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A02230 Summary:

BILL NOA02230A
 
SAME ASSAME AS S00070-A
 
SPONSORReyes
 
COSPNSRDe La Rosa, Rivera J, Fernandez, Colton, Gottfried, McDonough, Glick, Richardson, Rozic, Fall, Griffin, Hevesi, Cruz, Otis, Vanel, Jacobson, Paulin, Burgos, Meeks, Gonzalez-Rojas, Anderson, Braunstein
 
MLTSPNSR
 
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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A02230 Actions:

BILL NOA02230A
 
01/14/2021referred to codes
01/26/2021reported referred to ways and means
03/24/2021reported
03/25/2021advanced to third reading cal.200
04/19/2021substituted by s70
 S00070 AMEND=A HOYLMAN
 01/06/2021REFERRED TO FINANCE
 03/01/20211ST REPORT CAL.452
 03/02/20212ND REPORT CAL.
 03/03/2021ADVANCED TO THIRD READING
 03/31/2021PASSED SENATE
 03/31/2021DELIVERED TO ASSEMBLY
 03/31/2021referred to ways and means
 04/19/2021substituted for a2230
 04/19/2021ordered to third reading cal.200
 05/12/2021substitution reconsidered
 05/12/2021recommitted to ways and means
 05/20/2021RECALLED FROM ASSEMBLY
 05/20/2021returned to senate
 05/20/2021VOTE RECONSIDERED - RESTORED TO THIRD READING
 05/20/2021AMENDED ON THIRD READING 70A
 06/01/2021SUBSTITUTED BY A2230A
  A02230 AMEND=A Reyes
  01/14/2021referred to codes
  01/26/2021reported referred to ways and means
  03/24/2021reported
  03/25/2021advanced to third reading cal.200
  04/19/2021substituted by s70
   S00070 AMEND=A HOYLMAN
   05/12/2021substitution reconsidered
   05/12/2021restored to third reading
   05/12/2021amended on third reading 2230a
   05/19/2021passed assembly
   05/19/2021delivered to senate
   05/19/2021REFERRED TO CODES
   06/01/2021SUBSTITUTED FOR S70A
   06/01/20213RD READING CAL.452
   05/12/2021substitution reconsidered
   05/12/2021restored to third reading
   05/12/2021amended on third reading 2230a
   05/19/2021passed assembly
   05/19/2021delivered to senate
   05/19/2021REFERRED TO CODES
   06/01/2021SUBSTITUTED FOR S70A
   06/01/20213RD READING CAL.452
   06/01/2021PASSED SENATE
   06/01/2021RETURNED TO ASSEMBLY
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A02230 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2230A
 
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). -Technical changes were made to ensure that there is clarity in the intent and the text of this legislation.   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 ultimately ensuring we hold criminal offenders accountable while simul- taneously advocating for balanced, restorative justice practices.   PRIOR LEGISLATIVE HISTORY: 2020 - Passed Assembly, Died in Senate 2019 - Passed Assembly, Died in Senate   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal   EFFECTIVE DATE: This legislation goes into effect 90 days after enactment
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A02230 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2230--A
                                                                Cal. No. 200
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by M. of A. REYES, DE LA ROSA, J. RIVERA, FERNANDEZ, COLTON,
          GOTTFRIED, McDONOUGH, GLICK, RICHARDSON, ROZIC, FALL, GRIFFIN, HEVESI,
          CRUZ, OTIS, VANEL, JACOBSON, PAULIN,  BURGOS,  MEEKS,  GONZALEZ-ROJAS,
          ANDERSON  --  read  once  and  referred  to  the Committee on Codes --
          reported and referred to the Committee on Ways and Means  --  reported
          from  committee,  advanced  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,  gender  identity  or  expression, religion, religious practice,
    15  age, disability or sexual orientation of a person, the demographic  data
    16  of  the  person  or  persons  arrested for the commission of such crimes
    17  including, but not limited to, race, color, national  origin,  ancestry,
    18  gender,  gender  identity  or  expression, religion, religious practice,
    19  age, disability or sexual orientation of a  person,  the  county  within
    20  which  the  arrest  was  made  and  the accusatory instrument filed, the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00071-06-1

        A. 2230--A                          2
 
     1  disposition of the  accusatory  instrument  filed,  including,  but  not
     2  limited  to,  as  the  case may be, dismissal, acquittal, the offense to
     3  which the defendant pled guilty, the offense the defendant was convicted
     4  of  after  trial, and the sentence imposed. Data collected shall be used
     5  for research or statistical purposes only and shall not contain informa-
     6  tion that may reveal the identity of any individual. The division  shall
     7  include  the  statistics and other information required by this subdivi-
     8  sion in [the] an annual report submitted to the governor  [and  legisla-
     9  ture pursuant to subdivision twelve of this section], the speaker of the
    10  assembly, the temporary president of the senate, the chair of the assem-
    11  bly codes committee, the chair of the senate codes committee, the attor-
    12  ney  general  and  the chief administrative judge of the office of court
    13  administration. Such annual reports shall be a public record.
    14    (b) As used in this section, the term "gender identity or  expression"
    15  shall  have  the same meaning as defined in paragraph (c) of subdivision
    16  four of section 485.05 of the penal law.
    17    § 3. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.
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