Bill Text: NY A04413 | 2023-2024 | General Assembly | Introduced

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Bill Title: Creates a rebuttable presumption of evidence and prima facie case; increases incarceration sentence; requires the court to impose a monetary fine for the cost of prosecution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A04413 Detail]

Download: New_York-2023-A04413-Introduced.html

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                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.