Bill Text: NY A04191 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the education law, in relation to requiring school district and board of cooperative educational services officials to report bias related offenses to law enforcement agencies

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2010-01-06 - referred to education [A04191 Detail]

Download: New_York-2009-A04191-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4191
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2009
                                      ___________
       Introduced  by  M. of A. RAMOS -- Multi-Sponsored by -- M. of A. ALESSI,
         CLARK, DIAZ, GALEF, MAGEE, MAISEL, McENENY, ORTIZ, WEISENBERG --  read
         once and referred to the Committee on Education
       AN  ACT  to  amend  the  education  law, in relation to requiring school
         district and board of cooperative educational  services  officials  to
         report bias related offenses to law enforcement agencies
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 3214-a
    2  to read as follows:
    3    S 3214-A. REPORTS OF BIAS-RELATED  OFFENSES.  1.  NOTWITHSTANDING  ANY
    4  PROVISION  OF  THIS  CHAPTER TO THE CONTRARY, UPON RECEIPT BY A TEACHER,
    5  ADMINISTRATOR OR OTHER EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPER-
    6  ATIVE EDUCATIONAL SERVICES OF ANY REPORT OF THE ALLEGED COMMISSION OF  A
    7  BIAS RELATED OFFENSE COMMITTED UPON THE PROPERTY OF SUCH SCHOOL DISTRICT
    8  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THE TEACHER, ADMINISTRATOR
    9  OR  OTHER  EMPLOYEE  SHALL  IMMEDIATELY REPORT THE ALLEGED COMMISSION OF
   10  SUCH BIAS RELATED OFFENSE TO A LAW ENFORCEMENT AGENCY  HAVING  JURISDIC-
   11  TION  OVER  SUCH  OFFENSE.  EACH SCHOOL DISTRICT OR BOARD OF COOPERATIVE
   12  EDUCATIONAL SERVICES SHALL COOPERATE WITH  ANY  LAW  ENFORCEMENT  AGENCY
   13  INVESTIGATING AND PROSECUTING A BIAS RELATED OFFENSE.
   14    2. FOR THE PURPOSES OF THIS SECTION, "BIAS RELATED OFFENSE" SHALL MEAN
   15  ANY  OFFENSE,  WHICH  IF  COMMITTED BY AN ADULT, WOULD CONSTITUTE A HATE
   16  CRIME AS DEFINED IN SUBDIVISION ONE OF SECTION 485.05 OF THE PENAL LAW.
   17    3. THE COMMISSIONER SHALL PROMULGATE AND DISTRIBUTE  TO  EVERY  SCHOOL
   18  DISTRICT  AND  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES SUCH RULES AND
   19  REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE  PROVISIONS  OF  THIS
   20  SECTION AND ENSURE COMPLIANCE THEREWITH.
   21    S 2. This act shall take effect immediately, except that subdivision 1
   22  of  section 3214-a of the education law, as added by section one of this
   23  act, shall take effect on the first of  September  next  succeeding  the
   24  date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07673-01-9