Bill Creating Stricter Penalties for Those Who Commit Hate Crimes Passes the Senate

One Step Away from Becoming Law

ALBANY, NY -- This week, Assemblyman Mike Spano’s (D,C,I-Yonkers) bill (A9673), which increases the severity of penalties for those who commit hate crimes, passed the Senate (S7994-Flanagan) and is now onto Governor Paterson for signature.  This legislation passed the Assembly on March 3rd. 

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Assemblyman Spano recognized that as technology continues to advance so do the forums for threatening or alarming material to be transmitted.  A broader definition of “written communication” was needed to be distinguished to include these new materials, such as DVD’s, CD’s , emails or any other forms of digital transmission utilizing the definition of “recording” codified in New York’s Penal Law, in order to acknowledge a hate crime.

Letters and antiquated models of communication such as telegrams are already covered by the statute. Recent developments in the State of New York, as in the City of Yonkers, have involved the unsolicited dissemination of threatening and hate laden material in the forms of CD’s hand delivered to residences have made the need for New York’s aggravated harassment statute to be kept at pace with technology clear.

“We have succeeded in passing legislation that will make it illegal to threaten or harass any individual or group based on their background,” stated Assemblyman Spano.  “Passage of this bill in the Senate takes this bill one step closer to becoming reality and I am hopeful that Governor Paterson sees the importance of signing this bill into Law.”

“The fact is that our state has an obligation to strengthen our laws to fight hate crimes in every form. The passage of this measure will provide greater protections to our law-abiding residents while keeping pace with growing technologies,” stated Senator John Flanagan (2nd Senate District).  “While I respect the right to freedom of speech, the criminals who try to conveniently hide behind it must know that hatred which infringes upon the liberties of another will never be tolerated in New York State.”

This measure is beneficial because when the deliveries of these types of communications constitute invidious hatred towards various ethnic groups, and then the crime can be effectively considered for prosecution as a "hate crime" pursuant to section 485.05 of the Penal Law. This legislation clarifies that any transmittal or delivery of a written communication in a manner likely to cause annoyance or alarm with the intent to harass, annoy, threaten or alarm another person, creates the crime of aggravated harassment in the second degree.

This legislation additionally amends the current law to include all types of hateful communications that may cause fear or anxiety to any individual or group that is being targeted, so that those who distribute offensive literature or communications can be charged with and prosecuted as a hate crime.

Comments

The state is a financial basket case and this guy is wasting time, energy and money on this P.C. crap. Mike I hate you...now come and get me.

What else to expect? He is most qualified for his role as the official tree planter of Yonkers. He's not good for anything else. This bill IS "PC" junk. Not needed.

Hey Mike are you in outer space people are more concern about how politians turn into thieves. Have you read the paper lately?

[WALTER RING]

I hate all jews, niggers, spics, chinks, gooks, towelheads, prairie niggers, wagon burners, mixed race mongrels and White race traitor politicians. Every nonwhite and White collaborator needs to die a violent, painful quick death. I DARE anyone to try to prosecute me for expressing my CONSTITUTIONALLY PROTECTED, FIRST AMENDMENT RIGHT TO FREEDOM OF SPEECH. WHITE POWER!!!

WALTER RING
RICHMOND, VA

There is a "ring" of truth in the post by Walter Ring. There may well be First Amendment issues at stake here.

But most would doubt Mike Spano even knows there is a First Amendment.

It's not the same as the First Commandment, Mike. You know, those things on tablets. Moses. Remember? There are ten of those.

wow - you people are crazy - walter - i'm glad you live in richmond. good job mike -m this is good legislation. all the rest of the nut jobs on this site are crazy and not nice people to say the least. wow...

It is TERRIBLE "feel good" legislation.

How about fixing this horrible school system. I watched Pierorazio last night and he sounded like an MC on a cruise ship. How many times does the BOE have to ask for things before Pierorazio understands what is asked of him? The guy is simple. They BOE seemed indifferent to Pierorazio. Something is up. Word has it that Pierorazio is getting the boot. We are not surprised. This district has hit rock bottom. The only people who believe we are doing great is Pierorazio/Amicone. Ask the educators.

Pierorazio is awful, and his spinning only fools a few, but one of those few is Amicone, who lost touch with reality some time ago. The Council is just as stupid when it comes to the BOE, and everything else.

Is there anything to the rumor that Mikey and Mary Calvi have split up their marriage?

Is there anything to the rumor that Mikey and Mary Calvi have split up their marriage?