S 1943: Expands the criteria for a hate crime to include trespass committed at a house of worship.
The bill aims to expand the criteria for a hate crime in the state of New York. A hate crime is committed when a person intentionally selects a victim because of a protected characteristic, such as race, color, national origin, gender, or sexual orientation, or when the act is committed in whole or in substantial part because of a protected characteristic. The bill also makes it a hate crime to commit a specified offense on the grounds of a church or other house of worship. The bill increases the severity of hate crimes by deeming them to be one category higher than the specified offense or the offense level applicable to the defendant's conviction for an attempt or conspiracy to commit a specified offense. This change applies to convictions that result in a violation, misdemeanor, or class C, D, or E felony. The bill takes effect immediately.
| Jan. 07, 2026 | REFERRED TO CODES |
| Jan. 14, 2025 | REFERRED TO CODES |
STATE OF NEW YORK ________________________________________________________________________ 1943 2025-2026 Regular Sessions IN SENATE January 14, 2025 ___________ Introduced by Sens. WEBER, ASHBY, BORRELLO, CANZONERI-FITZPATRICK, MARTINS, MATTERA, OBERACKER, O'MARA, PALUMBO, RHOADS, ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to expanding the criteria for a hate crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 485.05 of the penal law, as 2 amended by chapter 8 of the laws of 2019, is amended to read as follows: 3 1. A person commits a hate crime when [he or she] such person: 4 (a) commits a specified offense and either: 5 [(a)] (i) intentionally selects the person against whom the offense is 6 committed or intended to be committed in whole or in substantial part 7 because of a belief or perception regarding the race, color, national 8 origin, ancestry, gender, gender identity or expression, religion, reli- 9 gious practice, age, disability or sexual orientation of a person, 10 regardless of whether the belief or perception is correct, or 11 [(b)] (ii) intentionally commits the act or acts constituting the 12 offense in whole or in substantial part because of a belief or percep- 13 tion regarding the race, color, national origin, ancestry, gender, 14 gender identity or expression, religion, religious practice, age, disa- 15 bility or sexual orientation of a person, regardless of whether the 16 belief or perception is correct; or 17 (b) commits a specified offense or a violation of section 140.05 of 18 this chapter in or on the grounds of a church, synagogue, mosque or 19 other house of worship. 20 § 2. Subdivision 2 of section 485.10 of the penal law, as added by 21 chapter 107 of the laws of 2000, is amended to read as follows: 22 2. When a person is convicted of a hate crime pursuant to this article 23 and the specified offense is a violation, a misdemeanor or a class C, D EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03472-01-5S. 1943 2 1 or E felony, the hate crime shall be deemed to be one category higher 2 than the specified offense the defendant committed, or one category 3 higher than the offense level applicable to the defendant's conviction 4 for an attempt or conspiracy to commit a specified offense, whichever is 5 applicable. 6 § 3. This act shall take effect immediately.