Legislative Bill Drafting Commission
14626-02-9
S. --------
Senate
--------
IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
-------- A.
Assembly
--------
IN ASSEMBLY--Introduced by M. of A.
with M. of A. as co-sponsors
--read once and referred to the
Committee on
*PENALA*
(Establishes the homeless protection
act which designates certain
offenses against homeless persons as
hate crimes)
--------
Pen L. homeless hate crime
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
Assembly, do enact as follows:
08/13/09 2 14626-02-9
1 Section 1. Short title. This act shall be known and may be cited as
2 the "homeless protection act".
3 § 2. Subdivisions 1 and 2 of section 485.05 of the penal law, as added
4 by chapter 107 of the laws of 2000, are amended to read as follows:
5 1. A person commits a hate crime when he or she commits a specified
6 offense and either:
7 (a) intentionally selects the person against whom the offense is
8 committed or intended to be committed in whole or in substantial part
9 because of a belief or perception regarding the race, color, national
10 origin, ancestry, gender, religion, religious practice, age, disability,
11 homelessness, or sexual orientation of a person, regardless of whether
12 the belief or perception is correct, or
13 (b) intentionally commits the act or acts constituting the offense in
14 whole or in substantial part because of a belief or perception regarding
15 the race, color, national origin, ancestry, gender, religion, religious
16 practice, age, disability, homelessness, or sexual orientation of a
17 person, regardless of whether the belief or perception is correct.
18 2. Proof of race, color, national origin, ancestry, gender, religion,
19 religious practice, age, disability, homelessness, or sexual orientation
20 of the defendant, the victim or of both the defendant and the victim
21 does not, by itself, constitute legally sufficient evidence satisfying
22 the people's burden under paragraph (a) or (b) of subdivision one of
23 this section.
24 § 3. This act shall take effect immediately.