Bill Text: NY A08070 | 2019-2020 | General Assembly | Amended


Bill Title: Enacts the "hate crimes analysis and review act", specifying the collection and reporting of certain demographic data regarding the victims and alleged perpetrators of hate crimes.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Engrossed) 2019-06-18 - REFERRED TO RULES [A08070 Detail]

Download: New_York-2019-A08070-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8070--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced  by M. of A. REYES -- read once and referred to the Committee
          on Codes -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend  the executive law, in relation to enacting the "hate
          crimes analysis and review act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be  known and may be cited as the "hate
     2  crimes analysis and review act".
     3    § 2. Subdivision 4-c of section 837 of the executive law, as added  by
     4  chapter 107 of the laws of 2000, is amended to read as follows:
     5    4-c.  (a) In cooperation with the chief administrator of the courts as
     6  well as any other public or private agency,  including  law  enforcement
     7  agencies,  collect  [and], maintain, analyze and make public statistical
     8  and all other information and data with respect to the  number  of  hate
     9  crimes  reported to or investigated by the division of state police, and
    10  all other police or peace officers, the number of persons  arrested  for
    11  the  commission  of  such  crimes,  the offense for which the person was
    12  arrested, the demographic data of the victim or victims of  such  crimes
    13  including,  but  not limited to, race, color, national origin, ancestry,
    14  gender, religion, religious practice,  age,  disability,  sexual  orien-
    15  tation  of  a  person, regardless of whether the belief or perception is
    16  correct, or gender identity or expression, the demographic data  of  the
    17  person  or persons arrested for the commission of such crimes including,
    18  but not limited to, race,  color,  national  origin,  ancestry,  gender,
    19  religion,  religious  practice, age, disability, sexual orientation of a
    20  person, regardless of whether the belief or perception  is  correct,  or
    21  gender  identity  or  expression, the county within which the arrest was
    22  made and the accusatory instrument filed, the disposition of the accusa-
    23  tory instrument filed, including, but not limited to, as  the  case  may
    24  be,  dismissal, acquittal, the offense to which the defendant pled guil-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06567-04-9

        A. 8070--A                          2

     1  ty, the offense the defendant was convicted  of  after  trial,  and  the
     2  sentence  imposed.  Data collected shall be used for research or statis-
     3  tical purposes only and shall not contain information  that  may  reveal
     4  the  identity  of any individual. The division shall include the statis-
     5  tics and other information required by  this  subdivision  in  [the]  an
     6  annual  report  submitted  to  the governor [and legislature pursuant to
     7  subdivision twelve of this section], the chair  of  the  assembly  codes
     8  committee, the chair of the senate codes committee, the attorney general
     9  and  the  chief  administrative  judge  of  the office of court adminis-
    10  tration. Such annual reports shall be a public record.
    11    (b) As used in this section, the term "gender identity or  expression"
    12  means  a  person's  actual or perceived gender-related identity, appear-
    13  ance,  behavior,  expression,  or  other  gender-related  characteristic
    14  regardless  of  the sex assigned to such person at birth, including, but
    15  not limited to, the status of being transgender.
    16    § 3. This act shall take effect on the ninetieth day  after  it  shall
    17  have become a law.
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