Bill Text: NY A08275 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the homeless protection act which designates certain offenses against homeless persons as hate crimes; includes the definition of homelessness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A08275 Detail]

Download: New_York-2013-A08275-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8275
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   November 20, 2013
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the penal  law,  in  relation  to  designating  offenses
         against homeless persons as hate crimes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "homeless protection act".
    3    S  2.  Subdivisions  1, 2 and 4 of section 485.05 of the penal law, as
    4  added by chapter 107 of the  laws  of  2000,  are  amended  to  read  as
    5  follows:
    6    1.  A  person  commits a hate crime when he or she commits a specified
    7  offense and either:
    8    (a) intentionally selects the  person  against  whom  the  offense  is
    9  committed  or  intended  to be committed in whole or in substantial part
   10  because of a belief or perception regarding the  race,  color,  national
   11  origin, ancestry, gender, religion, religious practice, age, disability,
   12  HOMELESSNESS,  or  sexual orientation of a person, regardless of whether
   13  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, religion, religious
   17  practice, age, disability, HOMELESSNESS,  or  sexual  orientation  of  a
   18  person, regardless of whether the belief or perception is correct.
   19    2.  Proof of race, color, national origin, ancestry, gender, religion,
   20  religious practice, age, disability, HOMELESSNESS, or sexual orientation
   21  of the defendant, the victim or of both the  defendant  and  the  victim
   22  does  not,  by itself, constitute legally sufficient evidence satisfying
   23  the people's burden under paragraph (a) or (b)  of  subdivision  one  of
   24  this section.
   25    4. For purposes of this section:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01658-01-3
       A. 8275                             2
    1    (a) the term "age" means sixty years old or more;
    2    (b)  the  term "disability" means a physical or mental impairment that
    3  substantially limits a major life activity; AND
    4    (C) THE TERM "HOMELESSNESS" MEANS THE SET OF CIRCUMSTANCES IN WHICH AN
    5  INDIVIDUAL OR FAMILY IS UNDOMICILED, HAS NO FIXED ADDRESS, LACKS A FIXED
    6  REGULAR NIGHTTIME RESIDENCE, RESIDES IN A  PLACE  NOT  DESIGNED  FOR  OR
    7  ORDINARILY  USED  AS  A  REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS
    8  (SUCH AS A HALLWAY, BUS STATION, LOBBY OR SIMILAR PLACE), RESIDES  IN  A
    9  HOMELESS SHELTER, RESIDES IN A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMES-
   10  TIC VIOLENCE, OR RESIDES IN A HOTEL/MOTEL ON A TEMPORARY BASIS.
   11    S 3. This act shall take effect immediately.