BILL NUMBER: S5872

SPONSOR: PARKER
 
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: The civil rights law is amended by adding a new section 40-h.

Section 2: This act shall take effect on the ninetieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made on or before
such date.

 
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 infor-
mation about the levels of prejudice-motivated violence.

Second, by requiring police agencies to report and catalogue bias inci-
dents, 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:

2021-22: S4791 - Referred to Investigations and Government Operations

2019-20: S.4592- Referred to Investigations and Government Operations

2017-18: S.3621- Referred to Investigations and Government Operations

2015-16: 5.3986- Referred to Investigations and Government Operations

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 a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such date.