Text of NY A 8824 (2004)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text A08824 Summary: BILL NOA08824 SAME ASNo same as SPONSORRules (Hikind) COSPNSRColton, Bradley, Cohen M, Cymbrowitz, Gordon, Green, Grodenchik, Karben, McLaughlin, O'Connell,Pheffer MLTSPNSR Add S485.15, amd S485.10, Pen L Creates the crime of inciting a hate crime; provides a person is guilty of inciting a hate crime when he urges a person to engage in conduct of a kind likely to cause the commission of certain specified offenses.Go to top A08824 Text: STATE OF NEW YORK ________________________________________________________________________ 8824 2003-2004 Regular Sessions IN ASSEMBLY June 5, 2003 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hikind, Bradley, M. Cohen, Cymbrowitz, Gordon, Green, Grodenchik, Karben, McLaughlin, O'Connell, Pheffer) -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to creating the crime of inciting a hate crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 485.15 to 2 read as follows: 3 § 485.15 Inciting a hate crime. 4 A person is guilty of inciting a hate crime when he urges a person to 5 engage in conduct of a kind likely to cause the commission of a speci- 6 fied offense as defined in section 485.05 of this article. 7 § 2. Section 485.10 of the penal law, as added by chapter 107 of the 8 laws of 2000, is amended to read as follows: 9 § 485.10 Sentencing. 10 1. When a person is convicted of a hate crime or inciting a hate crime 11 pursuant to this article, and the specified offense is a violent felony 12 offense, as defined in section 70.02 of this chapter, the hate crime 13 shall be deemed a violent felony offense. 14 2. When a person is convicted of a hate crime or inciting a hate crime 15 pursuant to this article and the specified offense is a misdemeanor or a 16 class C, D or E felony, the hate crime shall be deemed to be one catego- 17 ry higher than the specified offense the defendant committed, or one 18 category higher than the offense level applicable to the defendant's 19 conviction for an attempt or conspiracy to commit a specified offense, 20 whichever is applicable. 21 3. Notwithstanding any other provision of law, when a person is 22 convicted of a hate crime or inciting a hate crime pursuant to this 23 article and the specified offense is a class B felony: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04648-01-3 A. 8824 2 1 (a) the maximum term of the indeterminate sentence must be at least 2 six years if the defendant is sentenced pursuant to section 70.00 of 3 this chapter; 4 (b) the term of the determinate sentence must be at least eight years 5 if the defendant is sentenced pursuant to section 70.02 of this chapter; 6 (c) the term of the determinate sentence must be at least twelve years 7 if the defendant is sentenced pursuant to section 70.04 of this chapter; 8 (d) the maximum term of the indeterminate sentence must be at least 9 four years if the defendant is sentenced pursuant to section 70.05 of 10 this chapter; and 11 (e) the maximum term of the indeterminate sentence or the term of the 12 determinate sentence must be at least ten years if the defendant is 13 sentenced pursuant to section 70.06 of this chapter. 14 4. Notwithstanding any other provision of law, when a person is 15 convicted of a hate crime or inciting a hate crime pursuant to this 16 article and the specified offense is a class A-1 felony, the minimum 17 period of the indeterminate sentence shall be not less than twenty 18 years. 19 § 3. This act shall take effect on the first of November next succeed- 20 ing the date on which it shall have become a law. Go to top Sitemap Request Information Directions and Maps