What's happening
This bill adds crimes against law enforcement officers and graffiti to the list of hate crimes under New York law.
Why it matters
Expands hate crime protections to law enforcement officers. By including crimes motivated by the victim’s actual or perceived status as a law enforcement officer, this bill could increase penalties for offenses against police, marking such acts as especially serious under New York law and potentially deterring targeted attacks.
Elevates graffiti to a hate crime when motivated by bias. The addition of graffiti (making graffiti) to the list of “specified offenses” means that if graffiti is committed due to bias against a protected group (including now law enforcement), offenders could face enhanced sentencing.
Signals shifting legislative priorities. This bill reflects a political and societal response to concerns about violence and hostility toward law enforcement, and also recognizes the impact of bias-motivated property crimes like graffiti, broadening the scope of what the state considers a hate crime.
Raises questions about the definition and scope of hate crimes. By adding employment as a law enforcement officer alongside race, religion, and other immutable characteristics, the bill could spark debate over the nature of hate crime protections and whether occupational status should be treated similarly to historically protected categories.
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Who cares
Headline styles
Make Police Hate Crimes
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- 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.
Add Police to Hate Crimes
In Assembly Committee · Codes · Sponsor Edward Ra
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
283
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. RHOADS, BORRELLO, OBERACKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to designating offenses against law enforcement officers as hate crimes and makes graffiti a hate crime
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (a) and (b) of subdivision 1 and subdivision 2 of section 485.05 of the penal law, as amended by chapter 8 of the laws of 2019, are amended to read as follows:
(a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding (i) the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person or (ii) because of actual or perceived employment as a law enforcement officer, regardless of whether the belief or perception is correct, or
(b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding (i) the race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation of a person or (ii) because of actual or perceived employment as a law enforcement officer, regardless of whether the belief or perception is correct.
2. Proof of race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation or employment as a law enforcement officer of the defendant, the victim or of both the defendant and the victim does not,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00683-01-5
by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section.
§ 2. Subdivision 3 of section 485.05 of the penal law, as amended by section 2 of part C of chapter 55 of the laws of 2024, is amended to read as follows:
3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.06 (gang assault in the second degree); section 120.07 (gang assault in the first degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); section 121.11 (criminal obstruction of breathing or blood circulation); section 121.12 (strangulation in the second degree); section 121.13 (strangulation in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 125.26 (aggravated murder); section 125.27 (murder in the first degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); section 130.20 (sexual misconduct); section 130.25 (rape in the third degree); section 130.30 (rape in the second degree); section 130.35 (rape in the first degree); former section 130.40; former section 130.45; former section 130.50; section 130.52 (forcible touching); section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse in the third degree); section 130.60 (sexual abuse in the second degree); section 130.65 (sexual abuse in the first degree); section 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 (aggravated sexual abuse in the third degree); section 130.67 (aggravated sexual abuse in the second degree); section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the third degree); section 135.61 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 145.60 (making graffiti); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 230.34 (sex trafficking); section 230.34-a (sex trafficking of a child); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); section 240.50 (falsely reporting an incident in the third degree); section 240.55 (falsely reporting an incident in the second degree); section 240.60 (falsely reporting an incident in the first degree); subdivision one of section 265.03 (criminal possession of a weapon in the second degree); subdivision one of section 265.04 (criminal possession of a weapon in the first degree); section 490.10 (soliciting or providing support for an act of terrorism in the second degree); section 490.15 (soliciting or providing support for an act of terrorism in the first degree); section 490.20 (making a terroristic threat); section 490.25 (crime of terrorism); section 490.30 (hindering prosecution of terrorism in the second degree); section 490.35 (hindering prosecution of terrorism in the first degree); section 490.37 (criminal possession of a chemical weapon or biological weapon in the third degree); section 490.40 (criminal possession of a chemical weapon or biological weapon in the second degree); section 490.45 (criminal possession of a chemical weapon or biological weapon in the first degree); section 490.47 (criminal use of a chemical weapon or biological weapon in the third degree); section 490.50 (criminal use of a chemical weapon or biological weapon in the second degree); section 490.55 (criminal use of a chemical weapon or biological weapon in the first degree); or any attempt or conspiracy to commit any of the foregoing offenses.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to designating offenses against law enforcement officers as hate crimes and makes graffiti a hate crime
Purpose
To add law enforcement officers as a protected class against hate crimes while also adding graffiti to the list of "specific offenses" which when committed - with the requisite animus - invoke a hate crime.
Summary of provisions
Section 1 amends Section 485.05 of the penal law to include individuals who are "of actual or perceived employment as a law enforcement officer" as a class of persons protected under hate crimes.
Section 2 amends Section 485.05 of the penal law, as amended by section 3 of part R of chapter 55 of the laws of 2020, to include the act of making graffiti as a specified offense.
Section 3 provides the effective date.
Justification
As hate crimes are certain "regular" crimes committed with a specific animus and prejudice against a class of individuals, and since law enforcement officers are routinely targeted by prejudicial treatment despite their duties as protectors of the health and safety of our citi- zenry, it is imperative that said officers are included as a class of persons protected by hate crime laws. Law enforcement officials encount- er assaults on their persons solely because of their status as an offi- cer, and this is the kind of specifically motivated attack which hate crimes are designed to more effectively deter and punish.
Graffiti and public threatening speech have been used to intimate class- es of persons for decades now, and it is time that we recognize this and include graffiti in the list of possible offenses which can invoke a hate crime as well.
Legislative history
New bill.
FISCAL IMPLICATIONS
None to the State.
Effective date
Immediately and in conjunction with section 3 of Part R of chapter 55 of the laws of 2020.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.