BILL NUMBER:  S7575

 TITLE OF BILL :
An act to amend the penal law and the executive law, in relation to
cases involving hate crimes


 PURPOSE :
This bill would allow courts to require, as part of a sentence imposed
upon a person convicted of a hate crime, that such defendant complete
a program, training session or counseling session directed at hate
crime prevention and education. This bill would expand the development
and provision of continuing legal education, training, advice and
assistance for prosecutors to include the prosecution of hate crimes.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends the penal law to authorize courts to require, as part
of a sentence imposed upon a person convicted of a hate crime, that
such defendant complete a program, training session or counseling
session directed at hate crime prevention and education, where a court
finds such program or session is available and applicable. Such
program, training session or counseling session will be developed or
authorized by the sentencing court or local agencies in conjunction
with community organizations affected by such hate crime.

Section 2 amends the executive law to provide for the expansion of the
              

Division of Criminal Justice Services development and provision of
continuing legal education, training, advice and assistance for
prosecutors to include training on the prosecution of hate crimes.

 JUSTIFICATION :
When defendants are convicted of "hate crimes", victims are
intentionally selected, in whole or in part, because of their race,
color, national origin, ancestry, gender, religion, religious
practice, age, disability or sexual orientation. Hate crimes have a
significant impact on victims in that they threaten the safety and
welfare of all citizens, and inflict incalculable physical and
emotional damage on those that are victimized. As seen with recent
publicized cases in the media, current law does not adequately
recognize the harm that hate crimes cause to individual safety.
Therefore. our laws must be strengthened to provide clear recognition
of the gravity of hate crimes and the compelling importance of
preventing their recurrence through education, training, and
counseling in cooperation with organizations serving affected
communities.

In fact, recommendations contained in a recent report by the
Leadership Conference on Civil Rights indicated that the federal
government has a central role in to play in funding anti-bias
education and hate crime prevention initiatives, as well as promoting
awareness of effective anti-bias education initiatives.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law.