What's happening
This bill expands hate crime protections by including religious community centers as public places and adds certain false reporting offenses to hate crime statutes.
Why it matters
Expanding the definition of “public place” to include community centers with a religious affiliation. allows law enforcement and prosecutors to address offenses such as disorderly conduct or harassment at these centers with the same tools used for other public spaces, potentially increasing protection for vulnerable religious communities.
Adding specific false reporting crimes (falsely reporting incidents and placing a false bomb or hazardous substance) to the list of hate crime-eligible offenses. targets a pattern of threats and hoaxes that disrupt and intimidate religious or minority communities, making it clear that such actions can be prosecuted more severely when motivated by bias.
These changes could deter individuals from targeting religious community centers with threats or harassment, knowing that such actions will be treated as hate crimes and carry enhanced penalties. , which may provide greater security and reassurance to community members.
By updating the legal definitions and enumerating additional offenses, the bill closes gaps in existing hate crime statutes. , ensuring that a broader range of hostile acts, especially those designed to threaten or terrorize through false reports, are recognized and prosecuted as hate crimes.
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Who cares
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Include Religious Centers as Public
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2491
2019-2020 Regular Sessions
IN ASSEMBLY
January 23, 2019
Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to including community centers with a religious affiliation in the definition of public place for purposes of offenses against public order and including falsely reporting an incident and placing a false bomb or hazardous substance in the definition of specified offense for the purpose of hate crimes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 240.00 of the penal law, as amended by chapter 167 of the laws of 2017, is amended to read as follows:
1. "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, community centers with a religious affiliation, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
§ 2. Subdivision 3 of section 485.05 of the penal law, as amended by section 9 of part NN of chapter 55 of the laws of 2018, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following provisions of this chapter: 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); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04603-01-9
A. 2491 2
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 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 third degree); section 135.61 (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); section 240.55 (falsely reporting an incident in the second degree); section 240.60 (falsely reporting an incident in the first degree); section 240.62 (placing a false bomb or hazardous substance in the first degree); or any attempt or conspiracy to commit any of the foregoing offenses.
§ 3. This act shall take effect immediately.
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