Bars a person who is convicted of a hate crime from attending any SUNY or CUNY institution; provides for the expulsion of a student who is convicted of hate crimes; provides for reinstatement of such student if the conviction is subsequently overturned.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8832
SPONSOR: Berger TITLE OF BILL:
An act to amend the education law, in relation to barring a person
convicted of a hate crime from attending any state public school of
higher education
PURPOSE:
Relates to barring a person convicted of a hate crime under Section
485.05 of the New York State Penal Law from attending any state public
school of high education.
SUMMARY OF PROVISIONS:
§ 1. The education law is amended by adding a new section 6436-a to read
as follows:
§ 6436-a. Hate crime conviction. Any person who is convicted of a crime
under section 485.05 of the penal law (hate crimes) by a court of compe-
tent jurisdiction shall be barred from attending any college or univer-
sity of the University of the State of New York and the City University
of New York, including each senior college and each community college. A
person who is a current student at the time of such conviction shall be
expelled from the institution he or she is attending immediately upon
conviction. If the conviction is subsequently overturned upon appeal,
such person shall be reinstated to the institution he or she was
expelled from in the standing he or she had prior to the conviction.
JUSTIFICATION:
There were countless examples of rising incidents of antisemitism on
college campuses in New York State and across the nation following the
October 7, 2023, Hamas terrorist attack on Israel that resulted in the
deaths of over 1,400 people and the taking hostage of 240 Israelis,
Americans and others.
To be clear, hate crimes are unacceptable in all forms, and this initi-
ative will codify that our taxpayer-funded State University of New York
(SONY) or City University of New York (CONY) schools implement a zero-
tolerance policy and extend a lifetime ban to individuals convicted of a
such a crime under
Section 485.05 of the New York State Penal Law.
LEGISLATIVE HISTORY:
New bill
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to school years
commencing on and after July 1, 2024.
STATE OF NEW YORK
________________________________________________________________________
8832
IN ASSEMBLY
January 18, 2024
___________
Introduced by M. of A. BERGER -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to barring a person
convicted of a hate crime from attending any state public school of
higher education
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6436-a
2 to read as follows:
3 § 6436-a. Hate crime conviction. Any person who is convicted of a
4 crime under section 485.05 of the penal law (hate crimes) by a court of
5 competent jurisdiction shall be barred from attending any college or
6 university of the University of the State of New York and the City
7 University of New York, including each senior college and each community
8 college. A person who is a current student at the time of such
9 conviction shall be expelled from the institution he or she is attending
10 immediately upon conviction. If the conviction is subsequently over-
11 turned upon appeal, such person shall be reinstated to the institution
12 he or she was expelled from in the standing he or she had prior to the
13 conviction.
14 § 2. This act shall take effect immediately and shall apply to school
15 years commencing on and after July 1, 2024.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13586-01-3
