The New York State Senate

 
                     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.