BILL NUMBER: S4620
SPONSOR: WEIK
 
TITLE OF BILL:
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
 
PURPOSE:
To classify all offenses against first responders such as law enforce-
ment officers, firefighters, and emergency services personnel as hate
crimes.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivisions 1, 2, and 4 of section 485.05 of the penal
law, as added by chapter 107 of the laws of 2000. Paragraphs (a) and
(b) of section 1, states that a person has committed a hate crime, when
he or she commits a specified offense and either intentionally selects
the person against whom the offense is committed or intended to be
committed to, or in part because of a belief or perception regarding
race, color, national origin, ancestry, gender, religion, religious
practice, age, disability, sexual orientation of a person, or because of
actual or perceived employment as a law enforcement officer, firefight-
er, or emergency medical services personnel.
Part 2 of section 1 states that proof of race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or sexu-
al orientation or employment as a law enforcement officer, a firefighter
or as emergency medical services personnel of either or both the defend-
ant and victim does not constitute as legally sufficient evidence in the
court of law.
Lastly, paragraphs (c), (d), and (e) provide definitions for the terms
"law enforcement officer", "firefighter", and "medical services person-
nel".
Section 2 lists the effective date.
 
JUSTIFICATION:
There has been an increase in mortality rates of law enforcement offi-
cers, firefighters, corrections officers and emergency medical services
personnel, within the past decade. In a report by the National Law
Enforcement Officers Memorial Fund in 2014, statistics showed that
approximately "126 federal, state, local, tribal and territorial offi-
cers died in the line of duty" which exhibited an increase in comparison
to 2012 and 2013. The increase in the death toll has been in part, due
to offenses intentionally aimed to harm first responders.
In 2009, a Cape Vincent, NY volunteer Emergency Medical Technician Mark
Davis, was shot and killed by a patient whom he was trying to help. Just
three years later, Webster, NY Police Lt. and volunteer firefighter Mike
Chiapperini and 911 Dispatcher Tomasz Kaczowka, were killed by a gunman
who ambushed the firefighters by creating a fire at his home. Two other
firefighters and one off-duty police officer was also injured in this
attack (USA Today, 2012).
In 2014, two law enforcement officers from the NYPD Wenjian Liu and
Rafael Ramos were murdered in an ambush-styled killing while they were
sitting in their patrol car (USA Today, 2014). The offender claimed in a
social media post prior to the murder, "I'm Putting Wings on Pigs
Today." These intentional acts of harm sadly caused numerous communities
to lose loved ones whose dedicated and selfless service was greatly
appreciated.
This is a problem that reaches across the county. In July 2016 five
police officers were killed and nine were wounded in an attack in
Dallas, Texas. In Baton Rouge, Louisiana three officers were killed and
three were wounded as they were responding to a call just ten days
later. According to the National Law Enforcement Officers Memorial Fund
and the Washington Post, ambush killings of police officers have seen a
dramatic increase over previous years.
This bill designates offenses aimed at first responders specifically
because of their job as a law enforcement officers, corrections offi-
cers, firefighters, medical service personnel, etc as a "hate crime".
This legislation intends to support and protect the men and women who
devote their lives to protecting and serving the people of New York
State.
 
LEGISLATIVE HISTORY:
2023 S5339 Veterans, Homeland Security, and Military Affairs
2022 S1917 Veterans, Homeland Security, and Military Affairs
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.