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A06121 Summary:

BILL NOA06121
 
SAME ASNo Same As
 
SPONSORCurran
 
COSPNSR
 
MLTSPNSR
 
Amd §40-d, Civ Rts L
 
Increases the monetary penalties for the crimes of aggravated harassment in the first or second degrees or for discrimination; provides that such penalty shall be not less than five hundred dollars nor more than twenty-five hundred dollars for the first violation and not less than twenty-five hundred dollars nor more than twelve thousand five hundred dollars for each subsequent violation.
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A06121 Actions:

BILL NOA06121
 
04/03/2023referred to governmental operations
01/03/2024referred to governmental operations
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A06121 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6121
 
SPONSOR: Curran
  TITLE OF BILL: An act to amend the civil rights law, in relation to increasing the monetary and criminal penalties for aggravated harassment or discrimi- nation   PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the Civil Rights Law, to increase the monetary and criminal penalties for the-crime of aggravated harassment or for violat- ing the antidiscrimination provisions of the Civil Rights Law.   SUMMARY OF PROVISIONS: For violating the anti-discrimination provisions of the Civil Rights Law or of aggravated harassment under the Penal Law, this bill would: * Increase the existing monetary penalty from a minimum of $100 to $500 and a maximum of $500 to $2,500 for a first violation and institute a new monetary penalty of at least $2,500 to no more than $12,500 for any subsequent violation; and * Increase the criminal penalty from a Class A misdemeanor to a Class E felony for a first violation and to a Class D felony for any subsequent violation.   JUSTIFICATION: Despite the existence of strong civil anti-discrimination laws in this State, the Attorney General's Office receives numerous complaints alleg- ing violations of the Civil Rights Law in employment, public accommo- dation, and housing each year. The New York State Division of Human Rights likewise receives numerous discrimination complaints each year; for fiscal year 1994-95, over 5,200 such complaints were received by that agency. The modest penalties available under current law are insuf- ficient to deter those who would violate such laws. A reasonable and realistic increase in the fines and criminal sanctions, as provided under this bill, would provide a more meaningful deterrent to inten- tional acts of discrimination, particularly when such acts, are recur- rent.   PRIOR LEGISLATIVE HISTORY:   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Slight increase in revenue to the state from the increase in fines.   EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become a law.
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A06121 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6121
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced by M. of A. CURRAN -- read once and referred to the Committee
          on Governmental Operations
 
        AN  ACT  to  amend  the  civil rights law, in relation to increasing the
          monetary and criminal penalties for aggravated harassment or discrimi-
          nation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 40-d of the civil rights law, as amended by chapter
     2  191 of the laws of 1982, is amended to read as follows:
     3    § 40-d. Penalty for violation. Any person who shall violate any of the
     4  provisions  of  the  foregoing  section, or subdivision three of section
     5  240.30 or section 240.31 of the penal law, or who shall  aid  or  incite
     6  the  violation  of any of said provisions shall for [each and every] the
     7  first violation thereof be liable to a penalty of not  less  than  [one]
     8  five  hundred  dollars nor more than [five] twenty-five hundred dollars,
     9  and for each subsequent violation thereof be liable to a penalty of  not
    10  less than twenty-five hundred dollars nor more than twelve thousand five
    11  hundred  dollars, to be recovered by the person aggrieved thereby in any
    12  court of competent jurisdiction in the county  in  which  the  defendant
    13  shall  reside.  In  addition,  any  person  who shall violate any of the
    14  provisions of the foregoing section shall be deemed guilty of a class [A
    15  misdemeanor] E felony for the first violation  thereof  and  a  class  D
    16  felony for any subsequent violation thereof.  At or before the commence-
    17  ment  of  any  action under this section, notice thereof shall be served
    18  upon the attorney general.
    19    § 2. This act shall take effect on the first of November next succeed-
    20  ing the 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.
                                                                   LBD10537-01-3
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