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Senate Bill S7112

2021-2022 Legislative Session

Relates to diversity awareness training for individuals convicted of hate crimes and similar offenses

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S7112 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §485.10, add §60.38, Pen L

2021-S7112 (ACTIVE) - Summary

Requires diversity awareness training for individuals convicted of hate crimes and similar offenses which are based on a belief or perception regarding the victim's race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation.

2021-S7112 (ACTIVE) - Sponsor Memo

2021-S7112 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7112
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to requiring diversity aware-
   ness  training  for  individuals  convicted of hate crimes and similar
   offenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 5 of section 485.10 of the penal law, as added
 by chapter 158 of the laws of 2010, is amended to read as follows:
   5. In addition to any of the dispositions authorized by this  chapter,
 the  court  [may]  SHALL  require as part of the sentence imposed upon a
 person convicted of a hate crime pursuant  to  this  article,  that  the
 defendant  complete  a  program,  training session or counseling session
 directed at hate crime prevention and education AND DIVERSITY AWARENESS,
 [where the court determines such program, training session or counseling
 session is appropriate, available and was] developed  or  authorized  by
 the  court  or  local agencies in cooperation with organizations serving
 the affected community.
   § 2. The penal law is amended by adding a new section 60.38 to read as
 follows:
 § 60.38 AUTHORIZED DISPOSITION; DIVERSITY AWARENESS TRAINING.
   WHEN A PERSON HAS BEEN  CONVICTED  OF  AGGRAVATED  HARASSMENT  IN  THE
 SECOND  DEGREE  UNDER SUBDIVISION THREE OF SECTION 240.30, OR AGGRAVATED
 HARASSMENT IN THE FIRST DEGREE AS DEFINED IN  SECTION  240.31,  OF  THIS
 CHAPTER  THE  COURT SHALL REQUIRE THAT SUCH PERSON COMPLETE A PROGRAM OF
 DIVERSITY AWARENESS TRAINING AS SET FORTH  IN  SECTION  485.10  OF  THIS
 CHAPTER  PRIOR  TO  RELEASE  FROM  INCARCERATION,  OR  THE COMPLETION OF
 PROBATION OR PAROLE, AS APPLICABLE.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11726-01-1

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