STATE OF NEW YORK ________________________________________________________________________ 4413 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ 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. LBD03136-01-3

A. 4413 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. Section 485.10 of the penal law is amended by adding a new subdi- 12 vision 6 to read as follows: 13 6. The court shall impose a monetary fine that equates the cost of 14 prosecution. 15 § 4. This act shall take effect on the first of July next succeeding 16 the date on which it shall have become a law.

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