New York S 283: Designates offenses against law enforcement officers as hate crimes and makes graffiti a hate crime

Bill Text

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S00283 Summary:

BILL NOS00283 

&nbsp

SAME ASSAME AS A01159

&nbsp

SPONSORRHOADS

&nbsp

COSPNSRBORRELLO, OBERACKER

&nbsp

MLTSPNSR

&nbsp

Amd §485.05, Pen L

&nbsp

Designates offenses against law enforcement officers as hate crimes; designates making graffiti as a specified offense.

Go to top S00283 Actions:

BILL NOS00283 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00283 Committee&nbspVotes:

Go to topS00283 Floor&nbspVotes:

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

Go to topS00283 Text:

 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 Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs (a) and (b) of subdivision 1 and subdivision 2
 2 of section 485.05 of the penal law, as amended by chapter 8 of the laws
 3 of 2019, are amended to read as follows:
 4 (a) intentionally selects the person against whom the offense is
 5 committed or intended to be committed in whole or in substantial part
 6 because of a belief or perception regarding (i) the race, color,
 7 national origin, ancestry, gender, gender identity or expression, reli-
 8 gion, religious practice, age, disability or sexual orientation of a
 9 person or (ii) because of actual or perceived employment as a law
 10 enforcement officer, regardless of whether the belief or perception is
 11 correct, or
 12 (b) intentionally commits the act or acts constituting the offense in
 13 whole or in substantial part because of a belief or perception regarding
 14 (i) the race, color, national origin, ancestry, gender, gender identity
 15 or expression, religion, religious practice, age, disability or sexual
 16 orientation of a person or (ii) because of actual or perceived employ-
 17 ment as a law enforcement officer, regardless of whether the belief or
 18 perception is correct.
 19 2. Proof of race, color, national origin, ancestry, gender, gender
 20 identity or expression, religion, religious practice, age, disability or
 21 sexual orientation or employment as a law enforcement officer of the
 22 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

 S. 283 2

 1 by itself, constitute legally sufficient evidence satisfying the
 2 people's burden under paragraph (a) or (b) of subdivision one of this
 3 section.
 4 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by
 5 section 2 of part C of chapter 55 of the laws of 2024, is amended to
 6 read as follows:
 7 3. A "specified offense" is an offense defined by any of the following
 8 provisions of this chapter: section 120.00 (assault in the third
 9 degree); section 120.05 (assault in the second degree); section 120.06
 10 (gang assault in the second degree); section 120.07 (gang assault in the
 11 first degree); section 120.10 (assault in the first degree); section
 12 120.12 (aggravated assault upon a person less than eleven years old);
 13 section 120.13 (menacing in the first degree); section 120.14 (menacing
 14 in the second degree); section 120.15 (menacing in the third degree);
 15 section 120.20 (reckless endangerment in the second degree); section
 16 120.25 (reckless endangerment in the first degree); section 121.11
 17 (criminal obstruction of breathing or blood circulation); section 121.12
 18 (strangulation in the second degree); section 121.13 (strangulation in
 19 the first degree); subdivision one of section 125.15 (manslaughter in
 20 the second degree); subdivision one, two or four of section 125.20
 21 (manslaughter in the first degree); section 125.25 (murder in the second
 22 degree); section 125.26 (aggravated murder); section 125.27 (murder in
 23 the first degree); section 120.45 (stalking in the fourth degree);
 24 section