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.