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.
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
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.
