S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    755
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, HOYLMAN, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law and the civil rights law, in  relation
   to harassment through electronic communication

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 840 of the executive law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP, MAINTAIN, AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES
 REGARDING CURRENT INTERNET TECHNOLOGY AND HOW  SUCH  TECHNOLOGY  MAY  BE
 USED  TO PERPETRATE HARASSMENT OR OTHER CRIMES. SUCH POLICIES AND PROCE-
 DURES SHALL MAKE PROVISIONS FOR THE EDUCATION AND TRAINING  OF  NEW  AND
 VETERAN POLICE OFFICERS; AND
   (B)  RECOMMEND  TO THE GOVERNOR, RULES AND REGULATIONS WITH RESPECT TO
 THE ESTABLISHMENT AND IMPLEMENTATION ON AN ONGOING BASIS OF  A  TRAINING
 PROGRAM  FOR  ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
 AND PROCEDURES ESTABLISHED PURSUANT  TO  THIS  SUBDIVISION,  ALONG  WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   § 2. Subdivision 2 of section 79-n of the civil rights law, as amended
 by chapter 93 of the laws of 2020, is amended to read as follows:
   2.  Any person who intentionally selects a person or property for harm
 or causes damage to the property of another or causes physical injury or
 death to another or summons a police officer or  peace  officer  without
 reason  to  suspect  a  violation  of  the penal law, any other criminal
 conduct, or an imminent threat to  a  person  or  property,  OR  COMMITS
 HARASSMENT  AS DEFINED IN SECTION 240.25 OF THE PENAL LAW in whole or in
 substantial part because of a belief or perception regarding  the  race,
 color,  national origin, ancestry, gender, religion, religious practice,
 age, disability or sexual orientation of a person, regardless of whether
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01952-01-1

 S. 755                              2
 
 the belief or perception is correct, shall be liable, in a civil  action
 or proceeding maintained by such individual or group of individuals, for
 injunctive  relief,  damages,  or any other appropriate relief in law or
 equity.  If  it shall appear to the satisfaction of the court or justice
 that the respondent has, in fact, violated this section,  an  injunction
 may  be  issued  by such court or justice, enjoining and restraining any
 further violation, without requiring proof that any person has, in fact,
 been injured or damaged thereby. For the purposes of this subdivision, a
 person lacks reason to suspect a violation of the penal law,  any  other
 criminal  conduct, or an imminent threat to a person or property where a
 reasonable person would not suspect such violation, conduct, or threat.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.