Bill Text: NY S01176 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires school districts and boards of cooperative educational services to immediately report bias related offenses to law enforcement agencies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO EDUCATION [S01176 Detail]

Download: New_York-2011-S01176-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1176
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed 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.
                                                                  LBD01727-01-1