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NY A10979

Bill

Status

Introduced

9/9/2020

Primary Sponsor

Inez Dickens

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Changes hate crime evidence standard from "does not constitute legally sufficient evidence" to creating a "rebuttable presumption of evidence and prima facie case" based on proof of defendant or victim's race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation.

  • Increases minimum sentences for hate crimes involving Class B felonies: from 6 to 10 years (indeterminate), from 8 to 10 years (determinate section 70.02), from 12 to 15 years (determinate section 70.04), from 4 to 6 years (indeterminate section 70.05), and from 10 to 15 years (section 70.06).

  • Increases minimum sentence for hate crimes involving Class A-1 felonies from 20 to 25 years.

  • Changes hate crime prevention and education programs from discretionary ("may") to mandatory ("shall") requirement as part of sentencing.

  • Requires courts to impose a monetary fine equating the cost of prosecution for hate crime convictions.

Legislative Description

Creates a rebuttable presumption of evidence and prima facie case; increases incarceration sentence; provides for mandatory hate crime prevention program, training or counseling; and requires the court to impose a monetary fine for the cost of prosecution.

Last Action

referred to codes

9/9/2020

Committee Referrals

Codes9/9/2020

Full Bill Text

No bill text available