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NY A10962

Bill

Official Source

Status

Introduced

9/9/2020

Primary Sponsor

Rebecca Seawright

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Amends Penal Law Section 485.05 to create a rebuttable presumption for hate crimes when specific conditions are met
  • Allows prosecutors to request a rebuttable presumption of hate crime if: (1) defendant committed a specified offense, (2) defendant has an established pattern of prior prejudice regarding a protected class, and (3) the current offense targets the same protected class
  • Protected classes include race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation
  • Maintains existing rule that proof of the victim's or defendant's membership in a protected class alone does not constitute sufficient evidence of a hate crime
  • Takes effect 90 days after becoming law

Legislative Description

Establishes that where the people can show a pattern of prior prejudice of a protected class and the offense committed by a defendant is against the same protected class, there may be a rebuttable presumption of a hate crime.

Last Action

referred to codes

9/9/2020

Committee Referrals

Codes9/9/2020

Full Bill Text

No bill text available