New York S 3644: Designates certain offenses against law enforcement officers as hate crimes

Bill Text

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S03644 Summary:

BILL NOS03644 

&nbsp

SAME ASSAME AS A05224

&nbsp

SPONSORMURRAY

&nbsp

COSPNSRBORRELLO, OBERACKER, RHOADS

&nbsp

MLTSPNSR

&nbsp

Amd §485.05, Pen L

&nbsp

Designates certain offenses against emergency medical services personnel, firefighters, and law enforcement officers as hate crimes; includes the definition of emergency medical services personnel, firefighters, and law enforcement officers.

Go to top S03644 Actions:

BILL NOS03644 

&nbsp

01/29/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03644 Committee&nbspVotes:

Go to topS03644 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03644 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3644

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 2025
 ___________

 Introduced by Sens. MURRAY, BORRELLO, OBERACKER, RHOADS -- 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law,
 2 as amended by chapter 8 of the laws of 2019, are amended to read as
 3 follows:
 4 1. A person commits a hate crime when [he or she] such person commits
 5 a specified offense and either:
 6 (a) intentionally selects the person against whom the offense is
 7 committed or intended to be committed in whole or in substantial part
 8 because of a belief or perception regarding the race, color, national
 9 origin, ancestry, gender, gender identity or expression, religion, reli-
 10 gious practice, age, disability, or because of actual or perceived
 11 employment as emergency medical services personnel, a firefighter or a
 12 law enforcement officer, or sexual orientation of a person, regardless
 13 of whether the belief or perception is correct, or
 14 (b) intentionally commits the act or acts constituting the offense in
 15 whole or in substantial part because of a belief or perception regarding
 16 the race, color, national origin, ancestry, gender, gender identity or
 17 expression, religion, religious practice, age, disability, or because of
 18 actual or perceived employment as emergency medical services personnel,
 19 a firefighter or a law enforcement officer, or sexual orientation of a
 20 person, regardless of whether the belief or perception is correct.
 21 2. Proof of race, color, national origin, ancestry, gender, gender
 22 identity or expression, religion, religious practice, age, disability,
 23 or because of actual or perceived employment as emergency medical
 24 services personnel, a firefighter or a law enforcement officer, or sexu-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07535-01-5

 S. 3644 2

 1 al orientation of the defendant, the victim or of both the defendant and
 2 the victim does not, by itself, constitute legally sufficient evidence
 3 satisfying the people's burden under paragraph (a) or (b) of subdivision
 4 one of this section.
 5 4. For purposes of this section:
 6 (a) the term "age" means sixty years old or more;
 7 (b) the term "disability" means a physical or mental impairment that
 8 substantially limits a major life activity;
 9 (c) the term "gender identity or expression" means a person's actual
 10 or perceived gender-related identity, appearance, behavior, expression,
 11 or other gender-related characteristic regardless of the sex assigned to
 12 that person at birth, including, but not limited to, the status of being
 13 transgender;
 14 (d) the term "emergency medical services personnel" means persons
 15 trained and certified or licensed to provide emergency medical care,
 16 whether on a paid or volunteer basis, as part of a basic life support or
 17 advanced life support pre-hospital emergency care service or in an emer-
 18 gency department or pediatric critical care or specialty unit in a
 19 licensed hospital;
 20 (e) the term "firefighter" means any firefighter regularly employed by
 21 a fire department of any municipality of the state of New York; and
 22 (f