What's happening
This bill adds gang assault in the first and second degree to the list of offenses classified as hate crimes in New York.
Why it matters
Expands the scope of potential hate crimes prosecutions. By adding gang assault in the first and second degree to the list of specified offenses, prosecutors can pursue hate crime charges—and the enhanced penalties that come with them—in more cases involving group violence.
Addresses the intersection of organized group violence and bias-motivated attacks. The amendment recognizes that gang assaults may be carried out with bias motives (such as race, religion, or sexual orientation), and ensures the law reflects this reality by making such acts eligible for hate crime classification.
Increases penalties and societal condemnation for group-based, bias-driven violence. Hate crime convictions often carry more severe sentences and signal greater societal disapproval. Including gang assault sends a strong message that group attacks motivated by bias are especially egregious.
May affect victims, defendants, and communities differently. For victims, this change can provide a sense of justice and recognition of the bias aspect of their assault. For defendants, it introduces the possibility of harsher penalties if bias is proven. For communities, it could be seen as a deterrent or as a means of acknowledging the seriousness of hate-fueled group violence.
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Who cares
Headline styles
Make Gang Assault Hate Crime
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
228
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to classifying gang assault in the first degree and gang assault in the second degree as 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 120.06 (gang assault in the second degree); section 120.07 (gang assault in the first 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05446-01-9
S. 228 2
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); or any attempt or conspiracy to commit any of the foregoing offenses.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to classifying gang assault in the first degree and gang assault in the second degree as hate crimes
Purpose or general idea of bill
Adds the crime of gang assault to the list of crimes which are prosecut- able under the hate crimes law.
Summary of specific provisions
Section 1 amends subdivision 3 of section 485.05 of the penal law to add sections 120.06 (gang assault in the second degree) and 120.07 (gang assault in the first degree) of the penal law to the list of specified offenses which are included in the hate crimes law.
Section 2 establishes an immediate effective date.
Justification
New York State's hate crimes law enhances penalties for crimes which are committed against individuals based wholly or substantially upon the individual's race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation. This section of law is crucial to ensuring legal protection for vulnerable segments of our population.
On October 3rd, 2010, three Bronx men were savagely beaten, tortured, and robbed by a group of nine young men. The group carried out the attack because they suspected the three victims to be gay. They took the victims back to an apartment in the Bronx, where they stripped them of their clothes and carried out a vicious series of assaults with various implements, including a baseball bat, a box cutter, a plunger handle, and lit cigarettes.
On February 20th, 2014, the assailants were given sentences of varying lengths for their crimes. The leader of the assaults was sentenced to 14 years in prison on one count of gang assault in the first degree. However, prosecutors had initially sought to charge the leader and the other assailants with a hate crime. Due to the fact that the charge of gang assault is not included in New York's hate crimes law, they were unable to elevate the assailants' sentences to a higher category and did not pursue a hate crime charge because they would not have been able to secure an elevated sentence.
This bill would add language including the offenses of gang assault in the first degree and gang assault in the second degree to New York's hate crimes law. This will ensure that any gang assaults which are based wholly or substantially on an individual's race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation can be prosecuted under the hate crimes law and result in an elevated sentence.
Prior legislative history
S.0115 of 2017-2018 (Hoylman): Died in Codes S.497 of 2015-2016 (Hoylman): Passed Senate (2015)/Died in Codes (2016) S.7093 of 2014 (Hoylman): Passed Senate A.10074 of 2014 (O'Donnell): Died in Codes
Fiscal implications
None to the state.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.