STATE OF NEW YORK ________________________________________________________________________ 10979 IN ASSEMBLY September 9, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dickens) -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 485.05 of the penal law, as 2 amended by chapter 8 of the laws of 2019, is amended to read as follows: 3 2. Proof of race, color, national origin, ancestry, gender, gender 4 identity or expression, religion, religious practice, age, disability or 5 sexual orientation of the defendant, the victim or of both the defendant 6 and the victim [~~does not, by itself, constitute legally sufficient~~ 7 ~~evidence satisfying~~] creates a rebuttable presumption of evidence and 8 prima facie case sufficient to satisfy the people's burden upon such 9 element of the crime, animus, under paragraph (a) or (b) of subdivision 10 one of this section. 11 § 2. Subdivisions 3 and 4 of section 485.10 of the penal law, as added 12 by chapter 107 of the laws of 2000, are amended to read as follows: 13 3. Notwithstanding any other provision of law, when a person is 14 convicted of a hate crime pursuant to this article and the specified 15 offense is a class B felony: 16 (a) the maximum term of the indeterminate sentence must be at least 17 [~~six~~] ten years if the defendant is sentenced pursuant to section 70.00 18 of this chapter; 19 (b) the term of the determinate sentence must be at least [~~eight~~] ten 20 years if the defendant is sentenced pursuant to section 70.02 of this 21 chapter; 22 (c) the term of the determinate sentence must be at least [~~twelve~~] 23 fifteen years if the defendant is sentenced pursuant to section 70.04 of 24 this chapter; 25 (d) the maximum term of the indeterminate sentence must be at least 26 [~~four~~] six years if the defendant is sentenced pursuant to section 70.05 27 of this chapter; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16591-02-0

A. 10979 2 1 (e) the maximum term of the indeterminate sentence or the term of the 2 determinate sentence must be at least [~~ten~~] fifteen years if the defend- 3 ant is sentenced pursuant to section 70.06 of this chapter. 4 4. Notwithstanding any other provision of law, when a person is 5 convicted of a hate crime pursuant to this article and the specified 6 offense is a class A-1 felony, the minimum period of the indeterminate 7 sentence shall be not less than [~~twenty~~] twenty-five years. 8 § 3. Subdivision 5 of section 485.10 of the penal law, as added by 9 chapter 158 of the laws of 2010, is amended to read as follows: 10 5. In addition to any of the dispositions authorized by this chapter, 11 the court [~~may~~] shall require as part of the sentence imposed upon a 12 person convicted of a hate crime pursuant to this article, that the 13 defendant complete a program, training session or counseling session 14 directed at hate crime prevention and education, where the court deter- 15 mines such program, training session or counseling session is appropri- 16 ate, available and was developed or authorized by the court or local 17 agencies in cooperation with organizations serving the affected communi- 18 ty. 19 § 4. Section 485.10 of the penal law is amended by adding a new subdi- 20 vision 6 to read as follows: 21 6. The court shall impose a monetary fine that equates the cost of 22 prosecution. 23 § 5. This act shall take effect July 1, 2020.

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