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A08070 Summary:

BILL NOA08070B
 
SAME ASSAME AS S06066-B
 
SPONSORReyes
 
COSPNSROrtiz, Blake, Rivera, De La Rosa, Colton, Fernandez, Gottfried, McDonough, Glick, Richardson, Rozic, D'Urso, Fall, Griffin, Cruz, Hevesi, Otis, Simotas
 
MLTSPNSRArroyo, DenDekker
 
Amd 837, Exec L
 
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.
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A08070 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8070B
 
SPONSOR: Reyes
  TITLE OF BILL: An act to amend the executive law, in relation to enacting the "hate crimes analysis and review act"   PURPOSE OR GENERAL IDEA OF BILL: To ensure that New York State collects and reports data on the sexual orientation, gender identity and racial or ethnic identity of victims and alleged perpetrators.   SUMMARY OF PROVISIONS: Section 1 establishes the title of this legislation Section 2 amends subdivision 4-c of section 837 of the executive law, which was previously amended by the hate crimes act of 2000. This estab- lishes that it is the responsibility of the Chief Administrator of the Courts and local law enforcement to maintain and publicly report data on hate crimes in New York State. This legislation specifies that hate crimes incidents that have been reported to all law enforcement entities in our state should be included in all data reported by law enforcement and peace officers throughout the state. It provides for the collection of demographic data of crime victims and those arrested for the commis- sion of such a crime. Lastly, this section mandates that the report be delivered to the NYS Attorney General and to committees in the Legisla- ture, along with the other Legislative leaders and the Executive. Section 3 is the date of enactment   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): There were technical changes made to make this legislation more in line with the recently introduced Gender Expression Non-Discrimination Act (GENDA).   JUSTIFICATION: When hate crimes take place in New York, there's often insufficient information collected regarding the identities of those involved to adequately understand who the victims are and who is being accused of the crime. It is consequently more difficult for the state to provide adequate victim support services and additional programming to decrease the likelihood of hate crimes occurring. This bill would require data collection of the gender identity, gender expression, sexual orien- tation, race, ethnicity, color, religion, ancestry, age, disability, and national origin of both alleged perpetrators and victims of hate crimes from the division of criminal justice services. By collecting this information, New York State can better ensure that the state is protect- ing residents hate crimes laws intend to protect, with the goal of ulti- mately ensuring we hold criminal offenders accountable while simultane- ously advocating for balanced, restorative justice practices.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal   EFFECTIVE DATE: This legislation goes into effect 90 days after enactment
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A08070 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8070--B
                                                                Cal. No. 307
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 31, 2019
                                       ___________
 
        Introduced  by M. of A. REYES, ORTIZ, BLAKE, RIVERA, DE LA ROSA, COLTON,
          FERNANDEZ, GOTTFRIED, McDONOUGH,  GLICK,  RICHARDSON,  ROZIC,  D'URSO,
          FALL,  GRIFFIN  -- Multi-Sponsored by -- M. of A. ARROYO, DenDEKKER --
          read once  and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- ordered to a third reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06567-06-0

        A. 8070--B                          2
 
     1  gender identity or expression, the county within which  the  arrest  was
     2  made and the accusatory instrument filed, the disposition of the accusa-
     3  tory  instrument  filed,  including, but not limited to, as the case may
     4  be,  dismissal, acquittal, the offense to which the defendant pled guil-
     5  ty, the offense the defendant was convicted  of  after  trial,  and  the
     6  sentence  imposed.  Data collected shall be used for research or statis-
     7  tical purposes only and shall not contain information  that  may  reveal
     8  the  identity  of any individual. The division shall include the statis-
     9  tics and other information required by  this  subdivision  in  [the]  an
    10  annual  report  submitted  to  the governor [and legislature pursuant to
    11  subdivision twelve of this section], the speaker of  the  assembly,  the
    12  temporary  president  of  the  senate,  the  chair of the assembly codes
    13  committee, the chair of the senate codes committee, the attorney general
    14  and the chief administrative judge  of  the  office  of  court  adminis-
    15  tration. Such annual reports shall be a public record.
    16    (b)  As used in this section, the term "gender identity or expression"
    17  shall have the same meaning as defined  in  subdivision  thirty-five  of
    18  section two hundred ninety-two of this chapter.
    19    §  3.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law.
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