A03358 Summary:

BILL NOA03358
 
SAME ASSAME AS S00502
 
SPONSORGottfried
 
COSPNSRGlick, O'Donnell, Titone, Bronson, Morelle, Rosenthal, Dinowitz, Cook, Hevesi, Kavanagh, Cahill, Englebright, Paulin, Ryan, Abinanti, Moya, Sepulveda, Mosley, Arroyo, Pichardo, Ortiz, Rozic, Weprin, Mayer, Blake, Jenne, Steck, Bichotte, Hunter, Harris, Carroll, D'Urso, Jean-Pierre, De La Rosa, Walker, Pellegrino, Skoufis
 
MLTSPNSRAubry, Benedetto, Braunstein, Buchwald, DenDekker, Fahy, Galef, Gunther, Hooper, Jaffee, Lifton, Lupardo, Magnarelli, McDonald, Otis, Peoples-Stokes, Perry, Pretlow, Quart, Ramos, Rivera, Seawright, Simon, Simotas, Skartados, Solages, Thiele
 
Amd 291, 292, 295, 296, 296-a & 296-b, Exec L; amd 40-c, Civ Rts L; amd 313, Ed L; amd 485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd 200.50, CP L
 
Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as having or being perceived as having a gender identity, self image, appearance, behavior or expression whether or not that gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.
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A03358 Actions:

BILL NOA03358
 
01/27/2017referred to governmental operations
03/07/2017reported referred to codes
03/07/2017reported
03/09/2017advanced to third reading cal.121
03/22/2017passed assembly
03/22/2017delivered to senate
03/22/2017REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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A03358 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Peoples-Stokes DATE:03/07/2017AYE/NAY:9/4 Action: Favorable refer to committee Codes
Peoples-StokesAyeJohnsNay
GalefAyeGoodellNay
BenedettoAyeLalorNay
GlickAyeByrneNay
KimAye
BuchwaldAye
BichotteAye
BlakeAye
HyndmanAye

CODES Chair:Lentol DATE:03/07/2017AYE/NAY:14/7 Action: Favorable
LentolAyeGrafNay
SchimmingerNayGiglioNay
WeinsteinAyeMcKevittNay
PretlowAyeMontesanoNay
CookAyeRaNay
CymbrowitzAyeMorinelloNay
TitusAye
O'DonnellAbsent
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye

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A03358 Floor Votes:

DATE:03/22/2017Assembly Vote  YEA/NAY: 92/48
AbbateYCrouchNOGoodellNOLiftonYO'DonnellYSimanowitzER
AbinantiYCurranNOGottfriedYLopezNOOrtizYSimonY
ArroyoERCusickNOGrafNOLupardoYOtisYSimotasY
AubryYCymbrowitzNOGuntherYLupinacciERPalmesanoNOSkartadosY
BarclayNODavilaYHarrisYMageeNOPalumboNOSkoufisY
BarnwellYDe La RosaYHawleyNOMagnarelliYPaulinYSolagesY
BarrettYDenDekkerYHevesiYMalliotakisNOPeoples-StokesYStecNO
BarronABDickensYHikindNOMayerYPerryYSteckY
BenedettoERDilanYHooperYMcDonaldYPheffer AmatoYStirpeY
BichotteERDinowitzYHunterYMcDonoughNOPichardoYThieleY
BlakeYDiPietroNOHyndmanYMcKevittNOPretlowYTitoneY
BlankenbushNOD'UrsoYJaffeeYMcLaughlinNOQuartYTitusY
BrabenecNOEnglebrightYJean-PierreYMill B NORaNOVanelAB
BraunsteinYErrigoNOJenneYMill MGYRaiaNOWalkerY
BrindisiYFahyYJohnsNOMill MLNORamosYWallaceY
BronsonYFarrellYJonesYMontesanoNORichardsonYWalshNO
BuchwaldYFinchNOJoynerYMorelleYRiveraYWalterNO
ButlerNOFitzpatrickNOKavanaghYMorinelloNORodriguezYWeinsteinY
ByrneNOFriendNOKearnsNOMosleyYRosenthalYWeprinY
CahillYGalefYKimYMoyaYRozicYWilliamsY
CarrollYGanttERKolbNOMurrayNORyanYWoernerY
CastorinaNOGarbarinoNOLalorNONiouYSantabarbaraNOWrightY
ColtonYGiglioNOLavineYNolanYSchimmingerNOZebrowskiY
CookYGjonajYLawrenceNONorrisNOSeawrightYMr SpkrY
CrespoYGlickERLentolYOaksNOSepulvedaY

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A03358 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3358
 
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the executive law, the civil rights law and the educa- tion law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender iden- tity or expression within the list of offenses subject to treatment as hate crimes   PURPOSE OR GENERAL IDEA OF BILL: To prohibit discrimination based on gender identity, or expression, and include offenses regarding gender identity or expression under the hate crimes statute.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 declares the legislative intent. Section 3 adds new Subdivision 35 to Section 292 of the Executive Law, defining "gender identity or expression." Other sections add "gender identity or expression" to list of factors that prohibit discrimination, as follows: Existing Law Description of Section Section Sec. 2 Exec. § 291(1)&(2) Equality of opportunity defined as a civil right Sec. 4 Exec. § 295(8)&(9) Division of Human Rights powers and duties Sec. 5 Exec. § 296(1) Employers, licensing agencies, employment agencies, and labor organizations Sec. 6 Exec. § 296(1-a) Apprenticeship training programs Sec. 7 Exec. § 296(2) Places of public accommodation, resort or amusement Sec. 8 Exec. § 296(2-a) Publicly-assisted housing Sec. 9 Exec. § 296(3-b) Realtors representing that a change has occurred or may occur in the composition of a neighborhood Sec.10 Exec. § 296(4) Nonsectarian education corporations or associations Sec.11 Exec. § 296(5) Private housing accommodations and commercial space, keeping the exemption for small, owner-occupied housing Sec.12 Exec. § 296(9) Volunteer fire department membership Sec.13 Exec. § 296(13) Commercial boycotts and blacklists Sec.14 Exec. § 296-a(1), Credit (2) &(3) Sec.15 Exec. § 296-b(2) Domestic worker harassment Sec.16 Civil Rights § 40-c Civil rights Sec.17 Educ. § 313(1) Education institutions, without affecting the rights of religious education institutions Sec.18 Educ. § 313(3) Unfair educational practices Sections 19 through 24 amend various provisions of the Penal Law and the Criminal Procedure Law to add "gender identity or expression" to the list of factors that can make a crime a "hate crime." Section 25 provides for an effective date.   JUSTIFICATION: Neither federal nor state statutes ban discrimination based on gender identity or expression in areas of employment, housing or public accom- modations. Because sexual orientation and gender identity or expression are different, courts generally have not interpreted sexual orientation nondiscrimination laws to include transgender discrimination. Eighteen states, the District of Columbia and Puerto Rico, and 157 cities and counties in the United States - including the cities of Albany, Buffalo, Ithaca, New York, Rochester and Syracuse, and the counties of Albany, Suffolk, Tompkins and Westchester have passed transgender-inclusive civil rights legislation. This legislation would extend those protections statewide.   PRIOR LEGISLATIVE HISTORY: 2003: A.8319-A reported to Rules; 2004: A.8319-A referred to Governmental Operations; 2005: A.7438 reported to Codes; 2006: A.7438 referred to Governmental Operations; 2007: A.6584 reported to Codes; S.3753 referred to Investigations and Gov't. Operations 2008: A.6584-A passed Assembly; S.3753 referred to Investigations and Gov't. Operations 2009-10: A.5710 - passed Assembly; S.2406 referred to Investigations and Gov't. Operations 2011-12: A.5039 - passed Assembly; S.2873/S.6349 referred to Investi- gations and Gov't Operations 2013: A4226 - passed Assembly; S195 referred to Investigations and Gov't. Operations 2014: A4226-8 passed Assembly; S195-B referred to Investigations and Gov't. Operations 2015: A4558B passed Assembly; S61B referred to Investigations and Govt Ops 2016: A4558B passed Assembly; S61B referred to Investigations and Govt Ops   FISCAL IMPLICATIONS: Minimal fiscal impact.   EFFECTIVE DATE: Thirty days after it shall have become law, except sections 19 through 24 will be effective on the first of November next succeeding the date on which it shall have become law.
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A03358 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3358
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2017
                                       ___________
 
        Introduced  by  M.  of  A. GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON,
          MORELLE, ROSENTHAL, DINOWITZ, COOK, HEVESI, KAVANAGH,  CAHILL,  ENGLE-
          BRIGHT,  PAULIN,  RYAN,  ABINANTI,  MOYA,  SEPULVEDA,  MOSLEY, ARROYO,
          PICHARDO, ORTIZ, ROZIC, WEPRIN, MAYER, BLAKE, JENNE, STECK,  BICHOTTE,
          HUNTER, HARRIS, CARROLL -- Multi-Sponsored by -- M. of A. AUBRY, BENE-
          DETTO, BRAUNSTEIN, BUCHWALD, DenDEKKER, FAHY, FARRELL, GALEF, GUNTHER,
          HOOPER,  JAFFEE, LIFTON, LUPARDO, MAGNARELLI, McDONALD, OTIS, PEOPLES-
          STOKES, PERRY, PRETLOW, QUART, RAMOS, RIVERA, SEAWRIGHT, SIMON,  SIMO-
          TAS,  SKARTADOS, SKOUFIS, SOLAGES, THIELE -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the executive law, the civil rights law and  the  educa-
          tion  law,  in  relation to prohibiting discrimination based on gender
          identity or expression; and to amend the penal law  and  the  criminal
          procedure  law,  in  relation  to  including offenses regarding gender
          identity or expression within the list of offenses subject  to  treat-
          ment as hate crimes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and intent. The legislature  reaffirms
     2  that  the state has the responsibility to act to assure that every indi-
     3  vidual within this state is afforded an equal  opportunity  to  enjoy  a
     4  full  and  productive  life,  and that the failure to provide such equal
     5  opportunity, whether because of discrimination,  prejudice,  intolerance
     6  or  inadequate  education,  training,  housing  or  health care not only
     7  threatens the rights and  proper  privileges  of  its  inhabitants,  but
     8  menaces  the  institutions and foundation of a free democratic state and
     9  threatens the peace, order, health, safety and general  welfare  of  the
    10  state and its inhabitants.
    11    The  legislature  further finds that many residents of this state have
    12  encountered prejudice on account of their gender identity or expression,
    13  and that this prejudice  has  severely  limited  or  actually  prevented
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02432-01-7

        A. 3358                             2
 
     1  access to employment, housing and other basic necessities of life, lead-
     2  ing  to  deprivation  and  suffering. The legislature further recognizes
     3  that this prejudice has fostered a  general  climate  of  hostility  and
     4  distrust,  leading  in some instances to physical violence against those
     5  perceived to live in a gender identity or expression which is  different
     6  from  that traditionally associated with the sex assigned to that person
     7  at birth.
     8    In so doing, the legislature makes clear its action is not intended to
     9  promote any particular attitude, course of conduct or way of life. Rath-
    10  er its purpose is to ensure that individuals who live in our free socie-
    11  ty have the capacity to make their own choices, follow their own beliefs
    12  and conduct their own lives as they see fit,  consistent  with  existing
    13  law.
    14    The  legislature  further finds that, as court decisions have properly
    15  held, New York's sex discrimination laws prohibit  discrimination  based
    16  on  gender  stereotypes  or  because  an  individual has transitioned or
    17  intends to transition from one gender to another.  This  legislation  is
    18  intended  to  codify this principle and to ensure that the public under-
    19  stands  that  discrimination  on  the  basis  of  gender  identity   and
    20  expression is prohibited.
    21    §  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
    22  amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
    23  follows:
    24    1. The opportunity to obtain employment without discrimination because
    25  of  age, race, creed, color, national origin, sexual orientation, gender
    26  identity or expression, military status, sex, marital status,  or  disa-
    27  bility, is hereby recognized as and declared to be a civil right.
    28    2.  The  opportunity  to obtain education, the use of places of public
    29  accommodation and the ownership, use and occupancy of  housing  accommo-
    30  dations  and  commercial  space  without  discrimination because of age,
    31  race, creed, color, national origin, sexual orientation, gender identity
    32  or expression, military status, sex, marital status, or  disability,  as
    33  specified  in  section two hundred ninety-six of this article, is hereby
    34  recognized as and declared to be a civil right.
    35    § 3. Section 292 of the executive law  is  amended  by  adding  a  new
    36  subdivision 35 to read as follows:
    37    35.  The  term "gender identity or expression" means a person's actual
    38  or perceived gender-related identity, appearance, behavior,  expression,
    39  or other gender-related characteristic regardless of the sex assigned to
    40  that person at birth, including, but not limited to, the status of being
    41  transgender.
    42    §  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
    43  amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
    44  follows:
    45    8. To create such advisory councils, local, regional or state-wide, as
    46  in  its  judgment  will aid in effectuating the purposes of this article
    47  and of section eleven of article one of the constitution of this  state,
    48  and  the  division  may  empower them to study the problems of discrimi-
    49  nation in all or specific fields of human relationships or  in  specific
    50  instances of discrimination because of age, race, creed, color, national
    51  origin,  sexual  orientation,  gender  identity  or expression, military
    52  status, sex, disability or marital status and  make  recommendations  to
    53  the  division  for the development of policies and procedures in general
    54  and in specific instances. The advisory councils also shall  disseminate
    55  information  about  the division's activities to organizations and indi-
    56  viduals in their localities. Such advisory councils shall be composed of

        A. 3358                             3

     1  representative citizens, serving without pay, but with reimbursement for
     2  actual and necessary traveling  expenses;  and  the  division  may  make
     3  provision for technical and clerical assistance to such councils and for
     4  the expenses of such assistance.
     5    9. To develop human rights plans and policies for the state and assist
     6  in their execution and to make investigations and studies appropriate to
     7  effectuate  this article and to issue such publications and such results
     8  of investigations and research as in its judgement will tend  to  inform
     9  persons  of the rights assured and remedies provided under this article,
    10  to promote good-will and minimize or eliminate discrimination because of
    11  age, race, creed, color, national  origin,  sexual  orientation,  gender
    12  identity  or  expression,  military  status,  sex, disability or marital
    13  status.
    14    § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
    15  of the executive law, as amended by chapter 365 of the laws of 2015, are
    16  amended to read as follows:
    17    (a)  For  an  employer or licensing agency, because of an individual's
    18  age, race, creed, color, national  origin,  sexual  orientation,  gender
    19  identity  or  expression, military status, sex, disability, predisposing
    20  genetic characteristics, familial status, marital  status,  or  domestic
    21  violence  victim  status,  to  refuse  to hire or employ or to bar or to
    22  discharge from employment such individual  or  to  discriminate  against
    23  such individual in compensation or in terms, conditions or privileges of
    24  employment.
    25    (b)  For  an  employment agency to discriminate against any individual
    26  because of age, race, creed, color, national origin, sexual orientation,
    27  gender identity or expression, military status, sex, disability, predis-
    28  posing genetic characteristics, familial status, or marital  status,  in
    29  receiving,  classifying, disposing or otherwise acting upon applications
    30  for its services or in  referring  an  applicant  or  applicants  to  an
    31  employer or employers.
    32    (c)  For a labor organization, because of the age, race, creed, color,
    33  national origin, sexual  orientation,  gender  identity  or  expression,
    34  military  status, sex, disability, predisposing genetic characteristics,
    35  familial status, or marital status of any individual, to exclude  or  to
    36  expel  from its membership such individual or to discriminate in any way
    37  against any of its members or against any  employer  or  any  individual
    38  employed by an employer.
    39    (d)  For  any  employer  or employment agency to print or circulate or
    40  cause to be printed or circulated any statement, advertisement or publi-
    41  cation, or to use any form of application for employment or to make  any
    42  inquiry  in  connection  with  prospective  employment,  which expresses
    43  directly or indirectly, any limitation, specification or  discrimination
    44  as  to  age,  race,  creed,  color, national origin, sexual orientation,
    45  gender identity or expression, military status, sex, disability, predis-
    46  posing genetic characteristics, familial status, or marital  status,  or
    47  any intent to make any such limitation, specification or discrimination,
    48  unless  based  upon  a  bona  fide occupational qualification; provided,
    49  however, that neither this paragraph nor any provision of  this  chapter
    50  or  other  law  shall  be  construed to prohibit the department of civil
    51  service or the department of personnel of any city containing more  than
    52  one county from requesting information from applicants for civil service
    53  examinations concerning any of the aforementioned characteristics, other
    54  than  sexual orientation, for the purpose of conducting studies to iden-
    55  tify and resolve possible problems in recruitment and testing of members
    56  of minority groups to insure the fairest  possible  and  equal  opportu-

        A. 3358                             4
 
     1  nities  for  employment in the civil service for all persons, regardless
     2  of age, race, creed,  color,  national  origin,  sexual  orientation  or
     3  gender identity or expression, military status, sex, disability, predis-
     4  posing genetic characteristics, familial status, or marital status.
     5    §  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
     6  the executive law, as amended by chapter 365 of the laws  of  2015,  are
     7  amended to read as follows:
     8    (b)  To  deny  to  or withhold from any person because of race, creed,
     9  color,  national  origin,  sexual  orientation,   gender   identity   or
    10  expression,  military  status, sex, age, disability, familial status, or
    11  marital status, the right to be admitted to or participate in a guidance
    12  program,  an  apprenticeship  training  program,   on-the-job   training
    13  program,  executive  training program, or other occupational training or
    14  retraining program;
    15    (c) To discriminate against any person in his or her pursuit  of  such
    16  programs  or  to discriminate against such a person in the terms, condi-
    17  tions or privileges of such programs  because  of  race,  creed,  color,
    18  national  origin,  sexual  orientation,  gender  identity or expression,
    19  military status,  sex,  age,  disability,  familial  status  or  marital
    20  status;
    21    (d)  To  print  or  circulate or cause to be printed or circulated any
    22  statement, advertisement or publication, or to use any form of  applica-
    23  tion  for  such  programs or to make any inquiry in connection with such
    24  program which expresses, directly or indirectly, any  limitation,  spec-
    25  ification  or  discrimination as to race, creed, color, national origin,
    26  sexual orientation, gender identity or expression, military status, sex,
    27  age, disability, familial status or marital status, or any intention  to
    28  make  any such limitation, specification or discrimination, unless based
    29  on a bona fide occupational qualification.
    30    § 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
    31  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
    32  as follows:
    33    (a) It shall be an unlawful discriminatory practice  for  any  person,
    34  being  the  owner, lessee, proprietor, manager, superintendent, agent or
    35  employee of any place of  public  accommodation,  resort  or  amusement,
    36  because  of the race, creed, color, national origin, sexual orientation,
    37  gender identity or expression, military status, sex, [or] disability  or
    38  marital  status  of any person, directly or indirectly, to refuse, with-
    39  hold from or deny to such person any of the accommodations,  advantages,
    40  facilities or privileges thereof, including the extension of credit, or,
    41  directly  or  indirectly, to publish, circulate, issue, display, post or
    42  mail any written or printed communication, notice or  advertisement,  to
    43  the  effect  that  any of the accommodations, advantages, facilities and
    44  privileges of any such place shall be refused, withheld from  or  denied
    45  to  any person on account of race, creed, color, national origin, sexual
    46  orientation, gender identity or expression, military status,  sex,  [or]
    47  disability or marital status, or that the patronage or custom thereat of
    48  any  person of or purporting to be of any particular race, creed, color,
    49  national origin, sexual  orientation,  gender  identity  or  expression,
    50  military status, sex or marital status, or having a disability is unwel-
    51  come, objectionable or not acceptable, desired or solicited.
    52    §  8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
    53  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
    54  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
    55  to read as follows:

        A. 3358                             5

     1    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
     2  hold from any person or group of  persons  such  housing  accommodations
     3  because  of  the race, creed, color, disability, national origin, sexual
     4  orientation, gender identity or expression, military status,  age,  sex,
     5  marital  status,  or  familial  status  of such person or persons, or to
     6  represent that any housing accommodation or land is  not  available  for
     7  inspection, sale, rental or lease when in fact it is so available.
     8    (b)  To  discriminate  against  any person because of his or her race,
     9  creed, color, disability, national origin,  sexual  orientation,  gender
    10  identity  or  expression,  military status, age, sex, marital status, or
    11  familial status in the terms, conditions or privileges of any  publicly-
    12  assisted  housing  accommodations  or in the furnishing of facilities or
    13  services in connection therewith.
    14    (c) To cause to be made any written or oral inquiry or record concern-
    15  ing the race, creed, color, disability, national origin,  sexual  orien-
    16  tation,  gender  identity or expression, membership in the reserve armed
    17  forces of the United States or in the organized militia  of  the  state,
    18  age, sex, marital status, or familial status of a person seeking to rent
    19  or lease any publicly-assisted housing accommodation; provided, however,
    20  that  nothing in this subdivision shall prohibit a member of the reserve
    21  armed forces of the United States or in the  organized  militia  of  the
    22  state from voluntarily disclosing such membership.
    23    (c-1)  To  print or circulate or cause to be printed or circulated any
    24  statement, advertisement or publication, or to use any form of  applica-
    25  tion  for the purchase, rental or lease of such housing accommodation or
    26  to make any  record  or  inquiry  in  connection  with  the  prospective
    27  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    28  expresses, directly or  indirectly,  any  limitation,  specification  or
    29  discrimination  as to race, creed, color, national origin, sexual orien-
    30  tation, gender identity or expression, military status, sex, age,  disa-
    31  bility,  marital  status,  or familial status, or any intent to make any
    32  such limitation, specification or discrimination.
    33    § 9. Subdivision 3-b of section 296 of the executive law,  as  amended
    34  by chapter 106 of the laws of 2003, is amended to read as follows:
    35    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    36  estate broker, real estate salesperson or employee or agent  thereof  or
    37  any  other  individual, corporation, partnership or organization for the
    38  purpose of inducing a real estate transaction from which any such person
    39  or any of its stockholders or members may benefit financially, to repre-
    40  sent that a change has occurred or will or may occur in the  composition
    41  with respect to race, creed, color, national origin, sexual orientation,
    42  gender identity or expression, military status, sex, disability, marital
    43  status,  or  familial  status  of  the owners or occupants in the block,
    44  neighborhood or area in which the  real  property  is  located,  and  to
    45  represent,  directly  or indirectly, that this change will or may result
    46  in undesirable consequences in the block, neighborhood or area in  which
    47  the  real property is located, including but not limited to the lowering
    48  of property values, an increase in criminal or anti-social behavior,  or
    49  a decline in the quality of schools or other facilities.
    50    § 10. Subdivision 4 of section 296 of the executive law, as amended by
    51  chapter 106 of the laws of 2003, is amended to read as follows:
    52    4.  It  shall  be an unlawful discriminatory practice for an education
    53  corporation or association which holds itself out to the  public  to  be
    54  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
    55  article four of the real property tax law to deny the use of its facili-
    56  ties to any person otherwise qualified, or to permit the  harassment  of

        A. 3358                             6
 
     1  any  student or applicant, by reason of his race, color, religion, disa-
     2  bility,  national  origin,  sexual  orientation,  gender   identity   or
     3  expression, military status, sex, age or marital status, except that any
     4  such  institution  which  establishes or maintains a policy of educating
     5  persons of one sex exclusively may admit students of only one sex.
     6    § 11. Subdivision 5 of section 296 of the executive law, as amended by
     7  chapter 106 of the laws of 2003, is amended to read as follows:
     8    5. (a) It shall be an unlawful discriminatory practice for the  owner,
     9  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
    10  having the right  to  sell,  rent  or  lease  a  housing  accommodation,
    11  constructed or to be constructed, or any agent or employee thereof:
    12    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    13  from any person or group of persons such a housing accommodation because
    14  of  the  race, creed, color, national origin, sexual orientation, gender
    15  identity or expression, military status, sex, age,  disability,  marital
    16  status,  or  familial  status of such person or persons, or to represent
    17  that any housing accommodation or land is not available for  inspection,
    18  sale, rental or lease when in fact it is so available.
    19    (2)  To discriminate against any person because of race, creed, color,
    20  national origin, sexual  orientation,  gender  identity  or  expression,
    21  military  status,  sex,  age,  disability,  marital  status, or familial
    22  status in the terms, conditions or privileges of  the  sale,  rental  or
    23  lease  of any such housing accommodation or in the furnishing of facili-
    24  ties or services in connection therewith.
    25    (3) To print or circulate or cause to be  printed  or  circulated  any
    26  statement,  advertisement or publication, or to use any form of applica-
    27  tion for the purchase, rental or lease of such housing accommodation  or
    28  to  make  any  record  or  inquiry  in  connection  with the prospective
    29  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    30  expresses,  directly  or  indirectly,  any  limitation, specification or
    31  discrimination as to race, creed, color, national origin, sexual  orien-
    32  tation,  gender identity or expression, military status, sex, age, disa-
    33  bility, marital status, or familial status, or any intent  to  make  any
    34  such limitation, specification or discrimination.
    35    The provisions of this paragraph (a) shall not apply (1) to the rental
    36  of a housing accommodation in a building which contains housing accommo-
    37  dations  for  not  more  than  two families living independently of each
    38  other, if the owner resides in one of such housing  accommodations,  (2)
    39  to the restriction of the rental of all rooms in a housing accommodation
    40  to  individuals  of the same sex or (3) to the rental of a room or rooms
    41  in a housing accommodation, if such rental is by  the  occupant  of  the
    42  housing  accommodation  or by the owner of the housing accommodation and
    43  the owner resides in such  housing  accommodation  or  (4)  solely  with
    44  respect  to  age  and  familial  status  to the restriction of the sale,
    45  rental or lease of housing accommodations exclusively to persons  sixty-
    46  two  years  of  age  or  older and the spouse of any such person, or for
    47  housing intended and operated for  occupancy  by  at  least  one  person
    48  fifty-five  years of age or older per unit. In determining whether hous-
    49  ing is intended and operated for occupancy by persons  fifty-five  years
    50  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    51  federal Fair Housing Act of 1988, as amended, shall apply.
    52    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
    53  lessee, sub-lessee, or managing agent of, or  other  person  having  the
    54  right of ownership or possession of or the right to sell, rent or lease,
    55  land or commercial space:

        A. 3358                             7
 
     1    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
     2  from any person or group of persons land or commercial space because  of
     3  the  race,  creed,  color,  national  origin, sexual orientation, gender
     4  identity or expression, military status, sex, age,  disability,  marital
     5  status,  or  familial  status of such person or persons, or to represent
     6  that any housing accommodation or land is not available for  inspection,
     7  sale, rental or lease when in fact it is so available;
     8    (2)  To discriminate against any person because of race, creed, color,
     9  national origin, sexual  orientation,  gender  identity  or  expression,
    10  military  status,  sex,  age,  disability,  marital  status, or familial
    11  status in the terms, conditions or privileges of  the  sale,  rental  or
    12  lease  of  any  such  land  or commercial space; or in the furnishing of
    13  facilities or services in connection therewith;
    14    (3) To print or circulate or cause to be  printed  or  circulated  any
    15  statement,  advertisement or publication, or to use any form of applica-
    16  tion for the purchase, rental or lease of such land or commercial  space
    17  or  to  make  any  record  or inquiry in connection with the prospective
    18  purchase, rental or  lease  of  such  land  or  commercial  space  which
    19  expresses,  directly  or  indirectly,  any  limitation, specification or
    20  discrimination as to race, creed, color, national origin, sexual  orien-
    21  tation,  gender identity or expression, military status, sex, age, disa-
    22  bility, marital status, or familial status; or any intent  to  make  any
    23  such limitation, specification or discrimination.
    24    (4)  With  respect  to age and familial status, the provisions of this
    25  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    26  lease  of  land  or  commercial  space exclusively to persons fifty-five
    27  years of age or older and the spouse of  any  such  person,  or  to  the
    28  restriction  of  the  sale,  rental  or lease of land to be used for the
    29  construction, or location  of  housing  accommodations  exclusively  for
    30  persons  sixty-two  years  of age or older, or intended and operated for
    31  occupancy by at least one person fifty-five years of age  or  older  per
    32  unit.  In determining whether housing is intended and operated for occu-
    33  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    34  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    35  amended, shall apply.
    36    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
    37  estate broker, real estate salesperson or employee or agent thereof:
    38    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    39  or commercial space to any person or group of persons or  to  refuse  to
    40  negotiate  for  the sale, rental or lease, of any housing accommodation,
    41  land or commercial space to any person or group of  persons  because  of
    42  the  race,  creed,  color,  national  origin, sexual orientation, gender
    43  identity or expression, military status, sex, age,  disability,  marital
    44  status,  or  familial  status of such person or persons, or to represent
    45  that any housing accommodation, land or commercial space is  not  avail-
    46  able  for inspection, sale, rental or lease when in fact it is so avail-
    47  able, or otherwise to deny or withhold any housing  accommodation,  land
    48  or commercial space or any facilities of any housing accommodation, land
    49  or  commercial  space from any person or group of persons because of the
    50  race, creed, color, national origin, sexual orientation, gender identity
    51  or expression, military status, sex, age, disability, marital status, or
    52  familial status of such person or persons.
    53    (2) To print or circulate or cause to be  printed  or  circulated  any
    54  statement,  advertisement or publication, or to use any form of applica-
    55  tion for the purchase, rental or lease  of  any  housing  accommodation,
    56  land  or commercial space or to make any record or inquiry in connection

        A. 3358                             8
 
     1  with the prospective purchase, rental or lease of any  housing  accommo-
     2  dation,  land or commercial space which expresses, directly or indirect-
     3  ly, any limitation, specification, or discrimination as to race,  creed,
     4  color,   national   origin,   sexual  orientation,  gender  identity  or
     5  expression, military status, sex, age, disability,  marital  status,  or
     6  familial  status;  or any intent to make any such limitation, specifica-
     7  tion or discrimination.
     8    (3) With respect to age and familial status, the  provisions  of  this
     9  paragraph  shall  not  apply  to  the restriction of the sale, rental or
    10  lease of any housing accommodation, land or commercial space exclusively
    11  to persons fifty-five years of age or older and the spouse of  any  such
    12  person,  or to the restriction of the sale, rental or lease of any hous-
    13  ing accommodation or land to be used for the construction or location of
    14  housing accommodations for persons sixty-two years of age or  older,  or
    15  intended  and  operated  for occupancy by at least one person fifty-five
    16  years of age or older  per  unit.  In  determining  whether  housing  is
    17  intended  and  operated for occupancy by persons fifty-five years of age
    18  or older, Sec.  807 (b) (2) (c) (42 U.S.C. 3607  (b)  (2)  (c))  of  the
    19  federal Fair Housing Act of 1988, as amended, shall apply.
    20    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
    21  estate board, because of the race, creed, color, national origin, sexual
    22  orientation, gender identity or expression, military status,  age,  sex,
    23  disability,  marital status, or familial status of any individual who is
    24  otherwise qualified for membership, to exclude or expel such  individual
    25  from  membership,  or  to  discriminate  against  such individual in the
    26  terms, conditions and privileges of membership in such board.
    27    (e) It shall be an unlawful discriminatory  practice  for  the  owner,
    28  proprietor  or  managing  agent  of, or other person having the right to
    29  provide care and services in, a private proprietary nursing home, conva-
    30  lescent home, or home for adults, or an intermediate care  facility,  as
    31  defined   in   section  two  of  the  social  services  law,  heretofore
    32  constructed, or to be constructed, or any agent or employee thereof,  to
    33  refuse  to  provide  services  and  care in such home or facility to any
    34  individual or to discriminate  against  any  individual  in  the  terms,
    35  conditions, and privileges of such services and care solely because such
    36  individual  is  a blind person. For purposes of this paragraph, a "blind
    37  person" shall mean a person who is registered as a blind person with the
    38  commission for the visually handicapped and who meets the definition  of
    39  a  "blind  person"  pursuant  to  section  three of chapter four hundred
    40  fifteen of the laws of nineteen hundred thirteen  entitled  "An  act  to
    41  establish a state commission for improving the condition of the blind of
    42  the state of New York, and making an appropriation therefor".
    43    (f)  The  provisions of this subdivision, as they relate to age, shall
    44  not apply to persons under the age of eighteen years.
    45    (g) It shall be an unlawful discriminatory  practice  for  any  person
    46  offering  or  providing housing accommodations, land or commercial space
    47  as described in paragraphs (a), (b), and (c) of this subdivision to make
    48  or cause to be made any written or oral  inquiry  or  record  concerning
    49  membership  of  any person in the state organized militia in relation to
    50  the purchase, rental or lease of such housing  accommodation,  land,  or
    51  commercial  space,  provided,  however, that nothing in this subdivision
    52  shall prohibit a member of the state organized militia from  voluntarily
    53  disclosing such membership.
    54    §  12.  Paragraph (a) of subdivision 9 of section 296 of the executive
    55  law, as amended by chapter 365 of the laws of 2015, is amended  to  read
    56  as follows:

        A. 3358                             9
 
     1    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
     2  department or fire company therein, through any member or members there-
     3  of, officers, board of fire commissioners or other body or office having
     4  power of appointment of volunteer firefighters, directly or  indirectly,
     5  by ritualistic practice, constitutional or by-law prescription, by tacit
     6  agreement  among  its  members,  or otherwise, to deny to any individual
     7  membership in any volunteer fire department or fire company therein,  or
     8  to  expel or discriminate against any volunteer member of a fire depart-
     9  ment or fire  company  therein,  because  of  the  race,  creed,  color,
    10  national  origin,  sexual  orientation,  gender  identity or expression,
    11  military status, sex, marital status, or familial status, of such  indi-
    12  vidual.
    13    §  13.  Subdivision 13 of section 296 of the executive law, as amended
    14  by chapter 365 of the laws of 2015, is amended to read as follows:
    15    13. It shall be an unlawful discriminatory practice (i) for any person
    16  to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
    17  with, or otherwise discriminate against any person, because of the race,
    18  creed,  color,  national  origin, sexual orientation, gender identity or
    19  expression, military status, sex, disability,  or  familial  status,  of
    20  such person, or of such person's partners, members, stockholders, direc-
    21  tors,  officers,  managers, superintendents, agents, employees, business
    22  associates, suppliers or customers, or (ii) for any person  wilfully  to
    23  do  any  act or refrain from doing any act which enables any such person
    24  to take such action. This subdivision shall not apply to:
    25    (a) Boycotts connected with labor disputes; or
    26    (b) Boycotts to protest unlawful discriminatory practices.
    27    § 14. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
    28  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
    29  follows:
    30    1. It shall be an unlawful discriminatory practice for any creditor or
    31  any officer, agent or employee thereof:
    32    a. In the  case  of  applications  for  credit  with  respect  to  the
    33  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
    34  nance of any housing accommodation, land or commercial space to discrim-
    35  inate against any such applicant because  of  the  race,  creed,  color,
    36  national  origin,  sexual  orientation,  gender  identity or expression,
    37  military status, age,  sex,  marital  status,  disability,  or  familial
    38  status  of  such  applicant  or  applicants  or any member, stockholder,
    39  director, officer or employee of such applicant or applicants, or of the
    40  prospective occupants or tenants of such housing accommodation, land  or
    41  commercial  space,  in the granting, withholding, extending or renewing,
    42  or in the fixing of the rates, terms or conditions of, any such credit;
    43    b. To discriminate in the granting, withholding, extending  or  renew-
    44  ing,  or in the fixing of the rates, terms or conditions of, any form of
    45  credit, on the basis of race,  creed,  color,  national  origin,  sexual
    46  orientation,  gender  identity or expression, military status, age, sex,
    47  marital status, disability, or familial status;
    48    c. To use any form of application for credit or use or make any record
    49  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
    50  specification,  or  discrimination  as  to  race, creed, color, national
    51  origin, sexual orientation,  gender  identity  or  expression,  military
    52  status, age, sex, marital status, disability, or familial status;
    53    d.  To make any inquiry of an applicant concerning his or her capacity
    54  to reproduce, or his or her use or advocacy of any form of birth control
    55  or family planning;

        A. 3358                            10
 
     1    e. To refuse to consider  sources  of  an  applicant's  income  or  to
     2  subject  an  applicant's  income  to  discounting,  in whole or in part,
     3  because of an applicant's race, creed, color,  national  origin,  sexual
     4  orientation,  gender  identity or expression, military status, age, sex,
     5  marital status, childbearing potential, disability, or familial status;
     6    f.  To  discriminate  against  a  married  person  because such person
     7  neither uses nor is known by the surname of his or her spouse.
     8    This paragraph shall not apply to any situation where  the  use  of  a
     9  surname would constitute or result in a criminal act.
    10    2. Without limiting the generality of subdivision one of this section,
    11  it  shall  be considered discriminatory if, because of an applicant's or
    12  class of applicants' race, creed, color, national origin, sexual  orien-
    13  tation,  gender identity or expression, military status, age, sex, mari-
    14  tal status or disability, or familial status, (i) an applicant or  class
    15  of  applicants  is denied credit in circumstances where other applicants
    16  of like overall credit worthiness are granted credit,  or  (ii)  special
    17  requirements  or conditions, such as requiring co-obligors or reapplica-
    18  tion upon marriage, are imposed upon an applicant or class of applicants
    19  in circumstances  where  similar  requirements  or  conditions  are  not
    20  imposed upon other applicants of like overall credit worthiness.
    21    3.  It  shall  not  be  considered  discriminatory if credit differen-
    22  tiations or decisions are based upon  factually  supportable,  objective
    23  differences  in applicants' overall credit worthiness, which may include
    24  reference to such factors as current income,  assets  and  prior  credit
    25  history  of  such applicants, as well as reference to any other relevant
    26  factually supportable data; provided, however, that  no  creditor  shall
    27  consider, in evaluating the credit worthiness of an applicant, aggregate
    28  statistics  or  assumptions  relating  to  race,  creed, color, national
    29  origin, sexual orientation,  gender  identity  or  expression,  military
    30  status,  sex,  marital status or disability, or to the likelihood of any
    31  group of persons bearing or rearing children, or for that reason receiv-
    32  ing diminished or interrupted income in the future.
    33    § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
    34  law, as added by chapter 481 of the laws of 2010, is amended to read  as
    35  follows:
    36    (b) Subject a domestic worker to unwelcome harassment based on gender,
    37  race,  religion,  sexual  orientation,  gender identity or expression or
    38  national origin, where such harassment has  the  purpose  or  effect  of
    39  unreasonably interfering with an individual's work performance by creat-
    40  ing an intimidating, hostile, or offensive working environment.
    41    § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
    42  the laws of 2002, is amended to read as follows:
    43    § 40-c. Discrimination. 1. All persons within the jurisdiction of this
    44  state  shall  be  entitled  to  the equal protection of the laws of this
    45  state or any subdivision thereof.
    46    2. No person shall, because of race, creed,  color,  national  origin,
    47  sex,  marital status, sexual orientation, gender identity or expression,
    48  or disability, as such term is defined in section two hundred ninety-two
    49  of the executive law, be subjected to any discrimination in his  or  her
    50  civil  rights, or to any harassment, as defined in section 240.25 of the
    51  penal law, in the exercise thereof, by any other person or by any  firm,
    52  corporation or institution, or by the state or any agency or subdivision
    53  of the state.
    54    §  17.  Paragraph (a) of subdivision 1 of section 313 of the education
    55  law, as amended by chapter 2 of the laws of 2002, is amended to read  as
    56  follows:

        A. 3358                            11
 
     1    (a) It is hereby declared to be the policy of the state that the Amer-
     2  ican  ideal of equality of opportunity requires that students, otherwise
     3  qualified, be admitted to educational institutions and be  given  access
     4  to all the educational programs and courses operated or provided by such
     5  institutions  without regard to race, color, sex, religion, creed, mari-
     6  tal status, age, sexual orientation as defined in  section  two  hundred
     7  ninety-two  of  the  executive  law,  gender  identity  or expression as
     8  defined in section two hundred  ninety-two  of  the  executive  law,  or
     9  national origin, except that, with regard to religious or denominational
    10  educational  institutions, students, otherwise qualified, shall have the
    11  equal opportunity to attend therein without  discrimination  because  of
    12  race,  color, sex, marital status, age, sexual orientation as defined in
    13  section two hundred ninety-two of the executive law, gender identity  or
    14  expression as defined in section two hundred ninety-two of the executive
    15  law,  or national origin. It is a fundamental American right for members
    16  of various religious faiths to establish and maintain educational insti-
    17  tutions exclusively or primarily for students  of  their  own  religious
    18  faith  or to effectuate the religious principles in furtherance of which
    19  they are maintained. Nothing herein contained shall  impair  or  abridge
    20  that right.
    21    § 18. Subdivision 3 of section 313 of the education law, as amended by
    22  chapter 2 of the laws of 2002, is amended to read as follows:
    23    (3)  Unfair  educational  practices. It shall be an unfair educational
    24  practice for an educational institution after September fifteenth, nine-
    25  teen hundred forty-eight:
    26    (a) To exclude or limit or otherwise discriminate against  any  person
    27  or  persons  seeking admission as students to such institution or to any
    28  educational program or course operated or provided by  such  institution
    29  because of race, religion, creed, sex, color, marital status, age, sexu-
    30  al orientation as defined in section two hundred ninety-two of the exec-
    31  utive  law,  gender  identity  or  expression  as defined in section two
    32  hundred ninety-two of the executive law, or national origin; except that
    33  nothing in this section shall be deemed to affect, in any way, the right
    34  of a religious or denominational educational institution to  select  its
    35  students  exclusively  or  primarily  from  members  of such religion or
    36  denomination or from giving preference in such selection to such members
    37  or to make such selection of its  students  as  is  calculated  by  such
    38  institution  to  promote the religious principles for which it is estab-
    39  lished or maintained. Nothing herein contained shall impair  or  abridge
    40  the  right of an independent institution, which establishes or maintains
    41  a policy of educating persons of one sex exclusively, to admit  students
    42  of only one sex.
    43    (b) To penalize any individual because he or she has initiated, testi-
    44  fied, participated or assisted in any proceedings under this section.
    45    (c)  To  accept any endowment or gift of money or property conditioned
    46  upon teaching the doctrine of supremacy of any particular race.
    47    (d) With respect to any individual who withdraws  from  attendance  to
    48  serve on active duty in the armed forces of the United States in time of
    49  war,  including  any individual who withdrew from attendance on or after
    50  August second, nineteen hundred ninety to serve on active  duty  in  the
    51  armed  forces  of the United States in the Persian Gulf conflict: (i) to
    52  deny or limit the readmission of such individual to such institution  or
    53  to any educational program or course operated or provided by such insti-
    54  tution  because  of  such  withdrawal  from attendance or because of the
    55  failure to complete any educational program or course due to such  with-
    56  drawal;  (ii)  to  impose any academic penalty on such person because of

        A. 3358                            12
 
     1  such withdrawal or because of the failure to  complete  any  educational
     2  program  or  course due to such withdrawal; (iii) to reduce or eliminate
     3  any financial aid award granted to such individual which  could  not  be
     4  used,  in  whole  or  part, because of such withdrawal or because of the
     5  failure to complete any educational program or course due to such  with-
     6  drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
     7  fees paid by such individual for  any  semester,  term  or  quarter  not
     8  completed  because  of  such  withdrawal  or  because  of the failure to
     9  complete any program or course due to such withdrawal.
    10    (e) It shall not be an unfair educational practice for any educational
    11  institution to use criteria  other  than  race,  religion,  creed,  sex,
    12  color, marital status, age, sexual orientation as defined in section two
    13  hundred  ninety-two  of the executive law, gender identity or expression
    14  as defined in section two hundred ninety-two of the  executive  law,  or
    15  national  origin  in the admission of students to such institution or to
    16  any of the educational programs and courses operated or provided by such
    17  institution.
    18    § 19. Section 485.00 of the penal law, as added by chapter 107 of  the
    19  laws of 2000, is amended to read as follows:
    20  § 485.00 Legislative findings.
    21    The legislature finds and determines as follows: criminal acts involv-
    22  ing  violence,  intimidation and destruction of property based upon bias
    23  and prejudice have become more prevalent in New  York  state  in  recent
    24  years.    The  intolerable  truth  is that in these crimes, commonly and
    25  justly referred to as "hate crimes", victims are intentionally selected,
    26  in whole or in part, because of  their  race,  color,  national  origin,
    27  ancestry,  gender,  gender  identity  or expression, religion, religious
    28  practice, age, disability or sexual orientation.  Hate  crimes  do  more
    29  than  threaten  the  safety and welfare of all citizens. They inflict on
    30  victims incalculable physical and emotional damage and tear at the  very
    31  fabric  of  free  society.  Crimes  motivated by invidious hatred toward
    32  particular groups not only harm individual victims but send  a  powerful
    33  message of intolerance and discrimination to all members of the group to
    34  which the victim belongs.  Hate crimes can and do intimidate and disrupt
    35  entire communities and vitiate the civility that is essential to healthy
    36  democratic  processes.    In  a  democratic  society, citizens cannot be
    37  required to approve of the beliefs and practices  of  others,  but  must
    38  never  commit  criminal  acts  on  account of them. Current law does not
    39  adequately recognize the harm to public order and individual safety that
    40  hate crimes cause. Therefore, our laws must be strengthened  to  provide
    41  clear  recognition  of  the  gravity  of  hate crimes and the compelling
    42  importance of preventing their recurrence.
    43    Accordingly, the legislature  finds  and  declares  that  hate  crimes
    44  should be prosecuted and punished with appropriate severity.
    45    §  20.  Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
    46  added by chapter 107 of the  laws  of  2000,  are  amended  to  read  as
    47  follows:
    48    1.  A  person  commits a hate crime when he or she commits a specified
    49  offense and either:
    50    (a) intentionally selects the  person  against  whom  the  offense  is
    51  committed  or  intended  to be committed in whole or in substantial part
    52  because of a belief or perception regarding the  race,  color,  national
    53  origin, ancestry, gender, gender identity or expression, religion, reli-
    54  gious  practice,  age,  disability  or  sexual  orientation of a person,
    55  regardless of whether the belief or perception is correct, or

        A. 3358                            13
 
     1    (b) intentionally commits the act or acts constituting the offense  in
     2  whole or in substantial part because of a belief or perception regarding
     3  the  race,  color, national origin, ancestry, gender, gender identity or
     4  expression, religion, religious  practice,  age,  disability  or  sexual
     5  orientation  of a person, regardless of whether the belief or perception
     6  is correct.
     7    2. Proof of race, color, national  origin,  ancestry,  gender,  gender
     8  identity or expression, religion, religious practice, age, disability or
     9  sexual orientation of the defendant, the victim or of both the defendant
    10  and  the  victim  does  not,  by  itself,  constitute legally sufficient
    11  evidence satisfying the people's burden under paragraph (a)  or  (b)  of
    12  subdivision one of this section.
    13    4. For purposes of this section:
    14    (a) the term "age" means sixty years old or more;
    15    (b)  the  term "disability" means a physical or mental impairment that
    16  substantially limits a major life activity[.];
    17    (c) the term "gender identity or expression" means a  person's  actual
    18  or  perceived gender-related identity, appearance, behavior, expression,
    19  or other gender-related characteristic regardless of the sex assigned to
    20  that person at birth, including, but not limited to, the status of being
    21  transgender.
    22    § 21. Subdivision 3 of section 240.30 of the penal law, as amended  by
    23  chapter 188 of the laws of 2014, is amended to read as follows:
    24    3. With the intent to harass, annoy, threaten or alarm another person,
    25  he  or  she strikes, shoves, kicks, or otherwise subjects another person
    26  to physical contact, or attempts or threatens to do the same because  of
    27  a  belief  or  perception  regarding such person's race, color, national
    28  origin, ancestry, gender, gender identity or expression, religion, reli-
    29  gious practice, age, disability or  sexual  orientation,  regardless  of
    30  whether the belief or perception is correct; or
    31    §  22.  The  opening  paragraph of section 240.31 of the penal law, as
    32  amended by chapter 49 of the  laws  of  2006,  is  amended  to  read  as
    33  follows:
    34    A  person  is guilty of aggravated harassment in the first degree when
    35  with intent to harass, annoy, threaten or alarm another person,  because
    36  of  a belief or perception regarding such person's race, color, national
    37  origin, ancestry, gender, gender identity or expression, religion, reli-
    38  gious practice, age, disability or  sexual  orientation,  regardless  of
    39  whether the belief or perception is correct, he or she:
    40    §  23.  Section  240.00  of  the  penal law is amended by adding a new
    41  subdivision 7 to read as follows:
    42    7.  "Gender  identity  or  expression"  means  a  person's  actual  or
    43  perceived  gender-related identity, appearance, behavior, expression, or
    44  other gender-related characteristic regardless of the  sex  assigned  to
    45  that person at birth, including, but not limited to, the status of being
    46  transgender.
    47    § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
    48  procedure  law,  as amended by chapter 7 of the laws of 2007, is amended
    49  to read as follows:
    50    (c) in the case of any hate crime, as defined in section 485.05 of the
    51  penal law, specifies, as applicable, that the  defendant  or  defendants
    52  intentionally selected the person against whom the offense was committed
    53  or  intended to be committed; or intentionally committed the act or acts
    54  constituting the offense, in whole or in substantial part because  of  a
    55  belief  or perception regarding the race, color, national origin, ances-

        A. 3358                            14
 
     1  try, gender, gender identity or expression,  religion,  religious  prac-
     2  tice, age, disability or sexual orientation of a person; and
     3    §  25.  This act shall take effect on the thirtieth day after it shall
     4  have become a law; provided, however,  that  sections  nineteen  through
     5  twenty-four  of this act shall take effect on the first of November next
     6  succeeding the date on which it shall have become a law.
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