S T A T E O F N E W Y O R K
________________________________________________________________________
8497
2021-2022 Regular Sessions
I N A S S E M B L Y
November 17, 2021
___________
Introduced by M. of A. GALLAGHER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to including correctional
facilities as publicly-assisted housing accommodations for purposes of
the division of human rights
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent and findings. Whereas recent judicial
opinions have created confusion regarding the status of correctional
facilities and law enforcement agencies as subjects of the jurisdiction
of the New York human rights law, the legislature hereby finds and
declares that law enforcement agencies and correctional facilities are
subject to the jurisdiction of the law.
§ 2. Subdivision 10 of section 292 of the executive law, as added by
chapter 340 of the laws of 1955, is amended to read as follows:
10. The term "housing accommodation" includes any building, structure,
or portion thereof which is used or occupied or is intended, arranged or
designed to be used or occupied, as the home, residence or sleeping
place of one or more human beings, INCLUDING ANY TYPE OF CORRECTIONAL
FACILITY.
§ 3. Section 292 of the executive law is amended by adding three new
subdivisions 39, 40, and 41 to read as follows:
39. THE TERM "LAW ENFORCEMENT OFFICER" SHALL MEAN EMPLOYEES OF STATE
OR LOCAL GOVERNMENTS, THEIR AGENCIES, OR POLITICAL SUBDIVISIONS, WHO ARE
CHARGED IN THEIR OFFICIAL DUTIES WITH THE ENFORCEMENT OF LAWS AND MAIN-
TENANCE OF PUBLIC SAFETY AND PUBLIC ORDER, FOR EXAMPLE BY RESPONDING TO
EMERGENCY CALLS, ENFORCING TRAFFIC LAWS, INVESTIGATING POTENTIAL CRIMI-
NAL VIOLATIONS, CONDUCTING PATROLS, POLICING LARGE PUBLIC GATHERINGS OR
PUBLIC TRANSIT FACILITIES, AND QUESTIONING OR ARRESTING INDIVIDUALS
SUSPECTED OF CRIMINAL ACTIVITY. LAW ENFORCEMENT OFFICERS SHALL INCLUDE,
WITHOUT LIMITATION, SHERIFFS AND THE EMPLOYEES OF SHERIFF'S DEPARTMENTS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13147-03-1
A. 8497 2
TOWN, VILLAGE, CITY, COUNTY OR MUNICIPAL POLICE OFFICERS, SECURITY OFFI-
CERS EMPLOYED BY TRANSPORTATION AUTHORITIES, STATE POLICE AND STATE
TROOPERS, AND AUXILIARIES OR DEPUTIES OF ANY SUCH DEPARTMENT OR ORGAN-
IZATION, MEMBERS OF THE ORGANIZED MILITIA OF THE STATE OR ANY NATIONAL
GUARD DEPLOYED IN NEW YORK FOR THE PURPOSE OF EFFECTUATING ANY KIND OF
PUBLIC ORDER. FOR THE PURPOSES OF THIS ARTICLE, SERVICES RENDERED BY A
LAW ENFORCEMENT OFFICER IN THE COURSE OF REGULAR DUTY SHALL QUALIFY AS
PUBLIC ACCOMMODATIONS.
40. THE TERM "LAW ENFORCEMENT AGENCY" SHALL INCLUDE ANY EMPLOYER OF
LAW ENFORCEMENT OFFICERS IN A PUBLIC OR OFFICIAL CAPACITY. FOR THE
PURPOSES OF THIS ARTICLE, SERVICES RENDERED BY A LAW ENFORCEMENT AGENCY
IN THE COURSE OF REGULAR DUTY SHALL QUALIFY AS PUBLIC ACCOMMODATIONS.
41. THE TERM "CORRECTIONAL FACILITY" SHALL INCLUDE ANY CORRECTIONAL
FACILITY, DETENTION CENTER OWNED, RECEPTION CENTER, RESIDENTIAL TREAT-
MENT FACILITY, CORRECTIONAL CAMP, DIAGNOSTIC AND TREATMENT CENTER,
GENERAL CONFINEMENT FACILITY, WORK RELEASE FACILITY, COMMUNITY TREATMENT
FACILITY, SHOCK INCARCERATION CORRECTIONAL FACILITY, ALCOHOL AND
SUBSTANCE ABUSE TREATMENT FACILITY, ALCOHOL AND SUBSTANCE ABUSE TREAT-
MENT CORRECTIONAL ANNEX, VOCATIONAL AND SKILLS TRAINING FACILITY, DRUG
TREATMENT CAMPUS, RESIDENTIAL MENTAL HEALTH TREATMENT UNIT, AND RESIDEN-
TIAL REHABILITATION UNIT THAT IS OPERATED OR LEASED BY THE DEPARTMENT OF
CORRECTIONS, THE STATE OF NEW YORK OR ANY LOCAL GOVERNMENT OR POLITICAL
SUBDIVISION OF THE STATE OF NEW YORK.
§ 4. Paragraph (a) of subdivision 2 of section 296 of the executive
law, as amended by chapter 8 of the laws of 2019, is amended to read as
follows:
(a) It shall be an unlawful discriminatory practice for any person,
being the owner, lessee, proprietor, manager, superintendent, agent or
employee of any CORRECTIONAL FACILITY, LAW ENFORCEMENT AGENCY, place of
public accommodation, resort or amusement, because of the race, creed,
color, national origin, sexual orientation, gender identity or
expression, military status, sex, disability or marital status of any
person, directly or indirectly, to refuse, withhold from or deny to such
person any of the accommodations, advantages, facilities or privileges
thereof, including the extension of credit, or, directly or indirectly,
to publish, circulate, issue, display, post or mail any written or
printed communication, notice or advertisement, to the effect that any
of the accommodations, advantages, facilities and privileges of any such
place shall be refused, withheld from or denied to any person on account
of race, creed, color, national origin, sexual orientation, gender iden-
tity or expression, military status, sex, disability or marital status,
or that the patronage or custom thereat of any person of or purporting
to be of any particular race, creed, color, national origin, sexual
orientation, gender identity or expression, military status, sex or
marital status, or having a disability is unwelcome, objectionable or
not acceptable, desired or solicited.
§ 5. This act shall take effect immediately.