NY State Senate Bill 2019-S335

Senate Bill S335

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
May 06, 2019	reported and committed to judiciary
Mar 11, 2019	notice of committee consideration - requested
Jan 09, 2019	referred to codes

Votes

- May 6, 2019 - Codes Committee Vote
  S335
  
  7
  
  Aye
  
  4
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 6, 2019
      
      aye (7)
      
      Akshar
      
      Boyle
      
      Gallivan
      
      Kaminsky
      
      Lanza
      
      O'Mara
      
      Savino
      
      nay (4)
      
      Bailey
      
      Benjamin
      
      Kavanagh
      
      Myrie
      
      aye wr (2)
      
      Biaggi
      
      Gounardes

co-Sponsors

View additional co-sponsors

2019-S335 (ACTIVE) - Details

See Assembly Version of this Bill:: A5065
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8212
2017-2018: S1114, A2962
2021-2022: S1917
2023-2024: S5339

2019-S335 (ACTIVE) - Summary

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

2019-S335 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S335

SPONSOR: AKSHAR
 
TITLE OF BILL:  An act to amend the penal law, in relation to desig-
nating offenses against law enforcement officers, firefighters and emer-
gency medical services personnel as hate crimes  


 
PURPOSE:

TO CLASSIFY ALL OFFENSES AGAINST FIRST RESPONDERS SUCH AS LAW ENFORCE-
MENT OFFICERS, FIREFIGHTERS, AND EMERGENCY SERVICES PERSONNEL AS HATE
CRIMES.

 
SUMMARY OF PROVISIONS:

SECTION 1 AMENDS SUBDIVISIONS 1, 2, AND 4 OF SECTION 485.05 OF THE PENAL
LAW, AS ADDED BY CHAPTER 107 OF THE LAWS OF 2000.

PARAGRAPHS (A) AND (B) OF SECTION 1, STATES THAT A PERSON HAS COMMITTED
A HATE CRIME, WHEN HE OR SHE COMMITS A SPECIFIED OFFENSE AND EITHER

INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE OFFENSE IS COMMITTED
OR INTENDED TO BE COMMITTED TO, OR IN PART BECAUSE OF A BELIEF OR
PERCEPTION REGARDING RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER,
RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY, SEXUAL ORIENTATION OF A
PERSON, OR BECAUSE OF ACTUAL OR PERCEIVED EMPLOYMENT AS A LAW ENFORCE-
MENT OFFICER, FIREFIGHTER, OR EMERGENCY MEDICAL SERVICES PERSONNEL.

PART 2 OF SECTION 1 STATES THAT PROOF OF RACE, COLOR, NATIONAL ORIGIN,
ANCESTRY, GENDER, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXU-
AL ORIENTATION OR EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A FIREFIGHTER
OR AS EMERGENCY MEDICAL SERVICES PERSONNEL OF EITHER OR BOTH THE DEFEND-
ANT AND VICTIM DOES NOT CONSTITUTE AS LEGALLY SUFFICIENT EVIDENCE IN THE
COURT OF LAW.

LASTLY, PARAGRAPHS (C), (D), AND (E) PROVIDE DEFINITIONS FOR THE TERMS
"LAW ENFORCEMENT OFFICER", "FIREFIGHTER", AND "MEDICAL SERVICES PERSON-
NEL".

SECTION 2 LISTS THE EFFECTIVE DATE.

 
JUSTIFICATION:

THERE HAS BEEN AN INCREASE IN MORTALITY RATES OF LAW ENFORCEMENT OFFI-
CERS, FIREFIGHTERS, CORRECTIONS OFFICERS AND EMERGENCY MEDICAL SERVICES
PERSONNEL, WITHIN THE PAST DECADE. IN A REPORT BY THE NATIONAL LAW
ENFORCEMENT OFFICERS MEMORIAL FUND IN 2014, STATISTICS SHOWED THAT
APPROXIMATELY "126 FEDERAL, STATE, LOCAL, TRIBAL AND TERRITORIAL OFFI-
CERS DIED IN THE LINE OF DUTY" WHICH EXHIBITED AN INCREASE IN COMPARISON
TO 2012 AND 2013. THE INCREASE IN THE DEATH TOLL HAS BEEN IN PART, DUE
TO OFFENSES INTENTIONALLY AIMED TO HARM FIRST RESPONDERS.

IN 2009, A CAPE VINCENT, NY VOLUNTEER EMERGENCY MEDICAL TECHNICIAN MARK
DAVIS, WAS SHOT AND KILLED BY A PATIENT WHOM HE WAS TRYING TO HELP (EMSL
NEWS). JUST THREE YEARS LATER, WEBSTER, NY POLICE LT. AND VOLUNTEER
FIREFIGHTER MIKE CHIAPPERINI AND 911 DISPATCHER TOMASZ KACZOWKA, WERE
KILLED BY A GUNMAN WHO AMBUSHED THE FIREFIGHTERS BY CREATING A FIRE AT
HIS HOME. TWO OTHER FIREFIGHTERS AND ONE OFF-DUTY POLICE OFFICER WAS
ALSO INJURED IN THIS ATTACK (USA TODAY, 2012).

IN 2014, TWO LAW ENFORCEMENT OFFICERS FROM THE NYPD WENJIAN LIU AND
RAFAEL RAMOS WERE MURDERED IN AN AMBUSH-STYLED KILLING WHILE THEY WERE
SITTING IN THEIR PATROL CAR (USA TODAY, 2014). THE OFFENDER CLAIMED IN A
SOCIAL MEDIA POST PRIOR TO THE MURDER, "I'M PUTTING WINGS ON PIGS
TODAY." THESE INTENTIONAL ACTS OF HARM SADLY CAUSED NUMEROUS COMMUNITIES
TO LOSE LOVED ONES WHOSE DEDICATED AND SELFLESS SERVICE WAS GREATLY
APPRECIATED.

THIS IS A PROBLEM THAT REACHES ACROSS THE COUNTY. IN JULY 2016 FIVE
POLICE OFFICERS WERE KILLED AND NINE WERE WOUNDED IN AN ATTACK IN
DALLAS, TEXAS. IN BATON ROUGE, LOUISIANA THREE OFFICERS WERE KILLED AND
THREE WERE WOUNDED AS THEY WERE RESPONDING TO A CALL JUST TEN DAYS
LATER. ACCORDING TO THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL FUND
AND THE WASHINGTON POST, AMBUSH KILLINGS OF POLICE OFFICERS HAVE SEEN A
DRAMATIC INCREASE OVER PREVIOUS YEARS.

THIS BILL DESIGNATES OFFENSES AIMED AT FIRST RESPONDERS SPECIFICALLY
BECAUSE OF THEIR JOB AS A LAW ENFORCEMENT OFFICERS, CORRECTIONS OFFI-
CERS, FIREFIGHTERS, MEDICAL SERVICE PERSONNEL, ETC AS A "HATE CRIME".
THIS LEGISLATION INTENDS TO SUPPORT AND PROTECT THE MEN AND WOMEN WHO
DEVOTE THEIR LIVES TO PROTECTING AND SERVING THE PEOPLE OF NEW YORK
STATE.

 
LEGISLATIVE HISTORY:

2018: S.1114A - PASSED SENATE
2017: S.1114A - PASSED SENATE
2016: S.8212 - REFERRED TO RULES

 
FISCAL IMPLICATIONS:

NONE.

 
EFFECTIVE DATE:
IMMEDIATELY.

2019-S335 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    335
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed 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:
 
   Section 1. Subdivisions 1, 2 and 4 of section 485.05 of the penal law,
 as  added  by  chapter  107  of the laws of 2000, are amended to read as
 follows:
   1. A person commits a hate crime when he or she  commits  a  specified
 offense and either:
   (a)  intentionally  selects  the  person  against  whom the offense is
 committed or intended to be committed in whole or  in  substantial  part
 because  of  a  belief  or  perception  regarding  (I)  the race, color,
 national origin, ancestry, gender, religion,  religious  practice,  age,
 disability  or  sexual orientation of a person OR (II) BECAUSE OF ACTUAL
 OR PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT OFFICER, A  FIREFIGHTER  OR
 AS  EMERGENCY  MEDICAL  SERVICES  PERSONNEL,  regardless  of whether the
 belief or perception is correct, or
   (b) intentionally commits the act or acts constituting the offense  in
 whole or in substantial part because of a belief or perception regarding
 (I)  the race, color, national origin, ancestry, gender, religion, reli-
 gious practice, age, disability or sexual orientation  of  a  person  OR
 (II)  BECAUSE  OF  ACTUAL  OR  PERCEIVED EMPLOYMENT AS A LAW ENFORCEMENT
 OFFICER, A FIREFIGHTER  OR  AS  EMERGENCY  MEDICAL  SERVICES  PERSONNEL,
 regardless of whether the belief or perception is correct.
   2.  Proof of race, color, national origin, ancestry, gender, religion,
 religious practice, age, disability or sexual orientation OR  EMPLOYMENT
 AS  A  LAW  ENFORCEMENT  OFFICER,  A FIREFIGHTER OR AS EMERGENCY MEDICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05181-01-9

 S. 335                              2
 
 SERVICES PERSONNEL of the defendant, the victim or of both the defendant
 and the victim  does  not,  by  itself,  constitute  legally  sufficient
 evidence  satisfying  the  people's burden under paragraph (a) or (b) of
 subdivision one of this section.
   4. For purposes of this section:
   (a) the term "age" means sixty years old or more;
   (b)  the  term "disability" means a physical or mental impairment that
 substantially limits a major life activity[.];
   (C) THE TERM "LAW ENFORCEMENT OFFICER" MEANS  ANY  ACTIVE  OR  RETIRED
 CITY  OR  STATE  LAW ENFORCEMENT OFFICER, PEACE OFFICER, SHERIFF, DEPUTY
 SHERIFF, PROBATION OR PAROLE OFFICER, MARSHAL, DEPUTY, WILDLIFE ENFORCE-
 MENT AGENCY, COUNTY OR  STATE  CORRECTIONAL  OFFICER,  FIRE  MARSHAL  OR
 COMMISSIONED AGENT OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
 VISION,  AS  WELL  AS  ANY  FEDERAL LAW ENFORCEMENT OFFICER OR EMPLOYEE,
 WHOSE PERMANENT DUTIES INCLUDE MAKING  ARRESTS,  PERFORMING  SEARCH  AND
 SEIZURES,  EXECUTION  OF  CRIMINAL  ARREST  WARRANTS, EXECUTION OF CIVIL
 SEIZURE WARRANTS, ANY CIVIL FUNCTIONS PERFORMED BY  SHERIFFS  OR  DEPUTY
 SHERIFFS,  ENFORCEMENT  OF  PENAL OR TRAFFIC LAWS, OR THE CARE, CUSTODY,
 CONTROL OR SUPERVISION OF INMATES;
   (D)  THE  TERM  "FIREFIGHTER"  MEANS  (I)  ANY  FIREFIGHTER  REGULARLY
 EMPLOYED  BY  A  FIRE DEPARTMENT OF ANY MUNICIPALITY OF THE STATE OF NEW
 YORK AND (II) ANY VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF
 SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW; AND
   (E) THE TERM "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS THE  PERSON-
 NEL  OF  A  SERVICE  OR  AGENCY,  WHETHER  PAID OR VOLUNTEER, ENGAGED IN
 PROVIDING INITIAL EMERGENCY MEDICAL ASSISTANCE, INCLUDING BUT NOT LIMIT-
 ED TO FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS AND ADVANCED EMER-
 GENCY MEDICAL TECHNICIANS.
   § 2. This act shall take effect immediately.

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