Bill > A00684

This bill amends the New York Penal Law to expand the definition of first-degree murder to include crimes where the defendant intentionally selects a victim based on their actual or perceived characteristics, such as race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation. The bill modifies sentencing provisions for first-degree murder, providing that such crimes can result in either the death penalty or life imprisonment without parole. Specifically, the legislation adds a new subsection to the existing murder statute that considers a hate-motivated killing as an aggravating factor. For defendants convicted under this new provision, the court must conduct a separate sentencing proceeding to determine whether the death penalty or life without parole is appropriate. The bill requires jury unanimity in sentencing, and if the jury cannot unanimously agree, the default sentence will be life imprisonment without parole. This change aims to provide additional legal protection and more severe penalties for crimes motivated by bias against specific personal characteristics, signaling a strong stance against hate-motivated violence.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A684