STATE OF NEW YORK ________________________________________________________________________ 2050 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. AUBRY -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to bias related crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new article 491 to 2 read as follows: 3 ARTICLE 491 4 BIAS RELATED CRIMES 5 Section 491.00 Bias related crime. 6 § 491.00 Bias related crime. 7 1. As used in this section, the term "designated offense" shall mean: 8 assault in the third degree pursuant to section 120.00; assault in the 9 second degree pursuant to section 120.05; assault in the first degree 10 pursuant to section 120.10; manslaughter in the second degree pursuant 11 to section 125.15; manslaughter in the first degree pursuant to section 12 125.20; murder in the second degree pursuant to section 125.25; rape in 13 the third degree pursuant to section 130.25; rape in the second degree 14 pursuant to section 130.30; rape in the first degree pursuant to section 15 130.35; arson in the third degree pursuant to section 150.10; arson in 16 the second degree pursuant to section 150.15; arson in the first degree 17 pursuant to section 150.20; robbery in the third degree pursuant to 18 section 160.05; robbery in the second degree pursuant to section 160.10; 19 robbery in the first degree pursuant to section 160.15; burglary in the 20 third degree pursuant to section 140.20; burglary in the second degree 21 pursuant to section 140.25; burglary in the first degree pursuant to 22 section 140.30; criminal trespass in the third degree pursuant to 23 section 140.10; criminal trespass in the second degree pursuant to 24 section 140.15; criminal trespass in the first degree pursuant to 25 section 140.17; criminal mischief in the third degree pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00493-01-1

A. 2050 2 1 section 145.05; criminal mischief in the fourth degree pursuant to 2 section 145.00; criminal mischief in the second degree pursuant to 3 section 145.10; criminal mischief in the first degree pursuant to 4 section 145.12; unlawful imprisonment in the second degree pursuant to 5 section 135.05; unlawful imprisonment in the first degree pursuant to 6 section 135.10; kidnapping in the second degree pursuant to section 7 135.20; kidnapping in the first degree pursuant to section 135.25; riot 8 in the second degree pursuant to section 240.05; riot in the first 9 degree pursuant to section 240.06; and inciting to riot pursuant to 10 section 240.08 of this chapter. 11 2. A person is guilty of bias related crime when he or she has commit- 12 ted a designated offense that demonstrates a prejudice based on the 13 actual or perceived race, color, religion, national origin, age, ethnic- 14 ity, disability, gender or sexual orientation of the victim of such 15 designated offense. 16 Bias related crime is a classification of felony or misdemeanor one 17 degree higher than the underlying offense. 18 § 2. Subdivision 2 of section 720.10 of the criminal procedure law, as 19 amended by chapter 416 of the laws of 1986 and paragraph (a) as amended 20 by chapter 316 of the laws of 2006, is amended to read as follows: 21 2. "Eligible youth" means a youth who is eligible to be found a youth- 22 ful offender. Every youth is so eligible unless: 23 (a) the conviction to be replaced by a youthful offender finding is 24 for (i) a class A-I or class A-II felony, or (ii) an armed felony as 25 defined in subdivision forty-one of section 1.20 of this chapter, except 26 as provided in subdivision three of this section, or (iii) rape in the 27 first degree, criminal sexual act in the first degree, or aggravated 28 sexual abuse, except as provided in subdivision three of this section, 29 or (iv) a bias related crime as defined in subdivision two of section 30 491.00 of the penal law, or 31 (b) such youth has previously been convicted and sentenced for a felo- 32 ny, or 33 (c) such youth has previously been adjudicated a youthful offender 34 following conviction of a felony or has been adjudicated on or after 35 September first, nineteen hundred seventy-eight a juvenile delinquent 36 who committed a designated felony act as defined in the family court 37 act. 38 § 3. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law.

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