S 6176: Requires the district attorney to file information with the accusatory instrument when certain crimes are committed against a female and it is not charged as a hate crime.

  
  STATE OF NEW YORK ________________________________________________________________________ 6176 2025-2026 Regular Sessions  IN SENATE March 6, 2025 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to filing infor- mation with the accusatory instrument where the district attorney does not charge a person with a hate crime when certain offenses are committed against female victims The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 100.65 to read as follows: 3 § 100.65 Reporting by the district attorney in certain cases. 4 1. When a specified offense is committed against a female victim, the 5 district attorney shall set forth their reasoning for not charging the 6 defendant with a hate crime prosecutable under section 485.05 of the 7 penal law. 8 2. Information required by subdivision one of this section shall be 9 filed with the accusatory instrument, as defined by section 1.20 of this 10 chapter. 11 3. A "specified offense" is an offense defined by any of the following 12 provisions of the penal law: section 120.00 (assault in the third 13 degree); section 120.05 (assault in the second degree); section 120.10 14 (assault in the first degree); section 120.12 (aggravated assault upon a 15 person less than eleven years old); section 120.13 (menacing in the 16 first degree); section 120.14 (menacing in the second degree); section 17 120.15 (menacing in the third degree); section 120.20 (reckless endan- 18 germent in the second degree); section 120.25 (reckless endangerment in 19 the first degree); subdivision one of section 125.15 (manslaughter in 20 the second degree); subdivision one, two or four of section 125.20 21 (manslaughter in the first degree); section 125.25 (murder in the second 22 degree); section 120.45 (stalking in the fourth degree); section 120.50 23 (stalking in the third degree); section 120.55 (stalking in the second EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10610-01-5 
 S. 6176 2 1 degree); section 120.60 (stalking in the first degree); subdivision one 2 of section 130.35 (rape in the first degree); subdivision one of section 3 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision 4 one of section 130.67 (aggravated sexual abuse in the second degree); 5 paragraph (a) of subdivision one of section 130.70 (aggravated sexual 6 abuse in the first degree); section 135.05 (unlawful imprisonment in the 7 second degree); section 135.10 (unlawful imprisonment in the first 8 degree); section 135.20 (kidnapping in the second degree); section 9 135.25 (kidnapping in the first degree); section 135.60 (coercion in the 10 third degree); section 135.65 (coercion in the first degree); section 11 140.10 (criminal trespass in the third degree); section 140.15 (criminal 12 trespass in the second degree); section 140.17 (criminal trespass in the 13 first degree); section 140.20 (burglary in the third degree); section 14 140.25 (burglary in the second degree); section 140.30 (burglary in the 15 first degree); section 145.00 (criminal mischief in the fourth degree); 16 section 145.05 (criminal mischief in the third degree); section 145.10 17 (criminal mischief in the second degree); section 145.12 (criminal 18 mischief in the first degree); section 150.05 (arson in the fourth 19 degree); section 150.10 (arson in the third degree); section 150.15 20 (arson in the second degree); section 150.20 (arson in the first 21 degree); section 155.25 (petit larceny); section 155.30 (grand larceny 22 in the fourth degree); section 155.35 (grand larceny in the third 23 degree); section 155.40 (grand larceny in the second degree); section 24 155.42 (grand larceny in the first degree); section 160.05 (robbery in 25 the third degree); section 160.10 (robbery in the second degree); 26 section 160.15 (robbery in the first degree); section 240.25 (harassment 27 in the first degree); subdivision one, two or four of section 240.30 28 (aggravated harassment in the second degree); or any attempt or conspir- 29 acy to commit any of the foregoing offenses. 30 § 2. This act shall take effect on the ninetieth day after it shall 31 have become a law.