NY State Senate Bill 2019-S6066B

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Feb 03, 2020	advanced to third reading
Jan 29, 2020	2nd report cal.
Jan 28, 2020	1st report cal.312
Jan 17, 2020	print number 6066b
Jan 17, 2020	amend and recommit to investigations and government operations
Jan 16, 2020	committee discharged and committed to investigations and government operations
Jan 08, 2020	referred to finance
Jun 15, 2019	print number 6066a
Jun 15, 2019	amend (t) and recommit to finance
May 16, 2019	referred to finance

Votes

- Jan 28, 2020 - Investigations And Government Operations Committee Vote
  S6066B
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Jan 28, 2020
      
      aye (6)
      
      Biaggi
      
      Carlucci
      
      Jacobs
      
      Kaminsky
      
      Sepúlveda
      
      Skoufis
      
      aye wr (1)
      
      Lanza

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S6066 - Details

See Assembly Version of this Bill:: A8070
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S70, A2230

2019-S6066 - Summary

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.

2019-S6066 - Sponsor Memo

                                
 
BILL NUMBER: S6066

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the inclu-
sion of information regarding the race, ethnicity, age, sex, and, where
known, the sexual orientation and gender identity of persons arrested
for, pleading guilty to or convicted of offenses in the information the
division of criminal justice services collects and analyzes regarding
hate crimes

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 4-c of section 837 of the Exec-
utive Law to require the Division of Criminal Justice Services to
include demographic information about people who are arrested for, plead
guilty to, and are convicted of hate crimes in their statutorily-re-
quired annual reporting of hate crime data.

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

New York's Hate Crimes Law increases the penalties for certain specified
criminal offenses that are committed targeting .a victim because of a
perception or belief about their race, color, national origin, ancestry,
gender, religion, religious practice, age, disability, sexual orien-
tation, or gender identity or expression.

Under current law, the Division of Criminal Justice Services is required
to collect and analyze statistical and all other information and data
with respect to hate crimes reported by law enforcement, and the agency
produces an annual report which details hate crimes incidents that law
enforcement agencies have reported to DCJS, including data on the number
of incidents and type of bias reported.  While this information is
important for understanding the prevalence of hate crimes in New York
and the groups most frequently targeted by hate crimes, it's also impor-
tant for New Yorkers to understand how and against whom police enforce
the Hate Crimes Law, which this proposal helps accomplish by expanding
the data analysis and reporting required by DCJS to include demographic
information about the people arrested for, pleading guilty to, and being
convicted of hate crimes.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6066 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6066
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, RAMOS, SALAZAR -- 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 requiring  the  inclu-
   sion  of  information  regarding  the  race, ethnicity, age, sex, and,
   where known, the sexual orientation and  gender  identity  of  persons
   arrested  for,  pleading  guilty  to  or  convicted of offenses in the
   information the division of criminal  justice  services  collects  and
   analyzes regarding hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4-c of section 837 of  the  executive  law,  as
 added by chapter 107 of the laws of 2000, is amended to read as follows:
   4-c. In cooperation with the chief administrator of the courts as well
 as  any  other public or private agency, including law enforcement agen-
 cies, collect and analyze statistical and all other information and data
 with respect to the number of hate crimes reported to or investigated by
 the division of state police, and all other police  or  peace  officers,
 the  number  of  persons arrested for the commission of such crimes, the
 offense for which the person was arrested,  THE  RACE,  ETHNICITY,  AGE,
 SEX, AND, WHERE KNOWN, THE SEXUAL ORIENTATION AND GENDER IDENTITY OF THE
 PERSON  ARRESTED,  the  county  within which the arrest was made and the
 accusatory instrument filed, the disposition of the  accusatory  instru-
 ment  filed, including, but not limited to, as the case may be, dismiss-
 al, acquittal, the offense to  which  the  defendant  pled  guilty,  the
 offense the defendant was convicted of after trial, THE RACE, ETHNICITY,
 AGE,  SEX,  AND, WHERE KNOWN, THE SEXUAL ORIENTATION AND GENDER IDENTITY
 OF THE DEFENDANT WHO PLED GUILTY TO OR WAS CONVICTED OF THE OFFENSE, and
 the sentence imposed. The division  shall  include  the  statistics  and
 other  information  required  by  this  subdivision in the annual report
 submitted to the governor and legislature pursuant to subdivision twelve
 of this section.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11382-01-9

co-Sponsors

2019-S6066A - Details

See Assembly Version of this Bill:: A8070
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S70, A2230

2019-S6066A - Summary

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.

2019-S6066A - Sponsor Memo

                                
 
BILL NUMBER: S6066A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the executive law, in relation to
enacting the "hate crimes analysis and review act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that New York State collects and reports data on the sexual
orientation, gender identity and racial or ethnic identity of victims
and alleged perpetrators.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the title of this legislation

Section 2 amends subdivision 4-c of section 837 of the executive law,
which was previously amended by the hate crimes act of 2000. This estab-
lishes that it is the responsibility of the Chief Administrator of the
Courts and local law enforcement to maintain and publicly report data on
hate crimes in New York State. This legislation specifies that hate

crimes incidents that have been reported to all law enforcement entities
in our state should be included in all data reported by law enforcement
and peace officers throughout the state.  It provides for the collection
of demographic data of crime victims and those arrested for the commis-
sion of such a crime. Lastly, this section mandates that the report be
delivered to the NYS Attorney General and to committees in the Legisla-
ture, along with the other Legislative leaders and the Executive.

Section 3 is the date of enactment

 
JUSTIFICATION:

When hate crimes take place in New York, there's often insufficient
information collected regarding the identities of those involved to
adequately understand who the victims are and who is being accused of
the crime. It is consequently more difficult for the state to provide
adequate victim support services and additional programming to decrease
the likelihood of hate crimes occurring. This bill would require data
collection of the gender identity, gender expression, sexual orien-
tation, race, ethnicity, color, religion, ancestry, age, disability, and
national origin of both alleged perpetrators and victims of hate crimes
from the division of criminal justice services. By collecting this
information, New York State can better ensure that the state is protect-
ing residents hate crimes laws intend to protect, with the goal of ulti-
mately ensuring we hold criminal offenders accountable while simultane-
ously advocating for balanced, restorative justice practices.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal

 
EFFECTIVE DATE:
This legislation goes into effect 90 days after enactment

2019-S6066A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6066--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, RAMOS, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Finance
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "hate
 crimes analysis and review act".
   §  2. Subdivision 4-c of section 837 of the executive law, as added by
 chapter 107 of the laws of 2000, is amended to read as follows:
   4-c. (A) In cooperation with the chief administrator of the courts  as
 well  as  any  other public or private agency, including law enforcement
 agencies, collect [and], MAINTAIN, analyze AND MAKE  PUBLIC  statistical
 and  all  other  information and data with respect to the number of hate
 crimes reported to or investigated by the division of state police,  and
 all  other  police or peace officers, the number of persons arrested for
 the commission of such crimes, the offense  for  which  the  person  was
 arrested,  THE  DEMOGRAPHIC DATA OF THE VICTIM OR VICTIMS OF SUCH CRIMES
 INCLUDING, BUT NOT LIMITED TO, RACE, COLOR, NATIONAL  ORIGIN,  ANCESTRY,
 GENDER,  RELIGION,  RELIGIOUS  PRACTICE,  AGE, DISABILITY, SEXUAL ORIEN-
 TATION OF A PERSON, REGARDLESS OF WHETHER THE BELIEF  OR  PERCEPTION  IS
 CORRECT,  OR  GENDER IDENTITY OR EXPRESSION, THE DEMOGRAPHIC DATA OF THE
 PERSON OR PERSONS ARRESTED FOR THE COMMISSION OF SUCH CRIMES  INCLUDING,
 BUT  NOT  LIMITED  TO,  RACE,  COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER,
 RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY, SEXUAL ORIENTATION  OF  A
 PERSON,  REGARDLESS  OF  WHETHER THE BELIEF OR PERCEPTION IS CORRECT, OR
 GENDER IDENTITY OR EXPRESSION, the county within which  the  arrest  was
 made and the accusatory instrument filed, the disposition of the accusa-
 tory  instrument  filed,  including, but not limited to, as the case may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11382-02-9

 S. 6066--A                          2
 
 be, dismissal, acquittal, the offense to which the defendant pled  guil-
 ty,  the  offense  the  defendant  was convicted of after trial, and the
 sentence imposed. DATA COLLECTED SHALL BE USED FOR RESEARCH  OR  STATIS-
 TICAL  PURPOSES  ONLY  AND SHALL NOT CONTAIN INFORMATION THAT MAY REVEAL
 THE IDENTITY OF ANY INDIVIDUAL. The division shall include  the  statis-
 tics  and  other  information  required  by this subdivision in [the] AN
 annual report submitted to the governor  [and  legislature  pursuant  to
 subdivision  twelve  of  this  section], THE CHAIR OF THE ASSEMBLY CODES
 COMMITTEE, THE CHAIR OF THE SENATE CODES COMMITTEE, THE ATTORNEY GENERAL
 AND THE CHIEF ADMINISTRATIVE JUDGE  OF  THE  OFFICE  OF  COURT  ADMINIS-
 TRATION. SUCH ANNUAL REPORTS SHALL BE A PUBLIC RECORD.
   (B)  AS USED IN THIS SECTION, THE TERM "GENDER IDENTITY OR EXPRESSION"
 MEANS A PERSON'S ACTUAL OR PERCEIVED  GENDER-RELATED  IDENTITY,  APPEAR-
 ANCE,  BEHAVIOR,  EXPRESSION,  OR  OTHER  GENDER-RELATED  CHARACTERISTIC
 REGARDLESS OF THE SEX ASSIGNED TO SUCH PERSON AT BIRTH,  INCLUDING,  BUT
 NOT LIMITED TO, THE STATUS OF BEING TRANSGENDER.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2019-S6066B (ACTIVE) - Details

See Assembly Version of this Bill:: A8070
Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S70, A2230

2019-S6066B (ACTIVE) - Summary

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.

2019-S6066B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6066B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "hate
crimes analysis and review act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that New York State collects and reports data on the sexual
orientation, gender identity and racial or ethnic identity of victims
and alleged perpetrators.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill is the title clause.

Section 2 amends subdivision 4-c of section 837 of the executive law,
which was previously amended by the hate crimes act of 2000. This estab-
lishes that it is the responsibility of the Chief Administrator of the

Courts and local law enforcement to maintain and publicly report data on
hate crimes in New York State. This legislation specifies that hate
crimes incidents that have been reported to all law enforcement entities
in our state should be included in all data reported by law enforcement
and peace officers throughout the state.  It provides for the collection
of demographic data of crime victims and those arrested for the commis-
sion of such a crime. Lastly, this section mandates that the report be
delivered to the NYS Attorney General and to committees in the Legisla-
ture, along with the other Legislative leaders and the Executive.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

When hate crimes take place in New York, there's often insufficient
information collected regarding the identities of those involved to
adequately understand who the victims are and who is being accused of
the crime. It is consequently more difficult for the state to provide
adequate victim support services and additional programming to decrease
the likelihood of hate crimes occurring. This bill would require data
collection of the gender identity, gender expression, sexual orien-
tation, race, ethnicity, color, religion, ancestry, age, disability, and
national origin of both alleged perpetrators and victims of hate crimes
from the division of criminal justice services. By collecting this
information, New York State can better ensure that the state is protect-
ing residents hate crimes laws intend to protect, with the goal of ulti-
mately ensuring we hold criminal offenders accountable while simultane-
ously advocating for balanced, restorative justice practices.

 
PRIOR LEGISLATIVE HISTORY:

S.6066-A of 2019 (Hoylman): Died in Finance Committee

A.8070-A of 2019 (Reyes): Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal
 
EFFECTIVE DATE:
This legislation goes into effect 90 days after enactment

2019-S6066B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6066--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, RAMOS, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Finance
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Finance  in  accordance  with  Senate  Rule  6,  sec.  8  -- committee
   discharged and said bill committed to the Committee on  Investigations
   and  Government  Operations  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "hate
 crimes analysis and review act".
   §  2. Subdivision 4-c of section 837 of the executive law, as added by
 chapter 107 of the laws of 2000, is amended to read as follows:
   4-c. (A) In cooperation with the chief administrator of the courts  as
 well  as  any  other public or private agency, including law enforcement
 agencies, collect [and], MAINTAIN, analyze AND MAKE  PUBLIC  statistical
 and  all  other  information and data with respect to the number of hate
 crimes reported to or investigated by the division of state police,  and
 all  other  police or peace officers, the number of persons arrested for
 the commission of such crimes, the offense  for  which  the  person  was
 arrested,  THE  DEMOGRAPHIC DATA OF THE VICTIM OR VICTIMS OF SUCH CRIMES
 INCLUDING, BUT NOT LIMITED TO, RACE, COLOR, NATIONAL  ORIGIN,  ANCESTRY,
 GENDER,  RELIGION,  RELIGIOUS  PRACTICE,  AGE, DISABILITY, SEXUAL ORIEN-
 TATION OF A PERSON, REGARDLESS OF WHETHER THE BELIEF  OR  PERCEPTION  IS
 CORRECT,  OR  GENDER IDENTITY OR EXPRESSION, THE DEMOGRAPHIC DATA OF THE
 PERSON OR PERSONS ARRESTED FOR THE COMMISSION OF SUCH CRIMES  INCLUDING,
 BUT  NOT  LIMITED  TO,  RACE,  COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER,
 RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY, SEXUAL ORIENTATION  OF  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11382-03-0

 S. 6066--B                          2
 
 PERSON,  REGARDLESS  OF  WHETHER THE BELIEF OR PERCEPTION IS CORRECT, OR
 GENDER IDENTITY OR EXPRESSION, the county within which  the  arrest  was
 made and the accusatory instrument filed, the disposition of the accusa-
 tory  instrument  filed,  including, but not limited to, as the case may
 be, dismissal, acquittal, the offense to which the defendant pled  guil-
 ty,  the  offense  the  defendant  was convicted of after trial, and the
 sentence imposed. DATA COLLECTED SHALL BE USED FOR RESEARCH  OR  STATIS-
 TICAL  PURPOSES  ONLY  AND SHALL NOT CONTAIN INFORMATION THAT MAY REVEAL
 THE IDENTITY OF ANY INDIVIDUAL. The division shall include  the  statis-
 tics  and  other  information  required  by this subdivision in [the] AN
 annual report submitted to the governor  [and  legislature  pursuant  to
 subdivision  twelve  of  this section], THE SPEAKER OF THE ASSEMBLY, THE
 TEMPORARY PRESIDENT OF THE SENATE,  THE  CHAIR  OF  THE  ASSEMBLY  CODES
 COMMITTEE, THE CHAIR OF THE SENATE CODES COMMITTEE, THE ATTORNEY GENERAL
 AND  THE  CHIEF  ADMINISTRATIVE  JUDGE  OF  THE OFFICE OF COURT ADMINIS-
 TRATION. SUCH ANNUAL REPORTS SHALL BE A PUBLIC RECORD.
   (B) AS USED IN THIS SECTION, THE TERM "GENDER IDENTITY OR  EXPRESSION"
 SHALL  HAVE  THE  SAME  MEANING AS DEFINED IN SUBDIVISION THIRTY-FIVE OF
 SECTION TWO HUNDRED NINETY-TWO OF THIS CHAPTER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S6066B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 28, 2020 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Jan 28, 2020

Bill Amendments

co-Sponsors

2019-S6066 - Details

2019-S6066 - Summary

2019-S6066 - Sponsor Memo

2019-S6066 - Bill Text download pdf

co-Sponsors

2019-S6066A - Details

2019-S6066A - Summary

2019-S6066A - Sponsor Memo

2019-S6066A - Bill Text download pdf

co-Sponsors

2019-S6066B (ACTIVE) - Details

2019-S6066B (ACTIVE) - Summary

2019-S6066B (ACTIVE) - Sponsor Memo

2019-S6066B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6066B

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S6066 - Details

2019-S6066 - Summary

2019-S6066 - Sponsor Memo

2019-S6066 - Bill Text download pdf

co-Sponsors

2019-S6066A - Details

2019-S6066A - Summary

2019-S6066A - Sponsor Memo

2019-S6066A - Bill Text download pdf

co-Sponsors

2019-S6066B (ACTIVE) - Details

2019-S6066B (ACTIVE) - Summary

2019-S6066B (ACTIVE) - Sponsor Memo

2019-S6066B (ACTIVE) - Bill Text download pdf

Comments