Senate Bill S4932A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4932
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2019
                                ___________
 
 Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the executive law and the  penal  law,  in  relation  to
   protections against anti-Semitism in the human rights law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  determinations.  The  legislature
 finds  and determines that discrimination and attacks have been unfairly
 and wrongfully levied and directed against the Jewish people  and  their
 faith for generations, from ancient times to the present. Such discrimi-
 nation  and  attacks,  manifesting themselves through acts of anti-Semi-
 tism, have proven to be among the most despicable acts of mankind, call-
 ing witness to countless  acts  of  death,  deprivation,  injustice  and
 holocaust.
   The  legislature further finds and determines that anti-Semitism sadly
 remains  today,  still  a  persistent,  disturbing  problem  in  certain
 segments  of  society,  political movements, on college campuses, and by
 select disturbed and/or seriously misguided or hateful individuals.
   The legislature also finds and determines that acts  of  anti-Semitism
 have  even  very  recently  resulted in homicidal attacks against Jewish
 places of worship in Pittsburgh, Pennsylvania; in disgraceful,  horrific
 comments  made  on Twitter against Jewish people and their religion by a
 majority member of the United States House of  Representatives;  and  in
 the  defacement  and mutilation of publicly displayed photographs in New
 York City of a prominent and  respected  Jewish  member  of  the  United
 States Supreme Court.
   The legislature additionally finds and determines that both the feder-
 al  Department of Justice, and the federal Department of Education, have
 properly concluded that both state and federal law  prohibits  discrimi-
 nation  against persons of the Jewish faith, as well as members of other

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

                                                            LBD10873-01-9

 S. 4932                             2
 
 religious groups, when such discrimination is based  on  the  actual  or
 perceived religious faith, shared ancestry or ethnic characteristics, or
 when  the  discrimination is based on actual or perceived citizenship or
 residence  in  a  country whose residents share a dominant religion or a
 distinct religious identity.
   The legislature further finds  and  determines  that  persons  of  the
 Jewish  faith,  and/or  of Jewish heritage, are continuing to be threat-
 ened, harassed or intimidated in their daily lives, work  and  education
 (including on their college campuses) and in the practice of their reli-
 gion,  by  acts  of  anti-Semitism,  due to the basis of their religious
 belief, shared ancestry or ethnic  characteristics,  including  but  not
 limited  to  harassing  conduct  that  creates  a hostile environment so
 severe, pervasive, or persistent as to interfere  with  or  limit  their
 ability  to  participate in or benefit from the services, activities, or
 opportunities offered by their daily life, work, schools or practice  of
 their faith and/or religious principles.
   The  legislature  finally  finds  and  determines  that legislation is
 therefore necessary to place a definition of  anti-Semitism  within  the
 state  human rights law, to specifically provide that acts of anti-Semi-
 tism shall constitute a violation of the state human rights law, and  to
 further  provide  that  anti-Semitism that incites, causes or results in
 any act of violence, or  injury  to  a  person,  or  the  damage  to  or
 destruction  of real or personal property, shall be deemed to constitute
 a hate crime.
   § 2. Section 292 of the executive law is amended  by  adding  two  new
 subdivisions 36 and 37 to read as follows:
   36.  THE  TERM  "CREED"  MEANS  A  SET  OF MORAL, RELIGIOUS OR ETHICAL
 BELIEFS, AND THE PRACTICES AND OBSERVANCES ASSOCIATED WITH SUCH BELIEFS,
 AND SHALL INCLUDE BOTH TRADITIONAL  RELIGIOUS  BELIEFS  ASSOCIATED  WITH
 RECOGNIZED,  ORGANIZED RELIGIONS, AS WELL AS BELIEF SYSTEMS THAT MAY NOT
 BE EXPRESSED BY  SUCH  ORGANIZED  RELIGIOUS  GROUPS.    THE  PROTECTIONS
 PROVIDED  BY  THIS  ARTICLE  SHALL  NOT ONLY INCLUDE PROTECTIONS AGAINST
 DISCRIMINATION BASED ON CREED, INCLUDING BUT NOT  LIMITED  TO  DISCRIMI-
 NATION  AGAINST  ANYONE PRACTICING A BELIEF IN ANY FORM OF CHRISTIANITY,
 JUDAISM, ISLAM, HINDUISM, BUDDHISM OR ANY OTHER TYPE  OF  RELIGION,  BUT
 SHALL ALSO SPECIFICALLY PROVIDE FOR PROTECTIONS AGAINST ANTI-SEMITISM.
   37.  THE  TERM "ANTI-SEMITISM" MEANS THE PUBLIC DEMONSTRATION OF NEGA-
 TIVE ACTIONS, BEHAVIORS OR PERCEPTIONS REGARDING THOSE PERSONS  PRACTIC-
 ING THE JEWISH RELIGION OR EXHIBITING A JEWISH HERITAGE, INCLUDING:
   A.  HATRED  OR  SEVERE DISPARAGEMENT TOWARD THE JEWISH PEOPLE OR THEIR
 CULTURE;
   B. RHETORICAL, VIOLENT AND/OR PHYSICAL MANIFESTATIONS DIRECTED AGAINST
 JEWISH OR NON-JEWISH INDIVIDUALS OR PROPERTY,  JEWISH  COMMUNITY  INSTI-
 TUTIONS, AND/OR JEWISH RELIGIOUS FACILITIES;
   C.  THE CALLING FOR, AIDING, ENCOURAGING, SUPPORTING OR JUSTIFYING THE
 KILLING, HARMING OR DEFAMING OF ANYONE, SIMPLY FOR PRACTICING THE JEWISH
 RELIGION OR EXHIBITING A JEWISH HERITAGE;
   D. MAKING FALSE AND MENDACIOUS, DEHUMANIZING, DEMONIZING, DEMEANING OR
 STEREOTYPICAL ALLEGATIONS, ABOUT PERSONS PRACTICING THE JEWISH RELIGION,
 OR ABOUT THOSE WHO EXHIBIT A JEWISH HERITAGE, OR ABOUT THE MYTH ABOUT  A
 WORLD  JEWISH  CONSPIRACY, OR ABOUT JEWISH PERSONS ALLEGEDLY CONTROLLING
 THE MEDIA, ECONOMY, GOVERNMENT OR OTHER SOCIETAL INSTITUTIONS;
   E. ACCUSING THOSE PRACTICING THE  JEWISH  RELIGION,  OR  EXHIBITING  A
 JEWISH  HERITAGE,  WHETHER  SINGULARLY  OR COLLECTIVELY, AS BEING WHOLLY
 RESPONSIBLE FOR ANY REAL OR IMAGINED WRONGDOING COMMITTED  BY  A  SINGLE
 JEWISH PERSON OR GROUP;

 S. 4932                             3
 
   F.  ACCUSING  THOSE  PRACTICING  THE  JEWISH RELIGION, OR EXHIBITING A
 JEWISH HERITAGE, WHETHER SINGULARLY OR  COLLECTIVELY,  AS  BEING  WHOLLY
 RESPONSIBLE  FOR  ANY REAL OR IMAGINED WRONGDOING COMMITTED BY THE STATE
 OF ISRAEL; AND
   G.  ACCUSING  THOSE  PRACTICING  THE  JEWISH RELIGION, OR EXHIBITING A
 JEWISH HERITAGE, WHETHER SINGULARLY OR COLLECTIVELY, OF BEING MORE LOYAL
 TO ISRAEL, OR TO THE ALLEGED PRIORITIES OF JEWISH PEOPLE WORLDWIDE, THAN
 TO THE INTERESTS OF THE PEOPLE OF THE STATE  OF  NEW  YORK,  OR  TO  THE
 INTERESTS OF THE PEOPLE OF THE UNITED STATES OF AMERICA.
   §  3.  Section  297  of  the  executive law is amended by adding a new
 subdivision 11 to read as follows:
   11. IN REVIEWING, INVESTIGATING, ADJUDICATING OR  DETERMINING  WHETHER
 THERE HAS BEEN A VIOLATION OF THIS ARTICLE ON THE BASIS OF CREED, AND/OR
 TO  AFFORD  PROTECTIONS AGAINST ANTI-SEMITISM, AS DEFINED BY SUBDIVISION
 THIRTY-SEVEN OF SECTION TWO HUNDRED NINETY-TWO OF  THIS  ARTICLE,  AS  A
 RESULT  OF  ACTIONS  TAKEN  AGAINST  A PERSON BECAUSE OF AN INDIVIDUAL'S
 ACTUAL OR PERCEIVED JEWISH RELIGIOUS PRACTICES, OR JEWISH  ANCESTRY,  OR
 JEWISH  ETHNIC  CHARACTERISTICS,  THE DIVISION OR THE COURT UPON REVIEW,
 SHALL TAKE INTO CONSIDERATION THE DEFINITION OF ANTI-SEMITISM  CONTAINED
 IN  SUBDIVISION  THIRTY-SEVEN  OF SECTION TWO HUNDRED NINETY-TWO OF THIS
 ARTICLE, AS PART OF ITS  ASSESSMENT,  IN  ANY  DECISION,  DETERMINATION,
 ADJUDICATION  OR  JUDGMENT  AS TO WHETHER THE ALLEGED PRACTICE WAS MOTI-
 VATED BY ANTI-SEMITIC INTENT.
   § 4. Section 485.05 of the penal law is amended by adding a new subdi-
 vision 5 to read as follows:
   5. IN ADDITION TO ANY OTHER HATE CRIME PROVIDED FOR IN  THIS  SECTION,
 ANY  PERSON  WHO COMMITS AN ACT OF ANTI-SEMITISM, AS DEFINED IN SUBDIVI-
 SION THIRTY-SEVEN OF SECTION TWO HUNDRED  NINETY-TWO  OF  THE  EXECUTIVE
 LAW,  THAT  INCITES, CAUSES OR RESULTS IN ANY ACT OF VIOLENCE, OR INJURY
 TO A PERSON, OR THE DAMAGE TO OR DESTRUCTION OF REAL OR PERSONAL PROPER-
 TY, SHALL BE DEEMED TO CONSTITUTE A HATE CRIME UNDER THIS SECTION.
   § 5. Nothing in the act shall be deemed to diminish or  infringe  upon
 any  right  protected under section 3 or 8 of Article I of the Constitu-
 tion of the State of New York, or by the first amendment to  the  United
 States Constitution.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.