Bill Text: NY S00070 | 2021-2022 | General Assembly | Amended


Bill Title: Enacts the "hate crimes analysis and review act", specifying the collection and reporting of certain demographic data regarding the victims and alleged perpetrators of hate crimes.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Engrossed - Dead) 2021-06-01 - SUBSTITUTED BY A2230A [S00070 Detail]

Download: New_York-2021-S00070-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          70--A
            Cal. No. 452

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sens. HOYLMAN, RAMOS, SALAZAR, ADDABBO, BIAGGI, BRISPORT,
          COMRIE,  COONEY,  GOUNARDES,  HARCKHAM,  HINCHEY,   JACKSON,   KAPLAN,
          KAVANAGH,  LIU,  SKOUFIS  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Finance -- reported favor-
          ably from said committee, ordered to first and second report,  ordered
          to  a  third  reading, passed by Senate and delivered to the Assembly,
          recalled, vote reconsidered, restored to third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading

        AN  ACT  to  amend  the executive law, in relation to enacting the "hate
          crimes analysis and review act"

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

     1    Section  1.  This  act  shall  be  known and may be cited as the "hate
     2  crimes analysis and review act".
     3    § 2. Subdivision 4-c of section 837 of the executive law, as added  by
     4  chapter 107 of the laws of 2000, is amended to read as follows:
     5    4-c.  (a) In cooperation with the chief administrator of the courts as
     6  well as any other public or private agency,  including  law  enforcement
     7  agencies,  collect  [and], maintain, analyze and make public statistical
     8  and all other information and data with respect to the  number  of  hate
     9  crimes  reported to or investigated by the division of state police, and
    10  all other police or peace officers, the number of persons  arrested  for
    11  the  commission  of  such  crimes,  the offense for which the person was
    12  arrested, the demographic data of the victim or victims of  such  crimes
    13  including,  but  not limited to, race, color, national origin, ancestry,
    14  gender, gender identity or  expression,  religion,  religious  practice,
    15  age,  disability or sexual orientation of a person, the demographic data
    16  of the person or persons arrested for  the  commission  of  such  crimes
    17  including,  but  not limited to, race, color, national origin, ancestry,
    18  gender, gender identity or  expression,  religion,  religious  practice,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00071-07-1

        S. 70--A                            2

     1  age,  disability  or  sexual  orientation of a person, the county within
     2  which the arrest was made  and  the  accusatory  instrument  filed,  the
     3  disposition  of  the  accusatory  instrument  filed,  including, but not
     4  limited  to,  as  the  case may be, dismissal, acquittal, the offense to
     5  which the defendant pled guilty, the offense the defendant was convicted
     6  of after trial, and the sentence imposed. Data collected shall  be  used
     7  for research or statistical purposes only and shall not contain informa-
     8  tion  that may reveal the identity of any individual. The division shall
     9  include the statistics and other information required by  this  subdivi-
    10  sion  in  [the] an annual report submitted to the governor [and legisla-
    11  ture pursuant to subdivision twelve of this section], the speaker of the
    12  assembly, the temporary president of the senate, the chair of the assem-
    13  bly codes committee, the chair of the senate codes committee, the attor-
    14  ney general and the chief administrative judge of the  office  of  court
    15  administration. Such annual reports shall be a public record.
    16    (b)  As used in this section, the term "gender identity or expression"
    17  shall have the same meaning as defined in paragraph (c)  of  subdivision
    18  four of section 485.05 of the penal law.
    19    §  3.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law.
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