S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   70--A
     Cal. No. 452
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, RAMOS, SALAZAR, ADDABBO, BIAGGI, BRISPORT,
   COMRIE,  COONEY,  GOUNARDES,  HARCKHAM,  HINCHEY,   JACKSON,   KAPLAN,
   KAVANAGH,  LIU,  SKOUFIS  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance -- reported favor-
   ably from said committee, ordered to first and second report,  ordered
   to  a  third  reading, passed by Senate and delivered to the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend  the executive law, in relation to enacting the "hate
   crimes analysis and review act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as the "hate
 crimes analysis and review act".
   § 2. Subdivision 4-c of section 837 of the executive law, as added  by
 chapter 107 of the laws of 2000, is amended to read as follows:
   4-c.  (A) In cooperation with the chief administrator of the courts as
 well as any other public or private agency,  including  law  enforcement
 agencies,  collect  [and], MAINTAIN, analyze AND MAKE PUBLIC statistical
 and all other information and data with respect to the  number  of  hate
 crimes  reported to or investigated by the division of state police, and
 all other police or peace officers, the number of persons  arrested  for
 the  commission  of  such  crimes,  the offense for which the person was
 arrested, THE DEMOGRAPHIC DATA OF THE VICTIM OR VICTIMS OF  SUCH  CRIMES
 INCLUDING,  BUT  NOT LIMITED TO, RACE, COLOR, NATIONAL ORIGIN, ANCESTRY,
 GENDER, GENDER IDENTITY OR  EXPRESSION,  RELIGION,  RELIGIOUS  PRACTICE,
 AGE,  DISABILITY OR SEXUAL ORIENTATION OF A PERSON, THE DEMOGRAPHIC DATA
 OF THE PERSON OR PERSONS ARRESTED FOR  THE  COMMISSION  OF  SUCH  CRIMES
 INCLUDING,  BUT  NOT LIMITED TO, RACE, COLOR, NATIONAL ORIGIN, ANCESTRY,
 GENDER, GENDER IDENTITY OR  EXPRESSION,  RELIGION,  RELIGIOUS  PRACTICE,
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00071-07-1

 S. 70--A                            2
 
 AGE,  DISABILITY  OR  SEXUAL  ORIENTATION OF A PERSON, the county within
 which the arrest was made  and  the  accusatory  instrument  filed,  the
 disposition  of  the  accusatory  instrument  filed,  including, but not
 limited  to,  as  the  case may be, dismissal, acquittal, the offense to
 which the defendant pled guilty, the offense the defendant was convicted
 of after trial, and the sentence imposed. DATA COLLECTED SHALL  BE  USED
 FOR RESEARCH OR STATISTICAL PURPOSES ONLY AND SHALL NOT CONTAIN INFORMA-
 TION  THAT MAY REVEAL THE IDENTITY OF ANY INDIVIDUAL. The division shall
 include the statistics and other information required by  this  subdivi-
 sion  in  [the] AN annual report submitted to the governor [and legisla-
 ture pursuant to subdivision twelve of this section], THE SPEAKER OF THE
 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEM-
 BLY CODES COMMITTEE, THE CHAIR OF THE SENATE CODES COMMITTEE, THE ATTOR-
 NEY GENERAL AND THE CHIEF ADMINISTRATIVE JUDGE OF THE  OFFICE  OF  COURT
 ADMINISTRATION. SUCH ANNUAL REPORTS SHALL BE A PUBLIC RECORD.
   (B)  AS USED IN THIS SECTION, THE TERM "GENDER IDENTITY OR EXPRESSION"
 SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (C)  OF  SUBDIVISION
 FOUR OF SECTION 485.05 OF THE PENAL LAW.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.