What's happening
This bill amends New York law to include hate crimes as offenses for which judges can issue securing orders, such as bail or detention.
Why it matters
Expands judicial discretion. By allowing judges to issue bail or detention orders for those charged with hate crimes, the bill gives courts greater flexibility to respond to the heightened risks and community impacts that hate-motivated offenses may present.
Signals the seriousness of hate crimes. Including hate crimes alongside other offenses eligible for securing orders highlights New York’s recognition of the unique harm these crimes cause to individuals and targeted communities, and the need for stronger pretrial measures.
Potentially impacts bail reform landscape. The bill modifies recent bail reform laws by increasing the number and type of offenses for which pretrial detention or bail can be considered, potentially affecting debates over public safety and the presumption of pretrial release.
Could affect defendants and victims. Those accused of hate crimes may face a higher likelihood of pretrial detention, while victims and communities targeted by hate crimes could see this as a step toward greater protection and accountability.
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
Tougher Bail for Hate Crimes
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- 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.
Tougher Bail for Hate Crimes
In Assembly Committee · Codes · Sponsor Simcha Eichenstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7111
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to securing orders for principals charged with hate crimes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (h) and (i) of subdivision 4 of section 510.10 of the criminal procedure law, as added by section 2 of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
(h) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]
(i) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law; or
(j) a crime involving a hate crime under section 485.05 of the penal law.
§ 2. Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1 of section 530.20 of the criminal procedure law, as added by section 16 of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
(viii) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14608-01-9
S. 7111 2
of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]
(ix) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law; or
(x) a crime involving a hate crime under section 485.05 of the penal law.
§ 3. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of the criminal procedure law, as added by section 18 of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
(h) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]
(i) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law; or
(j) a crime involving a hate crime under section 485.05 of the penal law.
§ 4. This act shall take effect on the same date and in the same manner as part JJJ of chapter 59 of the laws of 2019 takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to securing orders for principals charged with hate crimes
Purpose or general idea of bill
Due to the dramatic and alarming recent increase in hate crimes through- out New York, this bill will to amend the criminal procedure law to include the category of all violent crimes defined as a hate crime under Section 485.05 of the penal law
Summary of provisions
Section 1: Legislative Findings: The legislature finds that the State of New York is currently in a state of crisis due to the dramatic and alarming recent increase in hate crimes causing many of New York's citizens to feel threatened and vulnerable.
Hate crimes are an extreme form of prejudice. Offenders target and carry out their attacks based upon hate of a race, religion, sexual orien- tation, and/or other minority groups. Individuals who commit these crimes are generally motivated by hate, fear, ignorance, or anger. These individuals are determined to act on their feelings and often show little or no remorse for their actions. Hate crime perpetrators are also more likely to become repeat offenders.
Section 2: The legislature is proposing to amend the criminal procedure law to include a category of all crimes defined as a hate crime under
Section 485.05 of the penal law, Offenders are often unrepentant, and many will continue to commit bias crimes. Recidivism rates among violent hate crime offenders are high because they harbor deep rooted hate, which is irrational and uncompromising.
Justification
The dramatic increase of hateful attacks in New York should be a source of alarm to all. New Yorkers are feeling threatened and vulnerable. Including hate crimes in the category of crimes where judges have discretion to set the bail will send a strong message to offenders and would help assuage the fears of residents frightened to walk the streets of New York.
Prior legislative history
None.
Fiscal implications
To be discussed.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.