Legislation Introduced by Senator Hoylman-Sigal and Assemblymember Lee in Partnership with DA Bragg After Spike in Hate Crimes Updates 24-Year Old Hate Crime Legislation to Expand the List of Offenses
NEW YORK — The final New York State FY2025 state budget includes a modified version of the Hate Crime Modernization Act (S.7737/A.8261) sponsored by New York State Senator Brad Hoylman-Sigal (D/WFP-Manhattan) and New York State Assembly Member Grace Lee (D-Manhattan). New York State’s original Hate Crimes Act of 2000 will be updated to include 23 additional offenses, better equipping it to address the range of hate crimes being committed in New York. Offenses that can now be prosecuted as hate crimes include Gang Assault, Sexual Abuse, and Falsely Reporting an Incident. A full list of eligible offenses can be found below.
The Hate Crimes Modernization Act was first introduced by Senator Hoylman-Sigal and Assemblymember Lee in partnership with Manhattan District Attorney Alvin Bragg in 2023 to address a dramatic increase in hate crimes seen across the country, including in New York State. Since 2019, hate crimes targeting almost every major racial and ethnic group in the United States have increased, with especially large increases impacting Asian Americans following the pandemic, Jews and Muslims following the events of October 7th and the ongoing Israeli-Palestinian conflict, and the LGBTQ community and trans Americans. In New York, efforts by law enforcement officials to address this rise in hate have been obstructed by restrictions imposed by the 2000 Hate Crimes Act, which limits the types of offenses that can be legally classified as hate crimes. With the passage of this year’s state budget, law enforcement officials in New York will now be better equipped to accurately track and respond to hate crimes as they occur, sending a clear message that hate crimes will not be tolerated in New York State.
The following actions can now be prosecuted as hate crimes in New York State: Gang Assault in the First Degree, Gang Assault in the Second Degree, Criminal Obstruction of Breathing or Blood Circulation, Murder in the First Degree, Aggravated Murder, Sexual Misconduct, Rape in the Second Degree, Rape in the Third Degree, Forcible Touching, Persistent Sexual Abuse, Sexual Abuse in the Second Degree, Sexual Abuse in the Third Degree, Aggravated Sexual Abuse in the Third Degree, Aggravated Sexual Abuse in the Fourth Degree, Sex Trafficking, Sex Trafficking of a Child, Falsely Reporting an Incident in the First Degree, Falsely Reporting an Incident in the Second Degree, Falsely Reporting an Incident in the Third Degree, Criminal Possession of a Weapon in the First Degree, Criminal Possession of a Weapon in the Second Degree, Criminal Sexual Act in the Second Degree, Criminal Sexual Act in the Third Degree, Any Attempt or Conspiracy to Commit Any of the Foregoing Offenses.
Senator Brad Hoylman-Sigal said: “As we witness an unprecedented rise in bias-motivated crimes against Jewish, Muslim, Asian American and LGBTQ people, it’s of the utmost importance that New York closes the dozens of loopholes in our hate crime statute to send an urgent message that hatred won’t be tolerated in our state. I’m proud that after working with the Governor, District Attorney Bragg and Assembly Member Lee, we’ve included the bulk of our Hate Crimes Modernization Act (S7737) in the New York State Budget. With this legislation, we will give prosecutors the necessary tools to take appropriate action against hate so we can better protect New Yorkers of differing backgrounds. I’m extremely grateful to Senate Majority Leader Stewart-Cousins, Speaker Heastie and all my colleagues for supporting this important effort.”
Assemblymember Grace Lee said: “In recent years, we’ve witnessed a disturbing surge in hate crimes. In this year’s budget, we are fixing our state’s antiquated hate crimes statute to protect New Yorkers. Failing to address hate has a long-term corrosive effect on our communities that normalizes acts of hate and disregards victims’ experiences. This legislation will hold perpetrators of hate accountable, empower minority communities in New York, and foster healing in our communities. I am grateful to Senator Hoylman-Sigal and DA Bragg for standing with me to introduce this legislation; and to Governor Hochul, Speaker Heastie, and Majority Leader Stewart Cousins for their support.”
Manhattan District Attorney Alvin Bragg said: “The inclusion of the Hate Crimes Modernization Act in this year’s state budget is a significant step in closing loopholes and sending the message that New York does not tolerate hate. Nothing is more important than protecting New Yorkers, and this legislation represents meaningful change – better equipping us with the necessary tools to hold those accountable who target marginalized communities. I thank State Senator Hoylman-Sigal, Assemblymember Lee, Borough President Levine and the coalition of organizations and individuals who strongly supported this bill.”
Manhattan Borough President Mark Levine said: “Acts of hate have no place in New York, and the inclusion of the Hate Crimes Modernization Act is a strong step to protect those who are victims of horrible, hateful acts,” said Manhattan Borough President Mark Levine. “We are seeing an alarming rise in hate-related incidents which cannot be ignored, and this act will help strengthen our ability to protect communities that are targeted. I’m grateful for the leadership of D.A Bragg, Assembly Member Lee, Senator Hoylman-Sigal, and local community leaders who fought for this victory.”
UJA-Federation of New York CEO Eric Goldstein said: “UJA-Federation of New York strongly supports the Hate Crimes Modernization Act, which we consider a welcome and necessary effort to ensure the safety and security of all New Yorkers. At a time when anti-Jewish hate crimes are surging, this legislation will be a critical tool for law enforcement and the courts. We deeply appreciate the efforts of Assemblymember Grace Lee and Senator Brad Hoylman-Sigal to help ensure that hatred will not be tolerated in New York State,” said Eric S. Goldstein, CEO, UJA-Federation of New York.
Asian American Bar Association of New York (AABANY) President Joseph Eng, Jr. said: “The Asian American Bar Association of New York (AABANY) supports immediate passage of the Hate Crimes Modernization Act. The AAPI community in New York experienced unprecedented levels of hate and violence during the past few years, and the inadequacy of the current hate crimes statutes to effectively address the problem has been painfully revealed by the AAPI community’s experience. When an individual is attacked because of their race, ethnicity, religious belief, sexual orientation, or other such protected characteristic, not only is the individual harmed, but the community to which that individual belongs is harmed as well. Therefore, hate crimes statutes serve a vital interest in seeking justice and accountability for not just the individual who has been harmed but the broader community also. AABANY has been calling for reforms to New York’s hate crimes statutes, and we commend Assembly Member Lee and State Senator Hoylman-Sigal for advancing the proposed changes embodied in the Hate Crimes Modernization Act. These reforms represent a welcome first step, and more such reforms are needed to strengthen New York’s hate crimes laws, so that individuals and communities can seek justice and accountability for acts of hate and violence directed against them due to their race, ethnicity, religious beliefs, sexual orientation, or other protected status.”
Asian American Federation (AAF) Executive Director Jo-Ann Yoo said: “Over the last few years, we have seen first-hand the devastating effect of rising hate crimes on our communities. Despite these challenges, our Hope Against Hate Campaign has worked hard to provide crucial community safety resources to empower victims and Asian New Yorkers. Against this backdrop, we welcome The Hate Crimes Modernization Act, spearheaded by Assemblymember Lee, Senator Hoylman-Sigal, and District Attorney Bragg. This legislation refines and updates the legal definitions of hate crimes, and in cases where it is necessary to involve law enforcement, provides the tools to effectively respond to such crimes. As New York’s AAPI population continues to expand, and the imperative for robust responses to hate crimes grows, we look forward to working with our leaders to safeguard our communities and make our beloved City a safer place for all.”
Equality New York Political Director Melissa Sklarz said: “Equality New York is grateful to Governor Hochul, Senator Hoylman-Sigal and AM Grace Lee for including hate crimes modernization provisions in the Executive budget. A more polarized nation has brought an increase in violence targeting racial and religious communities along with LGBTQ people, even in parts of the country appearing more progressive such as New York. Equality New York supports increased vigilance when homophobic and transphobic people target our children, our homes, our access to healthcare, and our basic right to exist, from drag story hour to our LGBTQ teachers in the classroom. All New Yorkers deserve equal protection from violence and the threat of violence.”
Senator Shelly Mayer said: “I am truly pleased that New York State is taking action to expand the list of offenses categorized as hate crimes to reflect the increase in these acts of hate. I was proud to have served on the NYS Bar Association Task Force on Combating Anti-Semitism and Asian Hate, which endorsed a substantial increase in the list of crimes subject to enhanced penalties as hate crimes, and this Act adopts many of their recommendations. This new Hate Crime Modernization Act reinforces our commitment to protecting all New Yorkers and our belief that New York is home to everyone. I thank my colleagues, Senator Hoylman-Sigal and Assemblymember Grace Lee, for introducing this legislation, our leaders, Majority Leader Andrea Stewart-Cousins and Speaker Carl Heastie, for their support, and Governor Kathy Hochul for her leadership on this critical issue.”
Senator John Liu said: “Too many communities across New York have experienced a disturbing increase in hate crimes in recent years, and our outdated laws often prevent law enforcement from charging and prosecuting certain acts as hate crimes. The Hate Crimes Modernization Act catches our laws up to the times, and I thank Senator Brad Holylman-Sigal and Assembly Member Grace Lee for championing this effort in the state legislature.”
Council Member Gale Brewer said: “Hate crimes have spiked against too many in our communities—especially Asians, Jews and Muslims—and yet many of these attacks haven’t been ‘chargeable’. So the Hate Crimes Modernization Act is a much-needed reform. Congratulations and thanks must go to D.A. Alvin Bragg, State Sen. Brad Hoylman-Sigal and Assemblymember Grace Lee for shepherding it through Albany.”
Assemblymember Sam Berger said: “The severity of penalties for hate crimes are meant to keep those who perpetuate hate accountable and help safeguard innocent New Yorker’s from falling victim to these heinous crimes. In order to achieve our vow that there is no place for hate in New York, we must continue to ensure the definition encompasses all forms of hate and bigotry. I am proud to be a part of this legislation which takes a monumental step forward in preventing the persistence of hate in New York.”
Assemblymember Amy Paulin said: “Bigotry and racism are unacceptable, and ultimately corrosive to our communities. Hate crimes terrorize not only an individual, but the entire community. I’m co-sponsoring this bill because our laws need to reflect a reasonable understanding of what a hate crime is in order to protect people from the pervasive effect of hate crimes, and allow our wonderfully diverse and multicultural state to flourish.”
Assemblymember Charles Lavine said: “We must never stop seeking ways to fight hate. As a proud co-sponsor of this legislation, I believe it to be a useful weapon in the fight to stop the scourge of violence against people simply for who they are as a person and what they represent.”
Assemblymember Simcha Eichenstein said: “As we are experiencing an alarming increase in hate crimes throughout New York State, it is our job as state legislators to stem the tide by making additional offenses eligible for hate crime classification. Expanding offenses to the hate crime eligibility list will give authorities additional options for prosecuting hate crime perpetrators to the fullest extent of the law.”
Assemblymember Daniel O’Donnell said: “The Hate Crimes Modernization Act is more than just legislation – it’s a declaration that New York stands against hate in all its forms. By updating our hate crimes statute, we’re ensuring that every New Yorker, regardless of background, has the protection they deserve from bias-driven harm. This Act is a crucial step towards a more inclusive and secure New York for all.”
Assemblymember Stacey Pheffer Amato said: “Being attacked for who you are is not acceptable – hate has no place in our State. I thank Assemblywoman Lee for fighting to get this included in our State budget and I was proud to vote yes. We are expanding the criminal statute by adding new criminal charges which will make sure our communities are safe and show that actions have consequences.”
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