What's happening
This bill requires district attorneys to explain in writing why hate crime charges are not filed when certain offenses are committed against female victims.
Why it matters
Increases transparency and accountability for prosecutors. By requiring district attorneys to provide written explanations when they decline to pursue hate crime charges for certain offenses against female victims, the bill ensures that these decisions are documented and can be reviewed.
Highlights potential gender bias in prosecution. The legislation brings attention to the treatment of crimes against women, particularly whether gender-based animus is being adequately recognized and prosecuted under hate crime statutes.
Covers a broad range of serious offenses. The bill applies to numerous violent and non-violent crimes (e.g., assault, sexual offenses, kidnapping, burglary, arson, larceny, harassment), meaning its impact could be widespread and affect many criminal cases involving female victims.
May lead to improved data on hate crimes against women. By creating a formal record of when and why hate crime charges are not pursued, the legislation could provide valuable information for policymakers, advocates, and the public on the prevalence and handling of gender-based hate crimes.
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Who cares
District attorneys
They would have to file their reasons for not charging a hate crime alongside the accusatory instrument when a listed offense is committed against a female victim.
Female crime victims
In cases involving listed offenses, including assault, stalking and certain sexual offenses, prosecutors would have to document why they are not pursuing hate-crime charges.
Criminal defense attorneys
They would receive a charging record that includes the prosecutor’s reasons for declining hate-crime charges in covered cases.
Headline styles
Explain Not Charging Hate Crimes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2855
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 100.60 to read as follows: § 100.60 Reporting by the district attorney in certain cases.
1. When a specified offense is committed against a female victim, the district attorney shall set forth their reasoning for not charging the defendant with a hate crime prosecutable under section 485.05 of the penal law.
2. Information required by subdivision one of this section shall be filed with the accusatory instrument, as defined by section 1.20 of this chapter.
3. A "specified offense" is an offense defined by any of the following provisions of the penal law: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07401-01-7
S. 2855 2
degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 specified 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 partners 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
2015-16: S.2892 - Referred to Codes 2013-14: S.3204 - Referred to Codes 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.