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Community Heroes Protection Act.

Senate Bill S1114A

2017-2018 Legislative Session:


Designates offenses against

law enforcement officers,

firefighters and emergency

medical services personnel

as hate crimes.



1114--A


2017-2018 Regular Sessions


I N S E N A T E


January 6, 2017

___________


Introduced by Sens. AKSHAR, GALLIVAN, GOLDEN, AVELLA, CROCI, HANNON,

LARKIN, MURPHY, ORTT, RITCHIE, ROBACH -- read twice and ordered print-

ed, and when printed to be committed to the Committee on Codes --

committee discharged, bill amended, ordered reprinted as amended and

recommitted to said committee


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.


EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04281-04-7

S. 1114--A 2


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

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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