NY State Senate Bill 2021-S70A

Archive: Last Bill Status Via A2230 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	approval memo.92 signed chap.722
Dec 10, 2021	delivered to governor
Jun 01, 2021	returned to assembly passed senate 3rd reading cal.452 substituted for s70a
Jun 01, 2021	substituted by a2230a
May 20, 2021	amended on third reading 70a
May 20, 2021	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 12, 2021	recommitted to ways and means substitution reconsidered
Apr 19, 2021	ordered to third reading cal.200 substituted for a2230
Mar 31, 2021	referred to ways and means delivered to assembly passed senate
Mar 03, 2021	advanced to third reading
Mar 02, 2021	2nd report cal.
Mar 01, 2021	1st report cal.452
Jan 06, 2021	referred to finance

Votes

- Jun 1, 2021 - Floor Vote
  A2230
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Mar 1, 2021 - Finance Committee Vote
  S70A
  
  22
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Mar 1, 2021
      
      aye (22)
      
      Bailey
      
      Benjamin
      
      Borrello
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      O'Mara
      
      Parker
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Savino
      
      Serino
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (1)
      
      Tedisco

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S70 - Details

See Assembly Version of this Bill:: A2230
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S6066, A8070

2021-S70 - Summary

Enacts the "hate crimes analysis and review act", specifying the collection and reporting of certain demographic data regarding the victims and alleged perpetrators of hate crimes.

2021-S70 - Sponsor Memo

                                
 
BILL NUMBER: S70

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "hate
crimes analysis and review act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that New York State collects and reports data on the sexual
orientation, gender identity and racial or ethnic identity of victims
and alleged perpetrators.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill is the title clause.

Section 2 amends subdivision 4-c of section 837 of the executive law,
which was previously amended by the hate crimes act of 2000. This estab-
lishes that it is the responsibility of the Chief Administrator of the

Courts and local law enforcement to maintain and publicly report data on
hate crimes in New York State. This legislation specifies that hate
crimes incidents that have been reported to all law enforcement entities
in our state should be included in all data reported by law enforcement
and peace officers throughout the state.  It provides for the collection
of demographic data of crime victims and those arrested for the commis-
sion of such a crime. Lastly, this section mandates that the report be
delivered to the NYS Attorney General and to committees in the Legisla-
ture, along with the other Legislative leaders and the Executive.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

When hate crimes take place in New York, there's often insufficient
information collected regarding the identities of those involved to
adequately understand who the victims are and who is being accused of
the crime. It is consequently more difficult for the state to provide
adequate victim support services and additional programming to decrease
the likelihood of hate crimes occurring. This bill would require data
collection of the gender identity, gender expression, sexual orien-
tation, race, ethnicity, color, religion, ancestry, age, disability, and
national origin of both alleged perpetrators and victims of hate crimes
from the division of criminal justice services. By collecting this
information, New York State can better ensure that the state is protect-
ing residents hate crimes laws intend to protect, with the goal of ulti-
mately ensuring we hold criminal offenders accountable while simultane-
ously advocating for balanced, restorative justice practices.

 
PRIOR LEGISLATIVE HISTORY:

S.6006-B of 2020 (Hoylman): Died on 3rd Reading

A.8070-B of 2020 (Reyes): Died in Investigations and Government Oper-
ations

A.8070-A of 2019-2020 (Reyes): Amended on 3rd reading

S.6006-A of 2019-2020 (Hoylman): Amended and Recommitted go Investi-
gations and Government Operations

S.6066-A of 2019 (Hoylman): Died in Finance Committee

A.8070-A of 2019 (Reyes): Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal

 
EFFECTIVE DATE:
This legislation goes into effect 90 days after enactment.

2021-S70 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    70
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, RAMOS, SALAZAR, COMRIE, GOUNARDES, KAPLAN,
   SKOUFIS -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Finance
 
 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, RELIGION, RELIGIOUS PRACTICE,  AGE,  DISABILITY,  SEXUAL  ORIEN-
 TATION  OF  A  PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS
 CORRECT, OR GENDER IDENTITY OR EXPRESSION, 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,
 RELIGION,  RELIGIOUS  PRACTICE, AGE, DISABILITY, SEXUAL ORIENTATION OF A
 PERSON, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION  IS  CORRECT,  OR
 GENDER  IDENTITY  OR  EXPRESSION, the county within which the arrest was
 made and the accusatory instrument filed, the disposition of the accusa-
 tory instrument filed, including, but not limited to, as  the  case  may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00071-01-1

 S. 70                               2
 
 be,  dismissal, acquittal, the offense to which the defendant pled guil-
 ty, the offense the defendant was convicted  of  after  trial,  and  the
 sentence  imposed.  DATA COLLECTED SHALL BE USED FOR RESEARCH OR STATIS-
 TICAL  PURPOSES  ONLY  AND SHALL NOT CONTAIN INFORMATION THAT MAY REVEAL
 THE IDENTITY OF ANY INDIVIDUAL. The division shall include  the  statis-
 tics  and  other  information  required  by this subdivision in [the] AN
 annual report submitted to the governor  [and  legislature  pursuant  to
 subdivision  twelve  of  this section], THE SPEAKER OF THE ASSEMBLY, THE
 TEMPORARY PRESIDENT OF THE SENATE,  THE  CHAIR  OF  THE  ASSEMBLY  CODES
 COMMITTEE, THE CHAIR OF THE SENATE CODES COMMITTEE, THE ATTORNEY GENERAL
 AND  THE  CHIEF  ADMINISTRATIVE  JUDGE  OF  THE OFFICE OF COURT ADMINIS-
 TRATION. 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 SUBDIVISION THIRTY-FIVE OF
 SECTION TWO HUNDRED NINETY-TWO OF THIS CHAPTER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S70A (ACTIVE) - Details

See Assembly Version of this Bill:: A2230
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S6066, A8070

2021-S70A (ACTIVE) - Summary

Enacts the "hate crimes analysis and review act", specifying the collection and reporting of certain demographic data regarding the victims and alleged perpetrators of hate crimes.

2021-S70A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S70A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "hate
crimes analysis and review act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that New York State collects and reports data on the sexual
orientation, gender identity and racial or ethnic identity of victims
and alleged perpetrators.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill is the title clause.

Section 2 amends subdivision 4-c of section 837 of the executive law,
which was previously amended by the hate crimes act of 2000. This estab-
lishes that it is the responsibility of the Chief Administrator of the

Courts and local law enforcement to maintain and publicly report data on
hate crimes in New York State. This legislation specifies that hate
crimes incidents that have been reported to all law enforcement entities
in our state should be included in all data reported by law enforcement
and peace officers throughout the state.  It provides for the collection
of demographic data of crime victims and those arrested for the commis-
sion of such a crime. Lastly, this section mandates that the report be
delivered to the NYS Attorney General and to committees in the Legisla-
ture, along with the other Legislative leaders and the Executive.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

When hate crimes take place in New York, there's often insufficient
information collected regarding the identities of those involved to
adequately understand who the victims are and who is being accused of
the crime. It is consequently more difficult for the state to provide
adequate victim support services and additional programming to decrease
the likelihood of hate crimes occurring. This bill would require data
collection of the gender identity, gender expression, sexual orien-
tation, race, ethnicity, color, religion, ancestry, age, disability, and
national origin of both alleged perpetrators and victims of hate crimes
from the division of criminal justice services. By collecting this
information, New York State can better ensure that the state is protect-
ing residents hate crimes laws intend to protect, with the goal of ulti-
mately ensuring we hold criminal offenders accountable while simultane-
ously advocating for balanced, restorative justice practices.

 
PRIOR LEGISLATIVE HISTORY:

S.6006-B of 2020 (Hoylman): Died on 3rd Reading

A.8070-B of 2020 (Reyes): Died in Investigations and Government Oper-
ations

A.8070-A of 2019-2020 (Reyes): Amended on 3rd reading

S.6006-A of 2019-2020 (Hoylman): Amended and Recommitted go Investi-
gations and Government Operations

S.6066-A of 2019 (Hoylman): Died in Finance Committee

A.8070-A of 2019 (Reyes): Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This legislation goes into effect 90 days after enactment.

2021-S70A (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S70A

Sponsored By

Archive: Last Bill Status Via A2230 - Signed by Governor

Jun 1, 2021 - Floor Vote

Floor Vote: Jun 1, 2021

Mar 1, 2021 - Finance Committee Vote

Finance Committee Vote: Mar 1, 2021

Bill Amendments

co-Sponsors

2021-S70 - Details

2021-S70 - Summary

2021-S70 - Sponsor Memo

2021-S70 - Bill Text download pdf

co-Sponsors

2021-S70A (ACTIVE) - Details

2021-S70A (ACTIVE) - Summary

2021-S70A (ACTIVE) - Sponsor Memo

2021-S70A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S70A

Share this bill

Sponsored By

Archive: Last Bill Status Via A2230 - Signed by Governor

Bill Amendments

co-Sponsors

2021-S70 - Details

2021-S70 - Summary

2021-S70 - Sponsor Memo

2021-S70 - Bill Text download pdf

co-Sponsors

2021-S70A (ACTIVE) - Details

2021-S70A (ACTIVE) - Summary

2021-S70A (ACTIVE) - Sponsor Memo

2021-S70A (ACTIVE) - Bill Text download pdf

Comments