Assembly Bill A237

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    237
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. QUART, COLTON, RODRIGUEZ, STIRPE -- read once and
   referred to the Committee on Governmental Operations
 
 AN  ACT to amend the executive law and the civil rights law, in relation
   to harassment through electronic communication

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 840 of the executive law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP, MAINTAIN, AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES
 REGARDING  CURRENT  INTERNET  TECHNOLOGY  AND HOW SUCH TECHNOLOGY MAY BE
 USED TO PERPETRATE HARASSMENT OR OTHER CRIMES. SUCH POLICIES AND  PROCE-
 DURES  SHALL  MAKE  PROVISIONS FOR THE EDUCATION AND TRAINING OF NEW AND
 VETERAN POLICE OFFICERS; AND
   (B) RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS WITH  RESPECT  TO
 THE  ESTABLISHMENT  AND IMPLEMENTATION ON AN ONGOING BASIS OF A TRAINING
 PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING  THE  POLICIES
 AND  PROCEDURES  ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION, ALONG WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   § 2. Subdivision 2 of section 79-n of the civil rights law, as amended
 by chapter 93 of the laws of 2020, is amended to read as follows:
   2. Any person who intentionally selects a person or property for  harm
 or causes damage to the property of another or causes physical injury or
 death  to  another  or summons a police officer or peace officer without
 reason to suspect a violation of  the  penal  law,  any  other  criminal
 conduct,  or  an  imminent  threat  to  a person or property, OR COMMITS
 HARASSMENT AS DEFINED IN SECTION 240.25 OF THE PENAL LAW in whole or  in
 substantial  part  because of a belief or perception regarding the race,
 color, national origin, ancestry, gender, religion, religious  practice,
 age, disability or sexual orientation of a person, regardless of whether
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01952-01-1

 A. 237                              2
 
 the  belief or perception is correct, shall be liable, in a civil action
 or proceeding maintained by such individual or group of individuals, for
 injunctive relief, damages, or any other appropriate relief  in  law  or
 equity.  If  it shall appear to the satisfaction of the court or justice
 that the respondent has, in fact, violated this section,  an  injunction
 may  be  issued  by such court or justice, enjoining and restraining any
 further violation, without requiring proof that any person has, in fact,
 been injured or damaged thereby. For the purposes of this subdivision, a
 person lacks reason to suspect a violation of the penal law,  any  other
 criminal  conduct, or an imminent threat to a person or property where a
 reasonable person would not suspect such violation, conduct, or threat.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.