Provides for the creation of the governor's advisory council on bias-related violence; provides for membership therein and powers and duties thereof (chiefly studies and recommendations); provides that the council shall consist of 20 members representative of government who have historically been targets of bias-related violence and members of the clergy.
TITLE OF BILL: An act to amend the executive law, in relation to the creation of the council on bias-related violence
PURPOSE: This bill establishes a Governor's Advisory Council on Bias-Related Violence.
SUMMARY OF PROVISIONS: This bill would authorize the creation of a council consisting of twenty members, representative of groups who have historically been the targets of bias-related violence and members of the clergy, to be appointed by the Governor. Each member will serve a term of two years. The Attorney General, the Commissioner of the Division of Criminal Justice Services and the Commissioner of the Division of Human Rights shall be ex-officio members.
The Council will have the following powers and duties: To receive and study incidents of bias-related violence, to analyze the responses to incidents of bias-related violence by governmental officials including law enforcement officials; and make recommendations to improve existing criminal and civil laws in redressing bias-related violence.
JUSTIFICATION: Due to the alarming increase in New York State of acts of violence and intimidation against members of racial, ethnic and religious groups, there is a need to create a body to monitor this type of violence.
FISCAL IMPLICATIONS: Estimated appropriation - $200,000.
LEGISLATIVE HISTORY: 2011-2012: S.2412 - Referred to Finance 2009-10: S.1141 - Referred to Finance 2007-08: S.2928 - Referred to Finance 2005-06: S.957 - Referred to Finance 2003-04: S.2119 - Referred to Finance 2001-02: S.1567/A.2541 - Referred to Finance
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 1533 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. PERKINS, HASSELL-THOMPSON, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to the creation of the council on bias-related violence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new article 19-M to read as follows: ARTICLE 19-M GOVERNOR'S ADVISORY COUNCIL ON BIAS-RELATED VIOLENCE SECTION 549-X. GOVERNOR'S ADVISORY COUNCIL ON BIAS-RELATED VIOLENCE. 549-Y. GENERAL POWERS AND DUTIES OF THE COUNCIL. 549-Z. ASSISTANCE OF OTHER AGENCIES. S 549-X. GOVERNOR'S ADVISORY COUNCIL ON BIAS-RELATED VIOLENCE. 1. THERE IS HEREBY ESTABLISHED WITHIN THE EXECUTIVE DEPARTMENT A GOVERNOR'S ADVISORY COUNCIL ON BIAS-RELATED VIOLENCE. THE COUNCIL SHALL CONSIST OF TWENTY MEMBERS, BROADLY REPRESENTATIVE OF THE VARIOUS GROUPS IN SOCIETY WHICH HAVE HISTORICALLY BEEN THE TARGETS OF BIAS-RELATED VIOLENCE AND OF CLERGY, TO BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE, FROM AMONG PRIVATE CITIZENS. IN MAKING SUCH APPOINTMENTS, DUE CONSIDERATION SHALL BE GIVEN TO THE RECOMMENDATIONS MADE BY REPRE- SENTATIVE CIVIC, EDUCATIONAL, LEGAL AND ADVOCACY GROUPS AND ASSOCIATIONS CONCERNED WITH OR OTHERWISE ENGAGED IN THE REPRESENTATION OF INTERESTS OF PERSONS WHO HAVE BEEN THE TARGETS OF BIAS-RELATED VIOLENCE. IN ADDI- TION, THE ATTORNEY GENERAL, THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS SHALL BE EX OFFICIO MEMBERS OF THE COUNCIL.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04205-01-3 S. 1533 2
2. THE TERM OF OFFICE OF EACH MEMBER OF THE COUNCIL SHALL BE FOR TWO YEARS. VACANCIES IN THE COUNCIL OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE FILLED FOR THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINTMENTS. THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON AND A VICE-CHAIRPERSON TO SERVE AS SUCH AT THE PLEASURE OF THE GOVERNOR. 3. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE REIMBURSED FOR ALL EXPENSES ACTUALLY AND NECES- SARILY INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER WITHIN THE AMOUNT MADE AVAILABLE BY APPROPRIATION THEREFOR. 4. THE CHAIRPERSON MAY APPOINT AN EXECUTIVE DIRECTOR AND SUCH EXPERTS AND EMPLOYEES AS HE OR SHE MAY DEEM NECESSARY, PRESCRIBE THEIR DUTIES, FIX THEIR COMPENSATION AND PROVIDE FOR REIMBURSEMENT OF THEIR EXPENSES WITHIN AMOUNTS AVAILABLE THEREFOR BY APPROPRIATION. S 549-Y. GENERAL POWERS AND DUTIES OF THE COUNCIL. THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND DUTIES: 1. TO RECEIVE INFORMATION WITH RESPECT TO, AND TO STUDY AND ANALYZE, INCIDENTS OF VIOLENCE THAT APPEAR TO BE BIAS-RELATED, AND TO EXAMINE THE ELEMENTS OF SUCH INCIDENTS TO IDENTIFY THOSE FACTORS THAT ARE CONSIST- ENTLY ASSOCIATED WITH SUCH VIOLENCE; 2. TO IDENTIFY AND ANALYZE THE RESPONSES TO INCIDENTS OF BIAS-RELATED VIOLENCE MADE BY GOVERNMENTAL OFFICIALS, INCLUDING LAW ENFORCEMENT OFFI- CIALS AND PROSECUTORS, AND TO DETERMINE WHETHER SUCH RESPONSES ARE BASED ON APPROPRIATE POLICIES AND PROCEDURES; 3. TO CONDUCT PUBLIC HEARINGS AS MAY BE NECESSARY TO CARRY OUT ITS FUNCTIONS HEREUNDER; AND 4. TO MAKE RECOMMENDATIONS WITH RESPECT TO THE FOLLOWING: A. EDUCATIONAL PROGRAMS TO TEACH CHILDREN THE VALUE OF TOLERANCE FOR OTHERS; B. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICIALS AND PROSECUTORS TO SENSITIZE THEM TO THE SPECIAL NATURE OF BIAS-RELATED CRIME AND TO ENCOURAGE THEM TO RECOGNIZE ITS EXISTENCE AND TO DEVELOP APPROPRIATE RESPONSES; C. THE APPROPRIATENESS AND EFFECTIVENESS OF EXISTING CIVIL AND CRIMI- NAL LAWS IN REDRESSING BIAS-RELATED VIOLENCE AND ANY CHANGES THAT SHOULD BE MADE IN SUCH LAWS; AND D. SUCH OTHER MATTERS AS MAY BE DEEMED APPROPRIATE BY THE COUNCIL AFTER CONSULTATION WITH INVOLVED PARTIES. S 549-Z. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF THIS ARTICLE, THE GOVERNOR'S ADVISORY COUNCIL ON BIAS-RELATED VIOLENCE MAY REQUEST FROM ANY DEPARTMENT, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE, AND THE SAME ARE AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA AS WILL ENABLE THE COUNCIL PROPERLY TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER. S 2. This act shall take effect immediately.