STATE OF NEW YORK ________________________________________________________________________ 5512 2017-2018 Regular Sessions IN SENATE April 4, 2017 ___________ Introduced by Sen. GALLIVAN -- 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 hate crimes and community centers 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 240.00 of the penal law is amended 2 to read as follows: 3 1. "Public place" means a place to which the public or a substantial 4 group of persons has access, and includes, but is not limited to, high- 5 ways, transportation facilities, schools, places of amusement, parks, 6 playgrounds, community centers, and hallways, lobbies and other portions 7 of apartment houses and hotels not constituting rooms or apartments 8 designed for actual residence. 9 § 2. Subdivision 3 of section 485.05 of the penal law, as amended by 10 chapter 405 of the laws of 2010, is amended to read as follows: 11 3. A "specified offense" is an offense defined by any of the following 12 provisions of this chapter: 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); section 121.12 (strangulation in the second degree); 20 section 121.13 (strangulation in the first degree); subdivision one of 21 section 125.15 (manslaughter in the second degree); subdivision one, two 22 or four of section 125.20 (manslaughter in the first degree); section 23 125.25 (murder in the second degree); section 120.45 (stalking in the 24 fourth degree); section 120.50 (stalking in the third degree); section 25 120.55 (stalking in the second degree); section 120.60 (stalking in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10752-01-7

S. 5512 2 1 first degree); subdivision one of section 130.35 (rape in the first 2 degree); subdivision one of section 130.50 (criminal sexual act in the 3 first degree); subdivision one of section 130.65 (sexual abuse in the 4 first degree); paragraph (a) of subdivision one of section 130.67 5 (aggravated sexual abuse in the second degree); paragraph (a) of subdi- 6 vision one of section 130.70 (aggravated sexual abuse in the first 7 degree); section 135.05 (unlawful imprisonment in the second degree); 8 section 135.10 (unlawful imprisonment in the first degree); section 9 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in 10 the first degree); section 135.60 (coercion in the second degree); 11 section 135.65 (coercion in the first degree); section 140.10 (criminal 12 trespass in the third degree); section 140.15 (criminal trespass in the 13 second degree); section 140.17 (criminal trespass in the first degree); 14 section 140.20 (burglary in the third degree); section 140.25 (burglary 15 in the second degree); section 140.30 (burglary in the first degree); 16 section 145.00 (criminal mischief in the fourth degree); section 145.05 17 (criminal mischief in the third degree); section 145.10 (criminal 18 mischief in the second degree); section 145.12 (criminal mischief in the 19 first degree); section 150.05 (arson in the fourth degree); section 20 150.10 (arson in the third degree); section 150.15 (arson in the second 21 degree); section 150.20 (arson in the first degree); section 155.25 22 (petit larceny); section 155.30 (grand larceny in the fourth degree); 23 section 155.35 (grand larceny in the third degree); section 155.40 24 (grand larceny in the second degree); section 155.42 (grand larceny in 25 the first degree); section 160.05 (robbery in the third degree); section 26 160.10 (robbery in the second degree); section 160.15 (robbery in the 27 first degree); section 240.25 (harassment in the first degree); subdivi- 28 sion one, two or four of section 240.30 (aggravated harassment in the 29 second degree); section 240.55 (falsely reporting an incident in the 30 second degree); section 240.62 (placing a false bomb or hazardous 31 substance in the first degree); or any attempt or conspiracy to commit 32 any of the foregoing offenses. 33 § 3. This act shall take effect on the ninetieth day after it shall 34 have become a law.