What's happening
This bill expands hate crime protections to include offenses committed against law enforcement officers, firefighters, and emergency medical services personnel.
Why it matters
Expanding hate crime protections to first responders could increase penalties for offenses specifically targeting these groups, potentially acting as a stronger deterrent against attacks.
Including law enforcement, firefighters, and EMS personnel among protected categories may shift public and legal perceptions, framing assaults or harassment against them as not only criminal but also akin to bias-motivated hate crimes.
This change could impact prosecution and sentencing, making it easier for prosecutors to seek enhanced charges if they can show that a crime was motivated by hostility towards the victim's occupation in these fields.
By equating attacks on public safety workers with hate crimes based on identity factors like race or religion, the bill may provoke debate about the scope and focus of hate crime laws and how society prioritizes different forms of targeted violence.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Make Attacks on First Responders Hate Crimes
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Reported and committed to judiciary
- Notice of committee consideration - requested
- 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.
Protect First Responders as Hate Crime
In Assembly Committee · Codes · Sponsor Peter Abbate
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
335
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. AKSHAR -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05181-01-9
S. 335 2
services personnel of the defendant, the victim or of both the defendant 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to desig- nating offenses against law enforcement officers, firefighters and emer- gency medical services personnel as hate crimes
Purpose
TO CLASSIFY ALL OFFENSES AGAINST FIRST RESPONDERS SUCH AS LAW ENFORCE- MENT OFFICERS, FIREFIGHTERS, AND EMERGENCY SERVICES PERSONNEL AS HATE CRIMES.
Summary of provisions
SECTION 1 AMENDS SUBDIVISIONS 1, 2, AND 4 OF SECTION 485.05 OF THE PENAL LAW, AS ADDED BY CHAPTER 107 OF THE LAWS OF 2000.
Read the full memo (648 words)
PARAGRAPHS (A) AND (B) OF SECTION 1, STATES THAT A PERSON HAS COMMITTED A HATE CRIME, WHEN HE OR SHE COMMITS A SPECIFIED OFFENSE AND EITHER INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE OFFENSE IS COMMITTED OR INTENDED TO BE COMMITTED TO, OR IN PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY, SEXUAL ORIENTATION OF A PERSON, OR BECAUSE OF ACTUAL OR PERCEIVED EMPLOYMENT AS A LAW ENFORCE- MENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL SERVICES PERSONNEL.
PART 2 OF SECTION 1 STATES THAT PROOF OF RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXU- AL ORIENTATION OR EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER OR AS EMERGENCY MEDICAL SERVICES PERSONNEL OF EITHER OR BOTH THE DEFEND- ANT AND VICTIM DOES NOT CONSTITUTE AS LEGALLY SUFFICIENT EVIDENCE IN THE COURT OF LAW.
LASTLY, PARAGRAPHS (C), (D), AND (E) PROVIDE DEFINITIONS FOR THE TERMS "LAW ENFORCEMENT OFFICER", "FIREFIGHTER", AND "MEDICAL SERVICES PERSON- NEL".
SECTION 2 LISTS THE EFFECTIVE DATE.
Justification
THERE HAS BEEN AN INCREASE IN MORTALITY RATES OF LAW ENFORCEMENT OFFI- CERS, FIREFIGHTERS, CORRECTIONS OFFICERS AND EMERGENCY MEDICAL SERVICES PERSONNEL, WITHIN THE PAST DECADE. IN A REPORT BY THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL FUND IN 2014, STATISTICS SHOWED THAT APPROXIMATELY "126 FEDERAL, STATE, LOCAL, TRIBAL AND TERRITORIAL OFFI- CERS DIED IN THE LINE OF DUTY" WHICH EXHIBITED AN INCREASE IN COMPARISON TO 2012 AND 2013. THE INCREASE IN THE DEATH TOLL HAS BEEN IN PART, DUE TO OFFENSES INTENTIONALLY AIMED TO HARM FIRST RESPONDERS.
IN 2009, A CAPE VINCENT, NY VOLUNTEER EMERGENCY MEDICAL TECHNICIAN MARK DAVIS, WAS SHOT AND KILLED BY A PATIENT WHOM HE WAS TRYING TO HELP (EMSL NEWS). JUST THREE YEARS LATER, WEBSTER, NY POLICE LT. AND VOLUNTEER FIREFIGHTER MIKE CHIAPPERINI AND 911 DISPATCHER TOMASZ KACZOWKA, WERE KILLED BY A GUNMAN WHO AMBUSHED THE FIREFIGHTERS BY CREATING A FIRE AT HIS HOME. TWO OTHER FIREFIGHTERS AND ONE OFF-DUTY POLICE OFFICER WAS ALSO INJURED IN THIS ATTACK (USA TODAY, 2012).
IN 2014, TWO LAW ENFORCEMENT OFFICERS FROM THE NYPD WENJIAN LIU AND RAFAEL RAMOS WERE MURDERED IN AN AMBUSH-STYLED KILLING WHILE THEY WERE SITTING IN THEIR PATROL CAR (USA TODAY, 2014). THE OFFENDER CLAIMED IN A SOCIAL MEDIA POST PRIOR TO THE MURDER, "I'M PUTTING WINGS ON PIGS TODAY." THESE INTENTIONAL ACTS OF HARM SADLY CAUSED NUMEROUS COMMUNITIES TO LOSE LOVED ONES WHOSE DEDICATED AND SELFLESS SERVICE WAS GREATLY APPRECIATED.
THIS IS A PROBLEM THAT REACHES ACROSS THE COUNTY. IN JULY 2016 FIVE POLICE OFFICERS WERE KILLED AND NINE WERE WOUNDED IN AN ATTACK IN DALLAS, TEXAS. IN BATON ROUGE, LOUISIANA THREE OFFICERS WERE KILLED AND THREE WERE WOUNDED AS THEY WERE RESPONDING TO A CALL JUST TEN DAYS LATER. ACCORDING TO THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL FUND AND THE WASHINGTON POST, AMBUSH KILLINGS OF POLICE OFFICERS HAVE SEEN A DRAMATIC INCREASE OVER PREVIOUS YEARS.
THIS BILL DESIGNATES OFFENSES AIMED AT FIRST RESPONDERS SPECIFICALLY BECAUSE OF THEIR JOB AS A LAW ENFORCEMENT OFFICERS, CORRECTIONS OFFI- CERS, FIREFIGHTERS, MEDICAL SERVICE PERSONNEL, ETC AS A "HATE CRIME". THIS LEGISLATION INTENDS TO SUPPORT AND PROTECT THE MEN AND WOMEN WHO DEVOTE THEIR LIVES TO PROTECTING AND SERVING THE PEOPLE OF NEW YORK STATE.
Legislative history
2018: S.1114A - PASSED SENATE 2017: S.1114A - PASSED SENATE 2016: S.8212 - REFERRED TO RULES
Fiscal implications
NONE.
Effective date
IMMEDIATELY.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.