What's happening
This bill adds offenses against law enforcement, firefighters, and emergency medical services personnel to the list of hate crimes in New York.
Why it matters
Expands the definition of hate crimes. to include offenses motivated by the victim's actual or perceived employment as law enforcement, firefighter, or emergency medical services (EMS) personnel—treating attacks on these groups similarly to those based on race, religion, or other protected characteristics.
Increases potential penalties. for crimes against police, firefighters, and EMS personnel if it’s proven the offense was motivated by their profession, since hate crimes often carry enhanced sentencing.
Applies to a broad range of personnel. , including both active and retired law enforcement, correctional officers, federal officers, paid and volunteer firefighters, and all EMS providers, potentially impacting prosecutions statewide.
Raises questions about the traditional purpose of hate crime laws. , which were designed to protect historically marginalized groups, and may shift the focus toward protecting public safety workers, sparking debate about the role and scope of hate crime statutes.
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Headline styles
Protect First Responders as Hate Crime
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- 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.
Make Attacks on First Responders Hate Crimes
In Senate Committee · Codes · Sponsor Fredrick J. Akshar II
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5065
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. ABBATE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to designating offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as added by chapter 107 of the laws of 2000, are amended to read as follows:
1. A person commits a hate crime when he or she commits a specified offense and either:
(a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding (i) the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person or (ii) because of actual or perceived employment as a law enforcement officer, a firefighter or as emergency medical services personnel, regardless of whether the belief or perception is correct, or
(b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding (i) the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person or (ii) because of actual or perceived employment as a law enforcement officer, a firefighter or as emergency medical services personnel, regardless of whether the belief or perception is correct.
2. Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation or employment as a law enforcement officer, a firefighter or as emergency medical services personnel of the defendant, the victim or of both the defendant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05181-01-9
A. 5065 2
and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section.
4. For purposes of this section:
(a) the term "age" means sixty years old or more;
(b) the term "disability" means a physical or mental impairment that substantially limits a major life activity[.];
(c) the term "law enforcement officer" means any active or retired city or state law enforcement officer, peace officer, sheriff, deputy sheriff, probation or parole officer, marshal, deputy, wildlife enforcement agency, county or state correctional officer, fire marshal or commissioned agent of the department of corrections and community supervision, as well as any federal law enforcement officer or employee, whose permanent duties include making arrests, performing search and seizures, execution of criminal arrest warrants, execution of civil seizure warrants, any civil functions performed by sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or the care, custody, control or supervision of inmates;
(d) the term "firefighter" means (i) any firefighter regularly employed by a fire department of any municipality of the state of New York and (ii) any volunteer firefighter as defined in subdivision one of section three of the volunteer firefighters' benefit law; and
(e) the term "emergency medical services personnel" means the personnel of a service or agency, whether paid or volunteer, engaged in providing initial emergency medical assistance, including but not limited to first responders, emergency medical technicians and advanced emergency medical technicians.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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