STATE OF NEW YORK
        ________________________________________________________________________

                                         2361--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 24, 2019
                                       ___________

        Introduced by Sens. KAVANAGH, CARLUCCI, COMRIE -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes --
          recommitted  to  the Committee on Codes in accordance with Senate Rule
          6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        AN  ACT  to amend the penal law, in relation to categorizing hate crimes
          as serious offenses in relation  to  possession  of  firearms  and  to
          repeal certain provisions of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings. (a) As the New York state legislature
     2  found in enacting the Hate Crimes Act of 2000, "The intolerable truth is
     3  that in these crimes, commonly and justly referred to as 'hate  crimes',
     4  victims  are  intentionally  selected,  in  whole or in part, because of
     5  their race, color, national origin, ancestry,  gender,  religion,  reli-
     6  gious  practice,  age,  disability or sexual orientation. Hate crimes do
     7  more than threaten the safety and welfare of all citizens. They  inflict
     8  on  victims  incalculable  physical and emotional damage and tear at the
     9  very fabric of free society. Crimes motivated by invidious hatred toward
    10  particular groups not only harm individual victims but send  a  powerful
    11  message of intolerance and discrimination to all members of the group to
    12  which  the victim belongs. Hate crimes can and do intimidate and disrupt
    13  entire communities and vitiate the civility that is essential to healthy
    14  democratic processes."
    15    (b) The pernicious harm of hate crimes  on  targeted  individuals  and
    16  communities  is  compounded  by the use of firearms to threaten and harm
    17  the victims. According to one recent analysis, between  2010  and  2015,
    18  there  were  roughly  46,500  hate crimes committed in the United States
    19  that involved a gun. The threat of a gun from dangerous extremists sends
    20  a clear message that they not only  harbor  feelings  of  bias  or  hate
    21  against  a  particular  group, but also that they are willing to kill in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02177-03-0

        S. 2361--A                          2

     1  service of this ideology. Keeping guns out of the hands  of  individuals
     2  who perpetrate hate crimes is therefore a crucial measure to help ensure
     3  the safety of groups that have historically been targeted. Current state
     4  law  does not adequately ensure that individuals who have been convicted
     5  of hate crimes do not have easy access to guns.
     6    § 2. Paragraph (b) of subdivision 17 of section 265.00  of  the  penal
     7  law,  as  amended  by  section  3 of chapter 232 of the laws of 2010, is
     8  REPEALED.
     9    § 3. Paragraph (b) of subdivision 17 of section 265.00  of  the  penal
    10  law,  as  amended  by  section  2 of chapter 232 of the laws of 2010, is
    11  amended to read as follows:
    12    (b) any of the following offenses defined in the penal law:  illegally
    13  using,  carrying  or  possessing  a  pistol  or  other dangerous weapon;
    14  possession of burglar's tools; criminal possession of stolen property in
    15  the third degree; escape  in  the  third  degree;  jostling;  fraudulent
    16  accosting;  endangering  the welfare of a child; the offenses defined in
    17  article two hundred thirty-five; issuing abortional articles; permitting
    18  prostitution; promoting prostitution in the third  degree;  stalking  in
    19  the fourth degree; stalking in the third degree; the offenses defined in
    20  article  one hundred thirty; the offenses defined in article two hundred
    21  twenty; a hate crime as defined in article four hundred eighty-five.
    22    § 4. This act shall take effect on the first of November next succeed-
    23  ing the date on which it shall have become a law.