What's happening
This bill adds falsely reporting an incident to the list of offenses that can be prosecuted as hate crimes in New York.
Why it matters
Expands hate crime protections to include non-violent, but serious, false reports. By adding falsely reporting an incident to the list of “specified offenses,” the bill recognizes the harm such reports can cause to targeted individuals or groups, especially when motivated by bias or prejudice.
Addresses high-profile misuse of emergency services for discriminatory purposes. The bill directly responds to incidents where people have called police on others based on race, religion, or other protected characteristics, and ensures these acts can be prosecuted with the added weight of hate crime charges.
Potentially increases penalties and deterrence for bias-motivated false reports. Reclassifying these false reports as possible hate crimes means harsher sentencing and stronger deterrence, signaling that weaponizing law enforcement against minority groups is a serious offense.
Broadened scope for prosecutors and law enforcement. The bill gives authorities more tools to pursue justice in situations where false reports are used to intimidate, harass, or threaten protected groups, potentially leading to greater accountability for perpetrators.
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Who cares
Headline styles
Add Hate Crime to False Reports
Plain English, a few words. Used as the page title.
Sponsors
30 Co-sponsors
- Tremaine Wright
- Pamela J. Hunter
- Michael Blake
- Victor M. Pichardo
- Walter T. Mosley
- Nathalia Fernandez
- Karines Reyes
- Mathylde Frontus
- Alicia Hyndman
- Maritza Davila
- Michael DenDekker
- Sandy Galef
- Aravella Simotas
- Rebecca Seawright
- Richard Gottfried
- Charles Barron
- Jeffrion Aubry
- Robert C. Carroll
- David Gantt
- Yuh-Line Niou
- Jo Anne Simon
- Marcos Crespo
- Inez E. Dickens
- Diana Richardson
- Rodneyse Bichotte Hermelyn
- Deborah Glick
- Robert J. Rodriguez
- Latoya Joyner
- Judy Griffin
- Ron Kim
1 Multi-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
3566
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to including falsely reporting an incident as a specified offense for the purposes of hate crimes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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 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);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06270-01-9
A. 3566 2
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 240.50 (falsely reporting an incident in the third degree); section 240.55 (falsely reporting an incident in the second degree); section 240.60 (falsely reporting an incident in the first degree); or any attempt or conspiracy to commit any of the foregoing offenses.
§ 2. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
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