Bill Text: NY A02230 | 2021-2022 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 22-1)

Status: (Introduced - Dead) 2021-04-19 - substituted by s70 [A02230 Detail]

Download: New_York-2021-A02230-Amended.html

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                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.