BILL NUMBER:S3986

TITLE OF BILL:

An act to amend the civil rights law, in relation to requiring
reporting of unlawful acts which appear to be based on race, national
origin, religion or sexual orientation

SUMMARY:

Section 1: This bill would amend the civil Rights Law by creating a
new section 40-h. It would require police agencies throughout the
State of New York to report "bias incidents" to the State Division of
Criminal Justice Services.

JUSTIFICATION:

Crimes motivated by hatred are exceptionally deplorable. Hate crimes
may inflame intergroup tensions, may threaten community stability, and
may undermine efforts to promote tolerance and civil rights. For these
reasons, New York State should require police agencies across the
State to record and report bias incidents.  The New York City Police
Department has been recording such incidents since creating its bias
Incident Investigation Unit in 1981. Maryland and Pennsylvania have
recently enacted similar legislation.

              

The legislation will serve two Principal purposes. First, it will
enable New York State to monitor the levels of bias incidents--to see
whether certain types of hate crimes are on the rise or on the
decline, to see whether certain areas of the State are more or less
successful in combating acts of prejudice. Without such a reporting
system, political and civil rights leaders will not be able to rely
upon objective information about the levels of prejudice-motivated
violence.

Second, by requiring police agencies to report and catalogue bias
incidents, the legislation will encourage police departments across
the state to recognize the unique qualities of bias incidents and
thereby to provide the appropriate law enforcement and community
response. Once a crime is identified as having a bias component, then
the police and community organizations can develop a strategy based on
this unique aspect--the police departments can bring in community
affairs officers, local organizations can mobilize religious, ethnic
or community groups, etc. Through the process of identification of the
bias incident, the damage caused by the crime can be ameliorated and
contained.

LEGISLATIVE HISTORY:

2013-14: S.3130- Referred to Investigations and Government Operations
2011-12 S.6201 - Referred to Investigations and Government Operations

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect on the ninetieth day after it shall have
become law, with provisions.