Senate Bill S3999

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3999
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, the executive law and  the  civil  rights
   law, in relation to enacting the "New York accountability in reporting
   act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York accountability in reporting act".
   §  2.  The  penal law is amended by adding two new sections 175.50 and
 175.55 to read as follows:
 § 175.50 OFFERING A FALSE REPORT FOR FILING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF OFFERING A FALSE REPORT FOR FILING IN THE SECOND
 DEGREE WHEN, HAVING PREVIOUSLY BEEN DISCIPLINED BY  THEIR  EMPLOYER  FOR
 FILING  A  FALSE  REPORT,  AND  KNOWING THAT A WRITTEN REPORT CONTAINS A
 FALSE STATEMENT OR INFORMATION ABOUT ANOTHER  PERSON,  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 SUCH OTHER PERSON, THE PERSON
 OFFERS OR PRESENTS SUCH REPORT TO THEIR EMPLOYER WITH THE  KNOWLEDGE  OR
 BELIEF  THAT  IT WILL BE FILED WITH, REGISTERED OR RECORDED IN OR OTHER-
 WISE BECOME A PART OF THE RECORDS OF SUCH EMPLOYER.  FOR THE PURPOSES OF
 THIS SECTION, "PERSON" MEANS AN INDIVIDUAL  EMPLOYED  BY  ANY  STATE  OR
 MUNICIPAL OFFICE, AGENCY OR DEPARTMENT.
   OFFERING  A  FALSE REPORT FOR FILING IN THE SECOND DEGREE IS A CLASS A
 MISDEMEANOR.
 § 175.55 OFFERING A FALSE REPORT FOR FILING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF OFFERING A FALSE REPORT FOR FILING IN THE  FIRST
 DEGREE  WHEN HAVING PREVIOUSLY BEEN CONVICTED OF OFFERING A FALSE REPORT
 FOR FILING IN THE SECOND DEGREE AND HAVING  PREVIOUSLY  BEEN  PLACED  ON
 UNPAID  LEAVE  BY  THEIR  EMPLOYER FOR FILING A LATER FALSE REPORT, SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07118-01-5
              

 S. 3999                             2
 
 PERSON, KNOWING THAT A WRITTEN REPORT  CONTAINS  A  FALSE  STATEMENT  OR
 INFORMATION  ABOUT  ANOTHER  PERSON,  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 SUCH OTHER  PERSON,  OFFERS  OR  PRESENTS  SUCH
 REPORT  TO  THEIR  EMPLOYER WITH THE KNOWLEDGE OR BELIEF THAT IT WILL BE
 FILED WITH, REGISTERED OR RECORDED IN OR OTHERWISE BECOME A PART OF  THE
 RECORDS  OF  SUCH EMPLOYER.   FOR THE PURPOSES OF THIS SECTION, "PERSON"
 MEANS AN INDIVIDUAL EMPLOYED BY ANY STATE OR MUNICIPAL OFFICE, AGENCY OR
 DEPARTMENT.
   OFFERING A FALSE REPORT FOR FILING IN THE FIRST DEGREE IS  A  CLASS  E
 FELONY.
   §  3.  The executive law is amended by adding a new section 76 to read
 as follows:
   § 76. FALSE REPORTING DATABASE. THE ATTORNEY GENERAL SHALL ESTABLISH A
 PUBLIC, SEARCHABLE DATABASE OF ALL CONVICTIONS  UNDER    SECTION  175.50
 (OFFERING  A  FALSE  REPORT  FOR  FILING  IN THE SECOND DEGREE), SECTION
 175.55 (OFFERING  A  FALSE  REPORT  FOR  FILING  IN  THE SECOND DEGREE),
 SECTION   240.50  (FALSELY  REPORTING  AN INCIDENT IN THE THIRD DEGREE),
 SECTION 240.55 (FALSELY REPORTING AN  INCIDENT  IN  THE SECOND  DEGREE),
 AND  SECTION  240.60 (FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE)
 OF THE PENAL LAW WHERE  A PERSON  COMMITTED  THE OFFENSE  IN   WHOLE  OR
 IN  SUBSTANTIAL  PART  BECAUSE  OF  A BELIEF OR PERCEPTION REGARDING THE
 RACE,  COLOR,  NATIONAL  ORIGIN,  ANCESTRY, GENDER, GENDER  IDENTITY  OR
 EXPRESSION,  RELIGION,  RELIGIOUS  PRACTICE,  AGE,  DISABILITY OR SEXUAL
 ORIENTATION OF A  PERSON,  REGARDLESS  OF  WHETHER THE BELIEF OR PERCEP-
 TION IS CORRECT.
   § 4. Subdivision 2 of section 79-n of the civil rights law, as amended
 by chapter 213 of the laws of 2022, 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 subjects a person to conduct that would constitute
 harassment under section 240.25 of the penal law, OR SUBJECTS  A  PERSON
 TO CONDUCT THAT RESULTS IN A CONVICTION UNDER SECTION 175.50 (OFFERING A
 FALSE  REPORT FOR FILING IN THE SECOND DEGREE), SECTION 175.55 (OFFERING
 A FALSE REPORT FOR FILING IN    THE    SECOND  DEGREE),  SECTION  240.50
 (FALSELY  REPORTING  AN  INCIDENT  IN  THE THIRD DEGREE), SECTION 240.55
 (FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE), AND SECTION 240.60
 (FALSELY REPORTING AN INCIDENT IN THE FIRST DEGREE) 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 sexu-
 al orientation of a person, regardless of whether the belief or  percep-
 tion  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
 S. 3999                             3
 
 imminent threat to a person or property where a reasonable person  would
 not suspect such violation, conduct, or threat.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.