Bill Text: NY A00237 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires the municipal police training council to develop policies and procedures regarding the use of internet technology and the use of such technology to perpetuate harassment or other crimes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A00237 Detail]

Download: New_York-2021-A00237-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           237

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by M. of A. QUART, COLTON, RODRIGUEZ, STIRPE -- read once and
          referred to the Committee on Governmental Operations

        AN  ACT to amend the executive law and the civil rights law, in relation
          to harassment through electronic communication

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 840 of the executive law is amended by adding a new
     2  subdivision 7 to read as follows:
     3    7. The council shall, in addition:
     4    (a) Develop, maintain, and disseminate written policies and procedures
     5  regarding  current  internet  technology  and how such technology may be
     6  used to perpetrate harassment or other crimes. Such policies and  proce-
     7  dures  shall  make  provisions for the education and training of new and
     8  veteran police officers; and
     9    (b) Recommend to the governor, rules and regulations with  respect  to
    10  the  establishment  and implementation on an ongoing basis of a training
    11  program for all current and new police officers regarding  the  policies
    12  and  procedures  established  pursuant  to  this subdivision, along with
    13  recommendations for periodic retraining of police officers.
    14    § 2. Subdivision 2 of section 79-n of the civil rights law, as amended
    15  by chapter 93 of the laws of 2020, is amended to read as follows:
    16    2. Any person who intentionally selects a person or property for  harm
    17  or causes damage to the property of another or causes physical injury or
    18  death  to  another  or summons a police officer or peace officer without
    19  reason to suspect a violation of  the  penal  law,  any  other  criminal
    20  conduct,  or  an  imminent  threat  to  a person or property, or commits
    21  harassment as defined in section 240.25 of the penal law in whole or  in
    22  substantial  part  because of a belief or perception regarding the race,
    23  color, national origin, ancestry, gender, religion, religious  practice,
    24  age, disability or sexual orientation of a person, regardless of whether

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01952-01-1

        A. 237                              2

     1  the  belief or perception is correct, shall be liable, in a civil action
     2  or proceeding maintained by such individual or group of individuals, for
     3  injunctive relief, damages, or any other appropriate relief  in  law  or
     4  equity.  If  it shall appear to the satisfaction of the court or justice
     5  that the respondent has, in fact, violated this section,  an  injunction
     6  may  be  issued  by such court or justice, enjoining and restraining any
     7  further violation, without requiring proof that any person has, in fact,
     8  been injured or damaged thereby. For the purposes of this subdivision, a
     9  person lacks reason to suspect a violation of the penal law,  any  other
    10  criminal  conduct, or an imminent threat to a person or property where a
    11  reasonable person would not suspect such violation, conduct, or threat.
    12    § 3. This act shall take effect on the first of November next succeed-
    13  ing the date on which it shall have become a law.
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