New York A 5187: Designates offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes

Bill Text

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A05187 Summary:

BILL NOA05187 

&nbsp

SAME ASSAME AS S04620

&nbsp

SPONSORDeStefano (MS)

&nbsp

COSPNSRGandolfo, Slater, Brabenec, Brown K, Morinello, Angelino, Brown E, McDonough, Buttenschon, Mikulin,
 Hawley, Tague, Lemondes, Norber

&nbsp

MLTSPNSRGiglio

&nbsp

Amd §485.05, Pen L

&nbsp

Designates offenses against law enforcement officers, firefighters and emergency medical services personnel as hate crimes.

Go to top A05187 Actions:

BILL NOA05187 

&nbsp

02/12/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA05187 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2025AYE/NAY:16/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA05187 Floor&nbspVotes:

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

Go to topA05187 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5187

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. DeSTEFANO, GANDOLFO, SLATER, BRABENEC, K. BROWN,
 MORINELLO, ANGELINO, E. BROWN, McDONOUGH, BUTTENSCHON, MIKULIN,
 HAWLEY, TAGUE, LEMONDES -- Multi-Sponsored by -- M. of A. GIGLIO --
 read once and referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to designating offenses
 against law enforcement officers, firefighters and emergency medical
 services personnel 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 (i) race, color,
 9 national origin, ancestry, gender, gender identity or expression, reli-
 10 gion, religious practice, age, disability or sexual orientation of a
 11 person or (ii) because of actual or perceived employment as a law
 12 enforcement officer, a firefighter or as emergency medical services
 13 personnel, regardless 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 (i) race, color, national origin, ancestry, gender, gender identity
 17 or expression, religion, religious practice, age, disability or sexual
 18 orientation of a person or (ii) because of actual or perceived employ-
 19 ment as a law enforcement officer, a firefighter or as emergency medical
 20 services personnel, regardless of whether the belief or perception is
 21 correct.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08219-01-5

 A. 5187 2

 1 2. Proof of race, color, national origin, ancestry, gender, gender
 2 identity or expression, religion, religious practice, age, disability or
 3 sexual orientation or employment as a law enforcement officer, a fire-
 4 fighter or as emergency medical services personnel of the defendant, the
 5 victim or of both the defendant and the victim does not, by itself,
 6 constitute legally sufficient evidence satisfying the people's burden
 7 under paragraph (a) or (b) of subdivision one of this section.
 8 4. For purposes of this section:
 9 (a) the term "age" means sixty years old or more;
 10 (b) the term "disability" means a physical or mental impairment that
 11 substantially limits a major life activity;
 12 (c) the term "gender identity or expression" means a person's actual
 13 or perceived gender-related identity, appearance, behavior, expression,
 14 or other gender-related characteristic regardless of the sex assigned to
 15 that person at birth, including, but not limited to, the status of being
 16 transgender;
 17 (d)