What's happening
This bill allows a defendant's prior statements to be admitted as evidence to prove intent in hate crime cases.
Why it matters
Eases prosecution of hate crimes. By explicitly allowing a defendant’s prior statements to be admitted as evidence of intent, the bill could make it easier for prosecutors to prove the bias motivation required to convict someone of a hate crime.
Raises stakes for past speech and behavior. Defendants’ previous declarations, even those made before the alleged crime, may now be scrutinized and used in court, potentially making individuals’ past comments or social media posts relevant in criminal proceedings.
Broader impact on legal strategy. Defense attorneys may need to reconsider how they advise clients about public statements and prepare for trials, knowing that a wider range of prior remarks could be admissible as evidence of intent.
Potential civil liberties concerns. The bill may generate debate over free speech and fairness, as it allows for the use of prior speech or expression in determining criminal intent, raising questions about where the line should be drawn between protected speech and evidence of bias motivation.
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
Prosecutors
The bill would expressly allow defendants’ previous statements as evidence that alleged hate crimes were motivated wholly or substantially by bias, subject to criminal trial evidence rules.
Criminal defense attorneys and defendants
Prior declarations could be admitted to establish bias motivation, with admissibility still governed by criminal trial evidence rules.
Criminal court judges
Judges would apply the new provision alongside existing evidence rules when deciding whether to admit a defendant’s previous statements.
People targeted by hate crimes
The bill would allow prior statements to help establish motivation based on perceived characteristics such as race, religion, disability, gender identity or expression, or sexual orientation.
Headline styles
Allow Hate Crime Statements Evidence
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.287
- 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.
Admit Hate Crime Statements
In Assembly Committee · Codes · Sponsor Charles Lavine
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7200
IN SENATE
January 10, 2020
Introduced by Sen. KAPLAN -- 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 the admission of a defendant's previous declarations or statements when the crime committed is a hate crime
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The criminal procedure law is amended by adding a new section 60.77 to read as follows: § 60.77 Rules of evidence; previous declarations and statements; hate
crimes.
Evidence of a defendant's previous declarations or statements may be admitted to show the defendant intentionally committed the act or acts constituting a hate crime as set forth in article four hundred eightyfive of the penal law in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person, subject to the evidentiary rules governing criminal trials set forth in this title.
§ 2. This act shall take effect on the first on November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14719-02-0
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 the admission of a defendant's previous declarations or statements when the crime committed is a hate crime
Purpose
This legislation allows a defendant's previous declarations or state- ments may be admitted to show the defendant intentionally committed a hate crime.
Summary of provisions
Section 1 adds a new section 60.77 to the criminal procedure law to allow for previous declarations and statements to be admitted as evidence. Specifically this legislation allows a defendant's previous declarations or statements may be admitted to show the defendant inten- tionally committed a hate crime as set forth in Art. 485 of the Penal Law in whole or substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identify or expression, religion, religious practice, age, disability, or sexual orientation of a person.
Section 2 is the effective date.
Justification
Hate has no place here. In 2000, directly as a result of an increase in hate crimes, New York passed a sweeping hate crimes law that is still in place today. Now in the years 2019 and 2020 we are again seeing an increase in hate crimes, and in particular instances of anti-Semitism, and Islamophobia. We must fight against hate, anti-Semitism, Islamopho- bia bias, and all those who would commit acts in whole or substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, gender identify or expression, reli- gion, religious practice, age, disability, or sexual orientation of a person. This legislation continues the fight against hate including anti-Semitism, and Islamophobia by allowing a defendant's previous declarations or statements to be subject to the evidentiary rules governing criminal trials.
Legislative history
None.
Fiscal implications
None.
Effective date
This act shall take effect on November 1 next succeeding.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.