Bill Text: NY S04689 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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) 2020-01-08 - REFERRED TO CODES [S04689 Detail]

Download: New_York-2019-S04689-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4689
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 20, 2019
                                       ___________
        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the civil rights law and the executive 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. The civil rights law is amended by adding a new section  16
     2  to read as follows:
     3    §  16.  Protection of speech and religious rights. No person may will-
     4  fully injure or interfere with,  nor  willfully  attempt  to  injure  or
     5  interfere  with, any other person in such other person's lawful exercise
     6  of any right of free speech or religion secured by the  constitution  or
     7  laws  of  New  York  state  or by the constitution or laws of the United
     8  States.  In addition to any other cause of action and  remedy  that  may
     9  exist,  any person aggrieved by a violation of this section shall have a
    10  cause of action for injunctive relief.
    11    § 2. Section 840 of the executive law  is  amended  by  adding  a  new
    12  subdivision 6 to read as follows:
    13    6. The council shall, in addition:
    14    (a) Develop, maintain, and disseminate written policies and procedures
    15  regarding  current  internet  technology  and how such technology may be
    16  used to perpetrate harassment or other crimes. Such policies and  proce-
    17  dures  shall  make  provisions for the education and training of new and
    18  veteran police officers; and
    19    (b) Recommend to the governor, rules and regulations with  respect  to
    20  the  establishment  and implementation on an ongoing basis of a training
    21  program for all current and new police officers regarding  the  policies
    22  and  procedures  established  pursuant  to  this subdivision, along with
    23  recommendations for periodic retraining of police officers.
    24    § 3. Subdivision 2 of section 79-n of the civil rights law,  as  added
    25  by chapter 227 of the laws of 2010, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01431-03-9
        S. 4689                             2
     1    2.  Any person who intentionally selects a person or property for harm
     2  or causes damage to the property of another [or], causes physical injury
     3  or death to another or commits harassment as defined in  section  240.25
     4  of  the penal law in whole or in substantial part because of a belief or
     5  perception regarding the race, color, national origin, ancestry, gender,
     6  religion, religious practice, age, disability or sexual orientation of a
     7  person, regardless of whether the belief or perception is correct, shall
     8  be liable, in a civil action or proceeding maintained by such individual
     9  or  group  of  individuals, for injunctive relief, damages, or any other
    10  appropriate relief in law or equity. If it shall appear to the satisfac-
    11  tion of the court or justice that the respondent has, in fact,  violated
    12  this  section,  an  injunction  may  be issued by such court or justice,
    13  enjoining and restraining any further violation, without requiring proof
    14  that any person has, in fact, been injured or damaged thereby.
    15    § 4. This act shall take effect on the first of November next succeed-
    16  ing the date on which it shall have become a law.