Assembly Bill A5039

2011-2012 Legislative Session

Prohibits discrimination based on gender identity or expression and includes offenses regarding gender identity or expression under the hate crimes statute

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Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5039 (ACTIVE) - Details

See Senate Version of this Bill:
S6349
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§291, 292, 295, 296 & 296-a, Exec L; amd §40-c, Civ Rts L; amd §313, Ed L; amd §§485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd §200.50, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5710
2013-2014: A4226, S195
2015-2016: A4558, S61
2017-2018: A3358, S502
2019-2020: A747

2011-A5039 (ACTIVE) - Summary

Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as having or being perceived as having a gender identity, self image, appearance, behavior or expression whether or not that gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.

2011-A5039 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5039

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, BRENNAN, CANESTRARI,
  COOK,   HOYT,  ORTIZ,  HEVESI,  TITONE,  JEFFRIES,  KELLNER,  SCHIMEL,
  KAVANAGH, CAHILL, ENGLEBRIGHT, DINOWITZ, PAULIN -- Multi-Sponsored  by
  --  M.  of  A.  ABINANTI, AUBRY, BENEDETTO, BING, BOYLAND, CYMBROWITZ,
  FARRELL, GUNTHER, HOOPER, JACOBS,  JAFFEE,  LANCMAN,  LAVINE,  LIFTON,
  V. LOPEZ,  LUPARDO,  MAGNARELLI,  MAISEL,  MARKEY, McENENY, J. MILLER,
  MILLMAN, PEOPLES-STOKES, PERRY, PHEFFER,  PRETLOW,  RAMOS,  N. RIVERA,
  ROBINSON,  ROSENTHAL,  SAYWARD, SCARBOROUGH, SIMOTAS, SWEENEY, THIELE,
  TOWNS, WEISENBERG, WRIGHT -- read once and referred to  the  Committee
  on Governmental Operations

AN  ACT  to amend the executive law, the civil rights law and the educa-
  tion law, in relation to prohibiting discrimination  based  on  gender
  identity  or  expression;  and to amend the penal law and the criminal
  procedure law, in relation  to  including  offenses  regarding  gender
  identity  or  expression within the list of offenses subject to treat-
  ment as hate crimes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative findings and intent. The legislature reaffirms
that the state has the responsibility to act to assure that every  indi-
vidual  within  this  state  is afforded an equal opportunity to enjoy a
full and productive life, and that the failure  to  provide  such  equal
opportunity,  whether  because of discrimination, prejudice, intolerance
or inadequate education, training,  housing  or  health  care  not  only
threatens  the  rights  and  proper  privileges  of its inhabitants, but
menaces the institutions and foundation of a free democratic  state  and
threatens  the  peace,  order, health, safety and general welfare of the
state and its inhabitants.
  The legislature further finds that many residents of this  state  have
encountered prejudice on account of their gender identity or expression,
and  that  this  prejudice  has  severely  limited or actually prevented

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01139-01-1
              

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