The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  393--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, GRIFFIN -- read once and referred to
   the Committee on Governmental Operations -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the executive law, in relation to establishing an inter-
   agency task force on hate crimes and domestic terrorism; and providing
   for the repeal of such provisions upon the expiration thereof
 
   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 section  839-a
 to read as follows:
   §  839-A.  ESTABLISHMENT  OF INTERAGENCY TASK FORCE ON HATE CRIMES AND
 DOMESTIC TERRORISM. 1. THERE IS ESTABLISHED AN INTERAGENCY TASK FORCE ON
 HATE CRIMES AND DOMESTIC TERRORISM, WHICH SHALL CONSIST OF THE FOLLOWING
 MEMBERS OR THEIR DESIGNEES: (A) THE SUPERINTENDENT OF STATE POLICE;  (B)
 THE  COMMISSIONER  OF THE DIVISION OF CRIMINAL JUSTICE SERVICES; (C) THE
 COMMISSIONER  OF  THE  DIVISION  OF  HOMELAND  SECURITY  AND   EMERGENCY
 SERVICES;  (D)  THE  DIRECTOR  OF THE OFFICE OF VICTIM SERVICES; (E) THE
 DIRECTOR OF THE DIVISION OF HUMAN RIGHTS; (F) TWO MEMBERS, WHO SHALL  BE
 APPOINTED BY THE GOVERNOR; (G) ONE MEMBER, WHO SHALL BE APPOINTED BY THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE;  (H)  ONE  MEMBER,  WHO  SHALL BE
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (I) ONE MEMBER, WHO  SHALL  BE
 APPOINTED  ON  THE RECOMMENDATION OF THE PRESIDENT OF THE NEW YORK STATE
 DISTRICT ATTORNEYS  ASSOCIATION;  AND  (J)  ONE  MEMBER,  WHO  SHALL  BE
 APPOINTED  ON  THE RECOMMENDATION OF THE PRESIDENT OF THE NEW YORK STATE
 ASSOCIATION OF CHIEFS OF POLICE.  THE TASK FORCE WILL BE  CO-CHAIRED  BY
 THE  COMMISSIONER  OF  THE DIVISION OF CRIMINAL JUSTICE SERVICES AND THE
 SUPERINTENDENT OF STATE POLICE, OR THEIR DESIGNEES.  IT  SHALL  MEET  AS
 OFTEN AS IS NECESSARY, BUT NO LESS THAN ONCE PER YEAR, AND UNDER CIRCUM-
 STANCES  AS ARE APPROPRIATE TO FULFILLING ITS DUTIES UNDER THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04166-02-1

 A. 393--A                           2
 
 ALL MEMBERS SHALL BE PROVIDED WITH WRITTEN NOTICE REASONABLY IN  ADVANCE
 OF  EACH  MEETING WITH THE DATE, TIME AND LOCATION OF SUCH MEETING.  THE
 MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT COMPENSATION BUT SHALL  BE
 ENTITLED  TO  REIMBURSEMENT  FOR  ALL NECESSARY EXPENSES INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES.
   2. THE TASK FORCE IS AUTHORIZED TO: (A) COLLECT AND ORGANIZE  DATA  ON
 THE  NATURE  AND  EXTENT  OF  HATE  CRIMES AND DOMESTIC TERRORISM IN THE
 STATE; (B) IDENTIFY AVAILABLE FEDERAL, STATE  AND  LOCAL  PROGRAMS  THAT
 PROVIDE  SERVICES TO VICTIMS OF HATE CRIMES AND ACTS OF DOMESTIC TERROR-
 ISM; (C) COORDINATE WHEN NECESSARY WITH THE BUREAU OF CRIMINAL  INVESTI-
 GATIONS  TASK  FORCE  DEFINED  IN SUBDIVISION TWO OF SECTION TWO HUNDRED
 SIXTEEN OF THIS ARTICLE; (D) IDENTIFY AVAILABLE FEDERAL, STATE AND LOCAL
 PROGRAMS THAT PROVIDE SERVICES TO PREVENT ACTS OF HATE CRIMES AND DOMES-
 TIC TERRORISM; (E) CONSULT WITH GOVERNMENTAL AND NON-GOVERNMENTAL ORGAN-
 IZATIONS TO  DEVELOP  RECOMMENDATIONS  TO  STRENGTHEN  STATE  AND  LOCAL
 EFFORTS  TO  PREVENT  HATE  CRIMES  AND  ACTS OF DOMESTIC TERRORISM; (F)
 EXPLORE  THE  FEASIBILITY  OF  ESTABLISHING  INTERAGENCY  PROTOCOLS  AND
 COLLABORATION  BETWEEN  FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT, STATE
 AND GOVERNMENTAL AGENCIES, AND NON-GOVERNMENTAL ORGANIZATIONS; (G) EVAL-
 UATE TECHNIQUES TO INCREASE  PUBLIC  AWARENESS  ABOUT  HATE  CRIMES  AND
 DOMESTIC TERRORISM AND MAKE RECOMMENDATIONS ON HOW TO IMPROVE SUCH TECH-
 NIQUES  IF  NECESSARY;  AND  (H)  EVALUATE THE EFFECTIVENESS OF TRAINING
 PROGRAMS ON HATE CRIMES AND DOMESTIC TERRORISM THAT HAVE  BEEN  DESIGNED
 FOR  LAW  ENFORCEMENT PERSONNEL, PROSECUTORS, OTHER GOVERNMENTAL EMPLOY-
 EES, AND NON-GOVERNMENTAL ORGANIZATIONS, AND  MAKE  RECOMMENDATIONS  FOR
 IMPROVING THE QUALITY AND EFFECTIVENESS OF SUCH PROGRAMS.
   3.  THE  TASK  FORCE  SHALL REPORT TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE  TEMPORARY  PRESIDENT
 OF THE SENATE AND THE MINORITY LEADER OF THE SENATE NO LESS THAN ANNUAL-
 LY.  SUCH  REPORT  SHALL  INCLUDE DATA GATHERED BY THE TASK FORCE ON THE
 NATURE, EXTENT, AND INCIDENCE OF HATE CRIMES AND DOMESTIC  TERRORISM  IN
 THE  STATE  AND A SUMMARY OF ANY RECOMMENDATIONS DEVELOPED TO STRENGTHEN
 STATE AND LOCAL PREVENTION EFFORTS  AND  ANY  OTHER  INFORMATION  DEEMED
 NECESSARY.  THE TASK FORCE SHALL ISSUE REPORTS AND RECOMMENDATIONS AS IT
 DEEMS NECESSARY TO CARRY OUT ITS  DUTIES  AND  RESPONSIBILITIES.    SUCH
 REPORTS  SHALL  NOT  DISCLOSE ANY PERSONALLY IDENTIFIABLE INFORMATION ON
 ANY VICTIM OF A HATE CRIME OR DOMESTIC TERRORISM AND SHALL  NOT  CONTAIN
 ANY INFORMATION REGARDING ANY ONGOING CRIMINAL INVESTIGATIONS.
   4.  FOR  THE PURPOSES OF THIS SECTION, "DOMESTIC TERRORISM" SHALL MEAN
 THE COMMISSION, OR POSSIBLE COMMISSION, OF ACTS  COVERED  UNDER  ARTICLE
 FOUR  HUNDRED  NINETY  OF  THE PENAL LAW, IN WHICH THE PERPETRATOR IS OR
 WOULD BE A RESIDENT OF THE UNITED STATES OR AN ORGANIZATION  THAT  OPER-
 ATES EXCLUSIVELY OR PRIMARILY WITHIN THE UNITED STATES.
   5.  ALL APPOINTMENTS SHALL BE MADE NO LATER THAN NINETY DAYS AFTER THE
 EFFECTIVE DATE OF THIS  ACT.  ALL  VACANCIES  SHALL  BE  FILLED  BY  THE
 APPOINTING AUTHORITY IN A TIMELY MANNER.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2025.