STATE OF NEW YORK ________________________________________________________________________ 6514 2021-2022 Regular Sessions IN ASSEMBLY March 19, 2021 ___________ Introduced by M. of A. DICKENS -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 485.05 of the penal law, as 2 amended by chapter 8 of the laws of 2019, is amended to read as follows: 3 2. Proof of race, color, national origin, ancestry, gender, gender 4 identity or expression, religion, religious practice, age, disability or 5 sexual orientation of the defendant, the victim or of both the defendant 6 and the victim [~~does not, by itself, constitute legally sufficient~~ 7 ~~evidence satisfying~~] creates a rebuttable presumption of evidence and 8 prima facie case sufficient to satisfy the people's burden upon such 9 element of the crime, animus, under paragraph (a) or (b) of subdivision 10 one of this section. 11 § 2. Subdivisions 3 and 4 of section 485.10 of the penal law, as added 12 by chapter 107 of the laws of 2000, are amended to read as follows: 13 3. Notwithstanding any other provision of law, when a person is 14 convicted of a hate crime pursuant to this article and the specified 15 offense is a class B felony: 16 (a) the maximum term of the indeterminate sentence must be at least 17 [~~six~~] ten years if the defendant is sentenced pursuant to section 70.00 18 of this chapter; 19 (b) the term of the determinate sentence must be at least [~~eight~~] ten 20 years if the defendant is sentenced pursuant to section 70.02 of this 21 chapter; 22 (c) the term of the determinate sentence must be at least [~~twelve~~] 23 fifteen years if the defendant is sentenced pursuant to section 70.04 of 24 this chapter; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10326-01-1

A. 6514 2 1 (d) the maximum term of the indeterminate sentence must be at least 2 [~~four~~] six years if the defendant is sentenced pursuant to section 70.05 3 of this chapter; and 4 (e) the maximum term of the indeterminate sentence or the term of the 5 determinate sentence must be at least [~~ten~~] fifteen years if the defend- 6 ant is sentenced pursuant to section 70.06 of this chapter. 7 4. Notwithstanding any other provision of law, when a person is 8 convicted of a hate crime pursuant to this article and the specified 9 offense is a class A-1 felony, the minimum period of the indeterminate 10 sentence shall be not less than [~~twenty~~] twenty-five years. 11 § 3. Subdivision 5 of section 485.10 of the penal law, as added by 12 chapter 158 of the laws of 2010, is amended to read as follows: 13 5. In addition to any of the dispositions authorized by this chapter, 14 the court [~~may~~] shall require as part of the sentence imposed upon a 15 person convicted of a hate crime pursuant to this article, that the 16 defendant complete a program, training session or counseling session 17 directed at hate crime prevention and education, where the court deter- 18 mines such program, training session or counseling session is appropri- 19 ate, available and was developed or authorized by the court or local 20 agencies in cooperation with organizations serving the affected communi- 21 ty. 22 § 4. Section 485.10 of the penal law is amended by adding a new subdi- 23 vision 6 to read as follows: 24 6. The court shall impose a monetary fine that equates the cost of 25 prosecution. 26 § 5. This act shall take effect July 1, 2021.

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