An act to amend the penal law, in relation to a specified offense

Purpose of bill

The purpose of this bill is to include aggravated harassment in the first degree as a specified offense within the context of hate crimes.

Summary of provisions

Section One amends subdivision three of section 485.05 of the penal law, pertaining to hate crimes, by adding the crime of aggravated harassment in the first degree to the list of specified offenses for which a hate crime categorization would apply.

Section Two is the effective date.

Justification

Pursuant to the penal law, a hate crime is committed when a defendant commits a specified offense and either intentionally selects their victim or commits a criminal act because of a belief or perception regarding their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. A crime committed under these circumstances is considered a hate crime under the law regardless of whether the belief or perception is correct. A person convicted of a specified offense, who is found to have committed such offense for one of the foregoing reasons, is subject to harsher criminal penalties under the law and specific sentencing/release guidelines.

Aggravated harassment in the first degree is defined as damaging a premises primarily used for religious purposes, multiple convictions of penal law section 240.30(3), etching, painting, drawing or otherwise placing a swastika or noose on the property of another, or setting a cross on fire in public view, with the intent to harass, annoy, threaten or alarm another person because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. While aggravated harassment crimes are committed for the same spiteful reasons that other classified hate crimes are committed, resources and remedies specifically allocated to deter hate crimes and rehabilitate or punish hate crime offenders are not available in instances of these criminal acts for the mere fact that it is not categorized as a specific offense.

Fiscal implications

None to the state.

Prior legislative history

New bill.

Effective date

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

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