Text of NY A 8590 (2010)

States that verbally using commonly known profane slurs or biased language during the commission of specified offenses shall be presumptive evidence of a hate crime.

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As introduced

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S T A T E O F N E W Y O R K ________________________________________________________________________ 8590 2009-2010 Regular Sessions I N A S S E M B L Y May 29, 2009 ___________ Introduced by M. of A. HOOPER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to presumptive evidence of hate crimes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 485.05 of the penal law is amended by adding a new 2 subdivision 5 to read as follows: 3 5. DURING THE COMMISSION OF A SPECIFIED OFFENSE, IT SHALL BE PRESUMP- 4 TIVE EVIDENCE OF A HATE CRIME WHEN THE OFFENDER VERBALLY UTILIZES ANY OF 5 THE COMMONLY KNOWN PROFANE SLURS OR BIASED LANGUAGE USED TO DESCRIBE THE 6 RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, RELIGION, RELIGIOUS 7 PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION OF THE VICTIM. 8 S 2. This act shall take effect on the first of November next succeed- 9 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11978-01-9