Tag: D.A. Bragg

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D.A. Bragg, Senator Hoylman-Sigal and Assemblymember Lee Announce New Legislation to Combat Hate Crimes 

On November 6, at a press conference held at the New York County District Attorney’s Office, Manhattan District Attorney Alvin L. Bragg, Jr., New York State Senator Brad Hoylman-Sigal, and New York State Assemblymember Grace Lee announced the introduction of new state legislation called the Hate Crimes Modernization Act (S7737). This legislation aims to close existing loopholes in state law related to hate crimes. It expands the list of charges eligible for hate crime designation from 66 to 97, allowing for enhanced charges and sentences in cases involving hate crimes.

The legislation is a response to the rising number of hate crimes in New York City and New York State, with a record high of 650 reported hate crimes in New York City last year. The types of incidents have become more diverse, and the existing penal code has not kept up with these changes. Some significant charges were not previously included in the hate crimes law, such as Gang Assault, Making Graffiti, Sex Trafficking, Labor Trafficking, False Reporting, Criminal Possession of a Weapon, and certain sex crimes. The Hate Crimes Modernization Act is designed to address these issues and ensure greater accountability for individuals who commit offenses motivated by bias and prejudice.

AABANY’s contribution to fact-finding, statistical research and policy development is mentioned in the press release:

“Over the last few years, through its Anti-Asian Violence Task Force (AAVTF), AABANY has been closely monitoring and studying the sharp rise in hatred and violence against the New York AAPI community,” said Yang Chen, Executive Director, Asian American Bar Association of New York (AABANY). “We have worked closely with the Manhattan D.A.’s office and have shared several proposals for reform, including legislative reform. D.A. Bragg’s office has been open and receptive to our suggestions, and we commend the time and effort the office has put into drafting proposed changes to the hate crimes laws. We believe the current proposed statutory reforms to the New York hate crimes law represent a step in the right direction, and we look forward to continuing our collaboration with the Manhattan D.A.’s office to bring about effective hate crimes prosecution and enforcement.”

The legislation has garnered support from various community leaders, organizations, and government officials, including Manhattan Borough President Mark Levine, New York City Councilmember Keith Powers, the New York Police Department’s Hate Crimes Task Force, the NYC Office for the Prevention of Hate Crimes (OPHC), and multiple advocacy groups representing diverse communities. The bill is seen as a necessary step to combat hate crimes, protect marginalized communities, and hold perpetrators accountable for their actions.

To read the full press release, click here.

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In the News: AABANY Executive Director Yang Chen Weighs In on the New York Hate Crimes Modernization Act

In its November 7 article “NY Proposes stiffer hate crime laws,” AsAmNews reporter Ti-Hua Chang examined the challenges surrounding the prosecution of hate crimes in New York State and underscored current efforts to reform the legal framework to enable better reporting and prosecution.

Importantly, the article highlighted the loopholes that currently exist in the state’s legal framework for hate crimes. While on the rise, hate crimes are often underreported and under-prosecuted due to the lack of a comprehensive system to address them effectively. The newly-proposed Hate Crimes Modernization Act would close loopholes by increasing the number of categories legally considered hate crimes from 66 to 97. Some of the added possible hate crimes include forcible sexual touching, false reporting, and criminal possession of a weapon.

AABANY Executive Director Yang Chen’s take on the bill is quoted in the article:

Yang Chen, a lawyer and Executive Director of the Asian American Bar Association of New York, echoed Mr. Lee’s assessment of the bill being, “A good start. D.A. Bragg, he’s paying attention.  We actually talked to him about this issue when he was running for office and he’s following up… He’s done something. That’s good.” 

The article also highlights concerns that AABANY had shared with District Attorney Bragg. According to the article, out of 200 hate crimes reported in the news during the pandemic in New York City, only 3% had resulted in indictments. 

To read the full article, click here.

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AABANY’s Anti-Asian Violence Task Force Organizes Court Watching Event for Sentencing of Jarrod Powell, Yao Pan Ma’s Killer

On March 31, AABANY’s Anti-Asian Violence Task Force, under the leadership of Chair Elaine Chiu, who is also a Professor at St. John’s University School of Law, organized and led a court watching event at New York State Supreme Court to observe the sentencing of Jarrod Powell, who pled guilty to manslaughter in the 2021 killing of Yao Pan Ma. Powell admitted that his act was motivated by racial hatred against Yao Pan Ma, and Powell was convicted of manslaughter as a hate crime. He will serve 22 years in jail plus five years of post-release supervision.

Prof. Chiu wrote on LinkedIn:

More than 50 Asian New Yorkers came out today to #rememberyaopanma at the sentencing of his killer, Jarrod Powell. Together we helped our communities be seen and heard and not forgotten. Congrats to the team at Manhattan District Attorney’s Office for their commitment to these cases. Asian American Bar Association of New York thanks @donblee and @waiyeechan of Homecrest Community Services and Ansen Tang of United Chinese Association of Brooklyn. A big shout out to @maywong of the Pro Bono Committee!

Jeffrey Gu, a member of AABANY’s Anti-Asian Violence Task Force, wrote on LinkedIn:

The raw necessity of just showing up has never been more evident. Over 50 Asian American community members showed up this morning to #rememberYaoPanMa at the sentencing of his killer.

It is not easy hearing victim impact statements and wondering whether, under different circumstances, it could have been your colleague, or friend, or family member viciously attacked on account of their race. The killer admitted in his plea that he targeted Mr. Ma because he was Asian American. There is no amount of justice that can restore what was taken from Mr. Ma’s family: the loss of a father taken from his children, a husband from his wife, a son from his elderly mother.

Thank you to the Asian American Bar Association of New York for organizing the gathering of support. Thank you to Elaine Chiu for inviting me onto AABANY’s Anti-Asian Violence Taskforce and for your diligent work in this space on behalf of victims. Thank you to the Manhattan District Attorney’s Office for working on these cases.

As a community, what we can do is at least show up and refuse to let the stories of the victims of anti-Asian American hate fade away. Follow Asian American Bar Association of New York for future court watching and community gatherings.

Jeffrey is Co-Founder of Make Us Visible, a group advocating for AAPI history to be taught in school from K-12 across the country.

Hannah Yu, Chief of the Hate Crimes Unit in the Manhattan District Attorney’s Office, wrote on LinkedIn:

While this sentencing is the end of this sad chapter, the work of our Hate Crimes Unit continues. We are dedicated to serving every community in Manhattan and ensuring that everyone feels safe to be who they are. It is my sincere hope that the Ma family will continue to heal and find peace.

Her post included the Manhattan District Attorney’s Press Release on the sentencing that included the following quote from D.A. Bragg:

“Mr. Ma’s death was the result of a despicable racially motivated attack. His family endured an agonizing eight months in the hospital while the devoted husband and father of two remained in a vegetative state, before succumbing to his injuries on December 31, 2021,” said District Attorney Bragg.  “New York is one of the most diverse cities in the world, and no one should have to fear that they may be in danger because of their background. We will continue to work with our law enforcement partners to ensure that New Yorkers of all origins feel safe.”

AABANY thanks everyone who came out for this court watching event which epitomized the importance of the AAPI community showing up and standing up to speak out against AAPI hate. We thank Prof. Chiu for her leadership and Jeffrey Gu for his support and dedication. We thank Chief ADA Hannah Yu and the Manhattan DA’s office for their continuing fight to seek justice in hate crimes against the AAPI community and all targeted communities.

Support AABANY’s Anti-Asian Violence Task Force through our Turn the Tide (T3) Project. To learn more about the Task Force and its work, contact [email protected].