NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8962
SPONSOR: Brown E TITLE OF BILL:
An act to amend the criminal procedure law, in relation to requiring an
arrest by a police officer where there is evidence of a hate crime
PURPOSE:
Requires an arrest where a police officer has reasonable cause to
believe a hate crime has been committed
SUMMARY OF PROVISIONS:
Section 1. Section 140.10 of the criminal procedure law is amended by
adding a new subdivision 7 to read as follows:
7. Notwithstanding any other provisions of this section, a police offi-
cer shall arrest a person, and shall not attempt to reconcile the
parties or mediate, where such officer has reasonable cause to believe
that a hate crime has been committed.
Section 2: Provides the effective date.
JUSTIFICATION:
This bill will allow a police officer to make an arrest, if called to
the scene by an accuser that is fearful to press charges, so long as the
police officer has reasonable cause to believe a hate crime was commit-
ted.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
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8962
IN ASSEMBLY
January 31, 2024
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring an
arrest by a police officer where there is evidence of a hate crime
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 140.10 of the criminal procedure law is amended by
2 adding a new subdivision 7 to read as follows:
3 7. Notwithstanding any other provisions of this section, a police
4 officer shall arrest a person, and shall not attempt to reconcile the
5 parties or mediate, where such officer has reasonable cause to believe
6 that a hate crime has been committed.
7 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13319-01-3
