Senate Bill S2412

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

                                  2412

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sens.  PERKINS,  DUANE, HASSELL-THOMPSON, PARKER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Finance

AN  ACT  to  amend the executive law, in relation to the creation of the
  council on bias-related violence

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

  Section  1.  The executive law is amended by adding a new article 19-M
to read as follows:
                               ARTICLE 19-M
                       GOVERNOR'S ADVISORY COUNCIL
                        ON BIAS-RELATED VIOLENCE
SECTION 549-X. GOVERNOR'S ADVISORY COUNCIL ON BIAS-RELATED VIOLENCE.
        549-Y. GENERAL POWERS AND DUTIES OF THE COUNCIL.
        549-Z. ASSISTANCE OF OTHER AGENCIES.
  S 549-X. GOVERNOR'S ADVISORY COUNCIL ON  BIAS-RELATED  VIOLENCE.    1.
THERE IS HEREBY ESTABLISHED WITHIN THE EXECUTIVE DEPARTMENT A GOVERNOR'S
ADVISORY  COUNCIL ON BIAS-RELATED VIOLENCE. THE COUNCIL SHALL CONSIST OF
TWENTY MEMBERS, BROADLY REPRESENTATIVE OF THE VARIOUS GROUPS IN  SOCIETY
WHICH HAVE HISTORICALLY BEEN THE TARGETS OF BIAS-RELATED VIOLENCE AND OF
CLERGY,  TO BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF
THE SENATE, FROM AMONG PRIVATE CITIZENS. IN  MAKING  SUCH  APPOINTMENTS,
DUE  CONSIDERATION  SHALL BE GIVEN TO THE RECOMMENDATIONS MADE BY REPRE-
SENTATIVE CIVIC, EDUCATIONAL, LEGAL AND ADVOCACY GROUPS AND ASSOCIATIONS
CONCERNED WITH OR OTHERWISE ENGAGED IN THE REPRESENTATION  OF  INTERESTS
OF  PERSONS WHO HAVE BEEN THE TARGETS OF BIAS-RELATED VIOLENCE. IN ADDI-
TION, THE ATTORNEY GENERAL, THE COMMISSIONER OF THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND THE COMMISSIONER OF THE DIVISION  OF  HUMAN  RIGHTS
SHALL BE EX-OFFICIO MEMBERS OF THE COUNCIL.
  2.  THE  TERM OF OFFICE OF EACH MEMBER OF THE COUNCIL SHALL BE FOR TWO
YEARS. VACANCIES IN THE COUNCIL OCCURRING OTHERWISE THAN  BY  EXPIRATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07002-01-1
              

S. 2412                             2

OF  TERM  SHALL  BE  FILLED FOR THE UNEXPIRED TERM IN THE SAME MANNER AS
ORIGINAL APPOINTMENTS. THE GOVERNOR SHALL DESIGNATE A CHAIRPERSON AND  A
VICE-CHAIRPERSON TO SERVE AS SUCH AT THE PLEASURE OF THE GOVERNOR.
  3.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE REIMBURSED FOR ALL EXPENSES ACTUALLY  AND  NECES-
SARILY  INCURRED  BY  THEM  IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER
WITHIN THE AMOUNT MADE AVAILABLE BY APPROPRIATION THEREFOR.
  4. THE CHAIRPERSON MAY APPOINT AN EXECUTIVE DIRECTOR AND SUCH  EXPERTS
AND  EMPLOYEES  AS HE OR SHE MAY DEEM NECESSARY, PRESCRIBE THEIR DUTIES,
FIX THEIR COMPENSATION AND PROVIDE FOR REIMBURSEMENT OF  THEIR  EXPENSES
WITHIN AMOUNTS AVAILABLE THEREFOR BY APPROPRIATION.
  S  549-Y.  GENERAL POWERS AND DUTIES OF THE COUNCIL. THE COUNCIL SHALL
HAVE THE FOLLOWING POWERS AND DUTIES:
  1. TO RECEIVE INFORMATION WITH RESPECT TO, AND TO STUDY  AND  ANALYZE,
INCIDENTS OF VIOLENCE THAT APPEAR TO BE BIAS-RELATED, AND TO EXAMINE THE
ELEMENTS  OF  SUCH INCIDENTS TO IDENTIFY THOSE FACTORS THAT ARE CONSIST-
ENTLY ASSOCIATED WITH SUCH VIOLENCE;
  2. TO IDENTIFY AND ANALYZE THE RESPONSES TO INCIDENTS OF  BIAS-RELATED
VIOLENCE MADE BY GOVERNMENTAL OFFICIALS, INCLUDING LAW ENFORCEMENT OFFI-
CIALS AND PROSECUTORS, AND TO DETERMINE WHETHER SUCH RESPONSES ARE BASED
ON APPROPRIATE POLICIES AND PROCEDURES;
  3.  TO  CONDUCT  PUBLIC  HEARINGS AS MAY BE NECESSARY TO CARRY OUT ITS
FUNCTIONS HEREUNDER; AND
  4. TO MAKE RECOMMENDATIONS WITH RESPECT TO THE FOLLOWING:
  A. EDUCATIONAL PROGRAMS TO TEACH CHILDREN THE VALUE OF  TOLERANCE  FOR
OTHERS;
  B.  TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICIALS AND PROSECUTORS TO
SENSITIZE THEM TO THE  SPECIAL  NATURE  OF  BIAS-RELATED  CRIME  AND  TO
ENCOURAGE  THEM  TO  RECOGNIZE  ITS EXISTENCE AND TO DEVELOP APPROPRIATE
RESPONSES;
  C. THE APPROPRIATENESS AND EFFECTIVENESS OF EXISTING CIVIL AND  CRIMI-
NAL LAWS IN REDRESSING BIAS-RELATED VIOLENCE AND ANY CHANGES THAT SHOULD
BE MADE IN SUCH LAWS; AND
  D.  SUCH  OTHER  MATTERS  AS  MAY BE DEEMED APPROPRIATE BY THE COUNCIL
AFTER CONSULTATION WITH INVOLVED PARTIES.
  S 549-Z. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE  PURPOSES  OF
THIS  ARTICLE,  THE GOVERNOR'S ADVISORY COUNCIL ON BIAS-RELATED VIOLENCE
MAY REQUEST FROM ANY DEPARTMENT,  BOARD,  BUREAU,  COMMISSION  OR  OTHER
AGENCY  OF  THE  STATE,  AND  THE  SAME  ARE AUTHORIZED TO PROVIDE, SUCH
ASSISTANCE, SERVICES AND DATA AS WILL ENABLE  THE  COUNCIL  PROPERLY  TO
CARRY OUT ITS POWERS AND DUTIES HEREUNDER.
  S 2. This act shall take effect immediately.