The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9465
 
                             I N  S E N A T E
 
                               May 30, 2022
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to establishing the  task
   force  on social media and violent extremism; to amend part R of chap-
   ter 55 of the laws of 2020, amending the penal law  and  the  criminal
   procedure  law  relating  to  enacting  the "Josef Neumann Hate Crimes
   Domestic Terrorism Act", in relation to the  domestic  terrorism  task
   force  report; and to amend the civil rights law, in relation to bias-
   related violence or intimidation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new section 70-c
 to read as follows:
   § 70-C. TASK FORCE ON SOCIAL MEDIA AND VIOLENT EXTREMISM. 1.    ESTAB-
 LISHMENT  AND ORGANIZATION. (A) THERE IS HEREBY ESTABLISHED A TASK FORCE
 ON SOCIAL MEDIA AND VIOLENT EXTREMISM WITHIN THE DEPARTMENT OF LAW.
   (B) THE ATTORNEY GENERAL MAY  APPOINT  OR  ASSIGN  A  DEPUTY  ATTORNEY
 GENERAL AND/OR ONE OR MORE ASSISTANTS TO SERVE ON THE TASK FORCE.
   (C)  THE MISSION OF THE TASK FORCE ON SOCIAL MEDIA AND VIOLENT EXTREM-
 ISM SHALL BE TO STUDY, INVESTIGATE, AND MAKE RECOMMENDATIONS RELATING TO
 THE USE, OPERATIONS, POLICIES, PROGRAMS, AND PRACTICES OF ONLINE  SOCIAL
 MEDIA  COMPANIES  AND ANY ROLE THEY MAY HAVE IN PROMOTING, FACILITATING,
 AND PROVIDING PLATFORMS FOR INDIVIDUALS AND GROUPS TO PLAN  AND  PROMOTE
 ACTS  OF  VIOLENCE,  INCLUDING BUT NOT LIMITED TO, THE USE OF SUCH PLAT-
 FORMS TO:  INITIATE THREATS AGAINST PUBLIC SAFETY OR AGAINST A  SPECIFIC
 GROUP  OF  INDIVIDUALS BASED ON AN ACTUAL OR PERCEIVED CLASSIFICATION OR
 CHARACTERISTIC; COMMUNICATE OR PLAN FOR CRIMINAL ACTIVITY, INCLUDING BUT
 NOT LIMITED TO, HATE CRIMES, ACTS OF  DOMESTIC  TERRORISM,  OR  ACTS  OF
 DOMESTIC  TERRORISM MOTIVATED BY HATE; SPREAD EXTREMIST CONTENT; AND AID
 IN THE RADICALIZATION  AND  MOBILIZATION  OF  EXTREMIST  INDIVIDUALS  OR
 GROUPS.
   2.  FUNCTIONS  AND  DUTIES.  SUBJECT  TO APPROPRIATIONS MADE AVAILABLE
 THEREFOR, THE TASK FORCE SHALL HAVE THE FOLLOWING DUTIES  AND  RESPONSI-
 BILITIES:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15945-04-2
 S. 9465                             2
 
   (A) TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE, OR UPON ITS
 OWN  INITIATIVE,  ALLEGATIONS INVOLVING THE USE AND ROLE OF SOCIAL MEDIA
 PLATFORMS IN BROADCASTING, STREAMING, PROMOTING, OR OTHERWISE FACILITAT-
 ING ACTS OF VIOLENCE AS DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION ONE OF
 THIS SECTION;
   (B)  TO  DETERMINE,  WITH  RESPECT TO SUCH ALLEGATIONS, WHETHER SOCIAL
 MEDIA COMPANIES MAY BE CIVILLY OR CRIMINALLY LIABLE FOR  THEIR  ROLE  IN
 PROMOTING,  FACILITATING,  OR  PROVIDING  A PLATFORM FOR INDIVIDUALS AND
 GROUPS TO PLAN AND PROMOTE ACTS OF VIOLENCE AS  DESCRIBED  IN  PARAGRAPH
 (C) OF SUBDIVISION ONE OF THIS SECTION, OR WHETHER FURTHER INVESTIGATION
 BY THE DEPARTMENT OF LAW IS WARRANTED OR WHETHER A REFERRAL TO AN APPRO-
 PRIATE  FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENCY IS NECESSARY, AND
 TO ASSIST IN SUCH INVESTIGATIONS, IF REQUESTED BY A FEDERAL,  STATE,  OR
 LOCAL LAW ENFORCEMENT AGENCY;
   (C)  TO PREPARE AND MAKE PUBLIC REPORTS REGARDING THE WORK OF THE TASK
 FORCE, PROVIDED, HOWEVER THAT SUCH REPORTS SHALL NOT  INCLUDE  CONFIDEN-
 TIAL  OR OTHER PROTECTED INFORMATION OR ANY INFORMATION THAT PERTAINS TO
 OR MAY INTERFERE WITH ONGOING OR FUTURE INVESTIGATIONS;
   (D) TO REVIEW AND EXAMINE PERIODICALLY THE USE, OPERATIONS,  POLICIES,
 PROGRAMS,  AND PRACTICES OF SOCIAL MEDIA COMPANIES AND ANY ROLE THEY MAY
 HAVE IN PROMOTING, FACILITATING, AND PROVIDING PLATFORMS FOR INDIVIDUALS
 AND GROUPS TO PLAN AND PROMOTE ACTS OF VIOLENCE AS  DESCRIBED  IN  PARA-
 GRAPH (C) OF SUBDIVISION ONE OF THIS SECTION;
   (E) TO COOPERATE WITH AND ASSIST THE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY  SERVICES  OR ANY OTHER STATE OR LOCAL AGENCY AS MAY BE APPRO-
 PRIATE IN THEIR EFFORTS TO COUNTER ACTS  OF  VIOLENCE  AS  DESCRIBED  IN
 PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION;
   (F)  TO  REVIEW  THE FINAL REPORT OF THE DOMESTIC TERRORISM TASK FORCE
 ESTABLISHED PURSUANT TO SECTION SIX OF PART R OF CHAPTER  FIFTY-FIVE  OF
 THE  LAWS  OF  TWO  THOUSAND TWENTY, SETTING FORTH THE FINDINGS, CONCLU-
 SIONS, RECOMMENDATIONS, AND ACTIVITIES OF THE TASK FORCE, TO EXAMINE AND
 EVALUATE HOW TO PREVENT MASS SHOOTINGS BY  DOMESTIC  TERRORISTS  IN  NEW
 YORK STATE IN FURTHERANCE OF THE GOALS OF THE TASK FORCE ON SOCIAL MEDIA
 AND VIOLENT EXTREMISM;
   (G)  TO  RECOMMEND  REMEDIAL ACTION TO PREVENT THE USE OF SOCIAL MEDIA
 PLATFORMS BY INDIVIDUALS AND GROUPS TO PLAN AND PROMOTE ACTS OF VIOLENCE
 AS DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION;
   (H) ON AN ANNUAL BASIS,   TO SUBMIT TO  THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
 ER  OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, NO LATER THAN
 DECEMBER THIRTY-FIRST, A REPORT SUMMARIZING THE ACTIVITIES OF  THE  TASK
 FORCE  AND  RECOMMENDING  SPECIFIC  CHANGES  TO STATE LAW TO FURTHER THE
 MISSION OF THE TASK FORCE ON SOCIAL MEDIA AND VIOLENT EXTREMISM; AND
   (I) TO PERFORM ANY OTHER FUNCTIONS AND DUTIES THAT  ARE  NECESSARY  OR
 APPROPRIATE  TO  FULFILL  THE  DUTIES  AND  RESPONSIBILITIES OF THE TASK
 FORCE.
   3. POWERS. IN EXECUTING ITS  DUTIES  UNDER  SUBDIVISION  TWO  OF  THIS
 SECTION, THE TASK FORCE SHALL HAVE THE POWER TO:
   (A) SUBPOENA AND ENFORCE THE ATTENDANCE OF WITNESSES;
   (B) ADMINISTER OATHS OR AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH;
   (C)  REQUEST  AND  RECEIVE  FROM THE DIVISION OF HOMELAND SECURITY AND
 EMERGENCY SERVICES, THE DIVISION OF STATE POLICE, THE DIVISION OF CRIMI-
 NAL JUSTICE  SERVICES,  AND  FROM  EVERY  DEPARTMENT,  DIVISION,  BOARD,
 BUREAU,  COMMISSION  OR  OTHER  AGENCY OF THE STATE, OR OF ANY POLITICAL
 SUBDIVISION THEREOF, COOPERATION AND ASSISTANCE IN  THE  PERFORMANCE  OF
 ITS DUTIES;
 S. 9465                             3

   (D) PROVIDE TECHNICAL AND OTHER ASSISTANCE TO ANY DISTRICT ATTORNEY OR
 OTHER  LOCAL  LAW ENFORCEMENT OFFICIAL REQUESTING SUCH ASSISTANCE IN THE
 INVESTIGATION OR PROSECUTION OF CASES INVOLVING THE ROLE OF SOCIAL MEDIA
 PLATFORMS IN BROADCASTING, STREAMING, PROMOTING, OR OTHERWISE FACILITAT-
 ING ACTS OF VIOLENCE AS DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION ONE OF
 THIS SECTION; AND
   (E)  CONDUCT  HEARINGS  AT  ANY PLACE WITHIN THE STATE AND REQUIRE THE
 PRODUCTION OF ANY BOOKS, RECORDS, DOCUMENTS OR OTHER EVIDENCE HE OR  SHE
 MAY DEEM RELEVANT OR MATERIAL TO AN INVESTIGATION.
   §  2. Subdivision (f) of section 6 of part R of chapter 55 of the laws
 of 2020, amending the penal law and the criminal procedure law  relating
 to  enacting  the "Josef Neumann Hate Crimes Domestic Terrorism Act", is
 amended to read as follows:
   (f) The task force shall provide a preliminary report to the governor,
 THE ATTORNEY GENERAL, and the legislature of its findings,  conclusions,
 recommendations and activities already undertaken by the task force, not
 later  than  thirteen months after the effective date of this act, and a
 final report of its findings, conclusions,  recommendations  and  activ-
 ities  already  undertaken  by the task force, not later than twenty-two
 months after the effective date of this act and shall  submit  with  its
 reports  legislative  proposals  as  it deems necessary to implement its
 recommendations.
   § 3. Section 79-n of the civil rights law, as added by chapter 227  of
 the  laws of 2010, subdivision 2 as amended by chapter 93 of the laws of
 2020, is amended to read as follows:
   § 79-n. Bias-related violence or intimidation; civil  remedy.  1.  The
 following definitions are applicable to this section:
   (a)  The  term "disability" means a physical or mental impairment that
 substantially limits a major life activity.
   (b) The term "age" means sixty years of age or more.
   (c) The term "sexual orientation" means a person's actual or perceived
 homosexuality, heterosexuality, or bisexuality.
   (d) The term "gender" means a person's actual  or  perceived  sex  and
 shall include a person's gender identity or expression.
   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 SUBJECTS A PERSON TO CONDUCT THAT WOULD  CONSTITUTE
 HARASSMENT  UNDER  SECTION  240.25 OF THE PENAL LAW, 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,  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 the belief or perception  is  correct,  OR
 ANY  PERSON  WHO AIDS OR INCITES ANY SUCH CONDUCT, 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.
 S. 9465                             4
 
   3.  [Whenever]  IN ADDITION TO THE REMEDIES IN SUBDIVISION TWO OF THIS
 SECTION, WHENEVER there shall be a violation  of  this  section  BY  ANY
 PERSON  OR  BY  ANY  FIRM,  PARTNERSHIP, ASSOCIATION, OR CORPORATION, an
 application may be made by the attorney  general  in  the  name  of  the
 people  of  the state of New York to a court or justice having jurisdic-
 tion for an injunction to enjoin and restrain the  continuance  of  such
 activity, AND TO SEEK DAMAGES, OR ANY OTHER APPROPRIATE RELIEF IN LAW OR
 EQUITY. In connection with any such application, the attorney general is
 authorized  to  take proof and determine the relevant facts and to issue
 subpoenas in accordance with the civil practice law and rules.
   4. In any such action or proceeding, the court, in its discretion, may
 allow the party commencing such action  or  proceeding,  if  such  party
 prevails, reasonable attorneys' fees as part of the costs.
   5.  IN ADDITION TO THE REMEDIES PROVIDED IN SUBDIVISIONS TWO AND THREE
 OF THIS SECTION, A COURT MAY ADDITIONALLY IMPOSE A CIVIL PENALTY OF  NOT
 MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION OF THIS SECTION.
   §  4.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect January 1, 2023.