§ 485.10 Sentencing.
1. When a person is convicted of a hate crime pursuant to this arti-
cle, and the specified offense is a violent felony offense, as defined
in section 70.02 of this chapter, the hate crime shall be deemed a
violent felony offense.
2. When a person is convicted of a hate crime pursuant to this article
and the specified offense is a misdemeanor or a class C, D or E felony,
the hate crime shall be deemed to be one category higher than the speci-
fied offense the defendant committed, or one category higher than the
offense level applicable to the defendant's conviction for an attempt or
conspiracy to commit a specified offense, whichever is applicable.
3. Notwithstanding any other provision of law, when a person is
convicted of a hate crime pursuant to this article and the specified
offense is a class B felony:
(a) the maximum term of the indeterminate sentence must be at least
six years if the defendant is sentenced pursuant to section 70.00 of
this chapter;
(b) the term of the determinate sentence must be at least eight years
if the defendant is sentenced pursuant to section 70.02 of this chapter;
(c) the term of the determinate sentence must be at least twelve years
if the defendant is sentenced pursuant to section 70.04 of this chapter;
(d) the maximum term of the indeterminate sentence must be at least
four years if the defendant is sentenced pursuant to section 70.05 of
this chapter; and
(e) the maximum term of the indeterminate sentence or the term of the
determinate sentence must be at least ten years if the defendant is
sentenced pursuant to section 70.06 of this chapter.
4. Notwithstanding any other provision of law, when a person is
convicted of a hate crime pursuant to this article and the specified
offense is a class A-1 felony, the minimum period of the indeterminate
sentence shall be not less than twenty years.
5. In addition to any of the dispositions authorized by this chapter,
the court shall require as part of the sentence imposed upon a person
convicted of a hate crime pursuant to this article, that the defendant
complete a program, training session or counseling session directed at
hate crime prevention and education, where the court determines such
program, training session or counseling session is appropriate, avail-
able and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
(As amended by L.2022 c.624 effective 12/22/22.)
NYSentencing