S T A T E O F N E W Y O R K
________________________________________________________________________
218
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the New York city charter and the executive law, in
relation to the creation of a bias-related crime classification review
panel and reporting of bias-related crime statistics
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The New York city charter is amended by adding two new
sections 439 and 439-a to read as follows:
S 439. BIAS-RELATED CRIME CLASSIFICATION REVIEW PANEL. (A) DEFI-
NITIONS. FOR THE PURPOSES OF THIS SECTION:
1. "PANEL" SHALL MEAN THE BIAS-RELATED CRIME CLASSIFICATION REVIEW
PANEL CREATED PURSUANT TO SUBDIVISION (B) OF THIS SECTION.
2. "VICTIM" SHALL MEAN A PERSON WHO HAD OR CLAIMS TO HAVE HAD A BIAS-
RELATED CRIME PERPETRATED AGAINST HIM.
3. "BIAS-RELATED CRIME" SHALL MEAN ANY CRIMINAL ACT WHETHER ACTUAL,
THREATENED OR ATTEMPTED DIRECTED AT AN INDIVIDUAL BECAUSE OF HIS ACTUAL
OR PERCEIVED RACE, CREED, COLOR, RELIGION, RELIGIOUS PRACTICE, ETHNICI-
TY, NATIONAL ORIGIN, DISABILITY, AGE, GENDER OR SEXUAL ORIENTATION.
4. "DEPARTMENTAL APPOINTMENTS" SHALL MEAN ANY INDIVIDUAL REPRESENTING
A LEGAL, POLITICAL OR GOVERNMENTAL ENTITY, OR SUBDIVISION THEREOF.
5. "NON-DEPARTMENTAL APPOINTMENTS" SHALL MEAN ANY INDIVIDUAL OR REPRE-
SENTATIVE INDEPENDENT OF A LEGAL, POLITICAL OR GOVERNMENTAL ENTITY, OR
SUBDIVISION THEREOF.
(B) BIAS-RELATED CRIME CLASSIFICATION REVIEW PANEL. 1. THERE IS HEREBY
CREATED A BIAS-RELATED CRIME CLASSIFICATION REVIEW PANEL. SUCH PANEL
SHALL CONSIST OF THIRTEEN VOTING MEMBERS. THE FOLLOWING EIGHT MEMBERS
SHALL BE APPOINTED BY THE MAYOR: THREE WHO SHALL BE NON-DEPARTMENTAL
APPOINTMENTS, WHO SHALL BE REPRESENTATIVE OF VARIOUS GROUPS WHO HAVE
BEEN TRADITIONALLY VICTIMIZED OR MAY BE VICTIMIZED BASED ON THEIR ACTUAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02820-01-9
S. 218 2
OR PERCEIVED AFFILIATION WITH OR ORIENTATION TO A PARTICULAR GROUP OR
CLASSIFICATION ENUMERATED IN, BUT NOT LIMITED TO THOSE GROUPS AND CLAS-
SIFICATIONS SPECIFIED IN PARAGRAPH THREE OF SUBDIVISION (A) OF THIS
SECTION. THE REMAINING FIVE APPOINTMENTS SHALL BE DEPARTMENTAL APPOINT-
MENTS: ONE WHO SHALL BE AN ATTORNEY ON THE STAFF OF A LEGAL AID SOCIETY
UPON THE NOMINATION OF THE LEGAL AID SOCIETY; ONE POLICE REPRESENTATIVE
UPON THE NOMINATION OF THE COMMISSIONER OF POLICE; ONE WHO SHALL BE AN
ATTORNEY ON THE STAFF OF A DISTRICT ATTORNEY'S OFFICE UPON THE JOINT
NOMINATION OF THE FIVE DISTRICT ATTORNEYS WITHIN NEW YORK CITY; ONE
SHALL BE THE CHAIRPERSON OF THE HUMAN RIGHTS COMMISSION OF THE CITY OF
NEW YORK OR HIS DESIGNEE AND ONE SHALL BE THE NEW YORK CITY CRIMINAL
JUSTICE COORDINATOR OR HIS DESIGNEE. OF THE FIVE DEPARTMENTAL APPOINT-
MENTS, TWO SHALL BE REPRESENTATIVE OF VARIOUS GROUPS WHO HAVE BEEN
TRADITIONALLY VICTIMIZED OR MAY BE VICTIMIZED BASED ON THEIR ACTUAL OR
PERCEIVED AFFILIATION WITH OR ORIENTATION TO A PARTICULAR GROUP OR CLAS-
SIFICATION ENUMERATED IN, BUT NOT LIMITED TO, THOSE GROUPS AND CLASSI-
FICATIONS SPECIFIED IN PARAGRAPH THREE OF SUBDIVISION (A) OF THIS
SECTION. THE FOLLOWING SHALL ALSO BE MEMBERS OF THE PANEL: THE CHAIR-
PERSON OF THE CRIME VICTIMS BOARD OR HIS DESIGNEE; THE COMMISSIONER OF
THE DIVISION OF CRIMINAL JUSTICE SERVICES OR HIS DESIGNEE AND THE NEW
YORK STATE COMMISSIONER OF HUMAN RIGHTS OR HIS DESIGNEE. THE TWO REMAIN-
ING MEMBERS OF THE PANEL SHALL BE NON-DEPARTMENTAL MEMBERS AND SHALL BE
APPOINTED BY A MAJORITY VOTE OF THE FIVE NEW YORK STATE AND NEW YORK
CITY MEMBERS OF THE PANEL AS FOLLOWS: THE CHAIRPERSON OF THE NEW YORK
STATE CRIME VICTIMS BOARD OR HIS DESIGNEE, THE COMMISSIONER OF THE NEW
YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES OR HIS DESIGNEE, THE
NEW YORK STATE COMMISSIONER OF THE DIVISION OF HUMAN RIGHTS OR HIS
DESIGNEE, THE CHAIRPERSON OF THE HUMAN RIGHTS COMMISSION OF THE CITY OF
NEW YORK OR HIS DESIGNEE AND THE NEW YORK CITY CRIMINAL JUSTICE COORDI-
NATOR OR HIS DESIGNEE. AT LEAST ONE OF THESE TWO MEMBERS SHALL BE AN
ACADEMICIAN WHOSE KNOWLEDGE, EXPERIENCE AND ACADEMIC DEGREE AND/OR
DEGREES FOCUS ON THE STUDY OF SOCIAL SCIENCES INCLUDING, BUT NOT LIMITED
TO, CRIMINAL JUSTICE, SOCIAL WORK, PSYCHOLOGY AND/OR POLITICAL SCIENCE.
IN ADDITION, ONE INVESTIGATOR AND SUPPORT STAFF FROM THE CRIME VICTIMS
BOARD SHALL REGULARLY ASSIST THE PANEL IN PERFORMING ITS FIELD WORK AND
GENERAL ADMINISTRATIVE TASKS. ALL MAILINGS, NOTICES AND SCHEDULING OF
MEETINGS SHALL BE THE RESPONSIBILITY OF THE BIAS-RELATED CRIME INVESTI-
GATOR, ASSISTED BY SUPPORT STAFF, AT THE DIRECTION OF THE CHAIRPERSON OF
THE BIAS-RELATED CRIME CLASSIFICATION REVIEW PANEL. ALL DUTIES ASSIGNED
TO THE INVESTIGATOR BY THE PANEL SHALL TAKE PRECEDENCE OVER ANY TASKS OR
DUTIES ASSIGNED BY THE CRIME VICTIMS BOARD. EVERY DEPARTMENT, BOARD,
BUREAU, COMMISSION (INCLUDING ANY PUBLIC BENEFIT CORPORATION) OR POLI-
TICAL SUBDIVISION OF THE CITY AND/OR STATE SHALL PROVIDE TO THE PANEL
EVERY ASSISTANCE AND COOPERATION, INCLUDING USE OF CITY AND/OR STATE
FACILITIES, WHICH MAY BE NECESSARY OR DESIRABLE FOR THE ACCOMPLISHMENT
OF THE DUTIES OR PURPOSES OF THIS PANEL.
2. WITH THE EXCEPTION OF THE FIRST TERM, THE TERM OF OFFICE FOR EACH
PANEL MEMBER SHALL BE THREE YEARS. AT THE TIME INITIAL APPOINTMENTS ARE
MADE, TWO APPOINTMENTS SHALL BE FOR A TERM OF ONE YEAR, THREE APPOINT-
MENTS SHALL BE FOR A TERM OF TWO YEARS AND THREE APPOINTMENTS SHALL BE
FOR A TERM OF THREE YEARS. VACANCIES SHALL BE FILLED FOR THE REMAINDER
OF THE TERM IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT. THE PANEL
SHALL BE CHAIRED BY ONE MEMBER ELECTED BY THE OTHER MEMBERS. A NEW
ELECTION SHALL BE HELD AT THE EXPIRATION OF THE TERM OF THE MEMBER WHO
IS CHAIRPERSON, REGARDLESS OF WHETHER THAT MEMBER IS APPOINTED TO SERVE
ANOTHER TERM. THE MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR
S. 218 3
SERVICES BUT SHALL BE ENTITLED TO THEIR ACTUAL EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR OFFICIAL DUTIES.
3. THE PANEL SHALL MEET AT THE REQUEST OF THE CHAIRPERSON, OR AT THE
REQUEST OF THE MAJORITY OF THE MEMBERS, BUT IN ANY EVENT, NOT LESS THAN
FOUR TIMES IN EACH FULL CALENDAR YEAR.
(C) POWERS AND DUTIES OF PANEL. 1. (I) THE PANEL SHALL IMPLEMENT AND
UTILIZE GUIDELINES FOR IDENTIFYING BIAS INCIDENTS. IN DEVELOPING THESE
GUIDELINES, THE PANEL MAY USE, BUT NOT BE LIMITED TO, THE NEW YORK CITY
POLICE DEPARTMENT'S GUIDELINES; (II) THE PANEL SHALL, UPON REQUEST OF A
VICTIM, THE FAMILY OF A VICTIM OR THE REPRESENTATIVE OF A VICTIM, REVIEW
CLASSIFICATION OF A CASE OR CASES DETERMINED TO BE NON-BIAS BY THE NEW
YORK CITY POLICE DEPARTMENT IN THOSE INSTANCES WHERE THE CRIME WAS
ORIGINALLY REPORTED AS BIAS; (III) THE PANEL SHALL RETURN TO THE NEW
YORK CITY POLICE DEPARTMENT FOR RECONSIDERATION ANY INCIDENT WHICH THE
PANEL RECLASSIFIES AS BIAS; (IV) THE PANEL SHALL SUBMIT TO THE POLICE
DEPARTMENT FOR ITS CONSIDERATION ANY ADDITIONAL INFORMATION THE PANEL
HAS GATHERED DURING THE COURSE OF ITS INVESTIGATION; AND (V) AFTER
INITIAL EVALUATION THE PANEL MAY DECLINE TO REVIEW ANY INCIDENT.
2. THE PANEL MAY REVIEW ANY CLASSIFICATION OF A CASE OR CASES DETER-
MINED TO BE NON-BIAS BY THE NEW YORK CITY POLICE DEPARTMENT AND RETURN
ANY INCIDENT TO THE POLICE DEPARTMENT FOR RECONSIDERATION PURSUANT TO
THE PROCEDURE DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION. ALL DETER-
MINATIONS OF THE PANEL SHALL BE FINAL AND NOT SUBJECT TO APPEAL.
3. THE PANEL MAY TAKE TESTIMONY, REVIEW DOCUMENTS AND OTHERWISE
CONSIDER ALL ELEMENTS WHICH IT DEEMS NECESSARY TO DETERMINE WHETHER AN
INCIDENT WAS PROPERLY CLASSIFIED AS NON-BIAS RELATED. UPON WRITTEN
REQUEST OF THE PANEL, THE NEW YORK CITY POLICE DEPARTMENT SHALL BE
REQUIRED TO SUBMIT, PROVIDE OR RELINQUISH ANY INFORMATION, MATERIALS,
DOCUMENTS OR, EVIDENCE THAT THE PANEL DEEMS NECESSARY FOR REVIEW IN
FURTHERANCE OF ITS INVESTIGATION. IN ADDITION, ANY INDIVIDUAL WHO MAY
HAVE KNOWLEDGE OF, OR INFORMATION REGARDING, ANY INCIDENT DEEMED PERTI-
NENT TO THE PANEL'S INVESTIGATION SHALL BE REQUIRED TO TESTIFY BEFORE
THE PANEL. A PROSECUTOR AND/OR THE NEW YORK CITY POLICE DEPARTMENT MAY
DELAY SUBMISSION, THROUGH WRITTEN NOTIFICATION TO THE CHAIRPERSON OF THE
PANEL, OF INFORMATION REQUESTED BY THE PANEL UNTIL COMPLETION OF THE
PROSECUTORIAL OR POLICE DEPARTMENT'S INVESTIGATION BUT UPON IMMEDIATE
COMPLETION OF SUCH INVESTIGATION, THE PANEL SHALL BE GRANTED ACCESS TO
ANY REQUESTED INFORMATION.
4. THE PANEL SHALL NOTIFY THE VICTIM, THE FAMILY OF A VICTIM OR THE
REPRESENTATIVE OF A VICTIM IN WRITING NO LESS THAN SEVEN DAYS PRIOR TO
THE DATE A HEARING IS TO BE HELD, OR, IF NO HEARING IS TO BE HELD, SEVEN
DAYS PRIOR TO THE DATE A DETERMINATION IS TO BE MADE (I) OF THE DATE,
TIME AND PLACE OF THE HEARING OR DETERMINATION AND (II) THAT THE VICTIM
HAS THE RIGHT TO SUBMIT INFORMATION RELATING TO THE INCIDENT FOR CONSID-
ERATION BY THE PANEL. IF THE VICTIM IS DECEASED OR OTHERWISE UNABLE TO
EXERCISE THIS RIGHT, THE FAMILY OR REPRESENTATIVE OF THE VICTIM MAY
SUBMIT INFORMATION RELATING TO THE INCIDENT FOR CONSIDERATION BY THE
PANEL.
5. THE PANEL SHALL NOTIFY THE VICTIM, THE FAMILY OF A VICTIM OR THE
REPRESENTATIVE OF A VICTIM OF ITS DETERMINATION IN WRITING. THIS
NOTIFICATION SHALL INCLUDE INFORMATION AS TO WHETHER THE DETERMINATION
OF NON-BIAS BY THE POLICE DEPARTMENT WAS CONFIRMED OR IF THE INCIDENT
WAS SENT BACK TO THE POLICE FOR RECONSIDERATION.
6. THE PANEL SHALL ESTABLISH RULES OF PROCEDURE WHICH MAY PROVIDE FOR
THE ESTABLISHMENT OF SUBPANELS OF AT LEAST THREE MEMBERS, INCLUDING AT
LEAST ONE NON-DEPARTMENTAL MEMBER, WHICH MAY ACT ON BEHALF OF THE PANEL.
S. 218 4
7. THE PANEL MAY ASSIST VICTIMS IN REPORTING BIAS-RELATED CRIME TO THE
POLICE.
8. THE PANEL MAY EXAMINE AND REVIEW POLICE DEPARTMENT BIAS-RELATED
CRIME CLASSIFICATION POLICIES AND PROCEDURES AND MAKE RECOMMENDATIONS AS
TO THOSE POLICIES AND PROCEDURES TO THE POLICE DEPARTMENT.
9. THE PANEL SHALL MAKE AN ONGOING DETERMINATION OF WHICH GROUPS OTHER
THAN THOSE ENUMERATED IN PARAGRAPH THREE OF SUBDIVISION (A) OF THIS
SECTION AND NOT TRADITIONALLY AFFORDED PROTECTED CLASS STATUS, SHOULD BE
AFFORDED THE PROTECTION PURSUANT TO THIS SECTION. THESE DETERMINATIONS
SHALL BE REPORTED TO THE NEW YORK CITY POLICE DEPARTMENT AND THE STATE
LEGISLATURE.
10. THE PANEL, ASSISTED BY THE CRISIS PREVENTION UNIT WITHIN THE DIVI-
SION OF HUMAN RIGHTS, SHALL PERFORM COMMUNITY OUTREACH TO FAMILIARIZE
THE COMMUNITY WITH THE NATURE OF BIAS-RELATED CRIME, THE FUNCTIONS OF
THE PANEL AND HOW THE PANEL CAN BE ACCESSED.
(D) PROCEDURES. 1. IN UNDERTAKING AN INVESTIGATION PURSUANT TO THIS
SECTION, THE PANEL SHALL NOT INTERFERE, OBSTRUCT OR OTHERWISE HINDER ANY
INVESTIGATIONS UNDERTAKEN BY THE DISTRICT ATTORNEY.
2. UPON WRITTEN REQUEST OF A PROSECUTOR, THE PANEL SHALL STAY ITS
INVESTIGATION UNTIL THE PROSECUTORIAL INVESTIGATION HAS BEEN COMPLETED.
THE BIAS-RELATED CRIME CLASSIFICATION REVIEW PANEL SHALL BE NOTIFIED, IN
WRITING, UPON COMPLETION OF THE PROSECUTORIAL INVESTIGATION AND MAY THEN
COMMENCE ITS OWN INVESTIGATION.
(E) REPORTS. THE PANEL SHALL ANNUALLY TRANSMIT A REPORT ON ITS ACTIV-
ITIES TO THE STATE LEGISLATURE, THE MAYOR OF THE CITY OF NEW YORK AND
THE DIVISION OF CRIMINAL JUSTICE SERVICES. SUCH REPORTS SHALL INCLUDE,
BUT NOT BE LIMITED TO: INFORMATION BY PRECINCT, SHOWING THE TOTAL NUMBER
OF BIAS-RELATED INCIDENTS, (DETERMINED TO BE NON-BIAS BY THE NEW YORK
CITY POLICE DEPARTMENT) REVIEWED BY THE PANEL, THE NUMBER OF INCIDENTS
RETURNED BY THE PANEL TO THE NEW YORK CITY POLICE DEPARTMENT FOR RECON-
SIDERATION AND THE NUMBER OF INCIDENTS RECLASSIFIED AS BIAS BY THE
POLICE DEPARTMENT AS A RESULT OF RECONSIDERATION.
S 439-A. REPORT OF CRIME STATISTICS. WHERE THE ULTIMATE FINDINGS OF
THE BIAS-RELATED CRIME CLASSIFICATION REVIEW PANEL AND THE POLICE
DEPARTMENT DIFFER AS TO WHETHER A CRIME IS BIAS-RELATED, A NOTATION OF
THIS DIFFERENCE SHALL ACCOMPANY ALL BIAS-RELATED CRIME STATISTICS
REPORTED BY THE POLICE DEPARTMENT. THE DIVISION OF CRIMINAL JUSTICE
SERVICES SHALL ALSO NOTE AND PUBLISH ANY SUCH DISCREPANCY THAT EXISTS
BETWEEN WHAT WAS REPORTED BY THE POLICE CLASSIFICATION UNIT AND THE
BIAS-RELATED CRIME CLASSIFICATION REVIEW PANEL.
S 2. Subdivision 2 of section 837-a of the executive law, as amended
by chapter 459 of the laws of 1975, is amended to read as follows:
2. Present to the governor, temporary president of the senate, minori-
ty leader of the senate, speaker of the assembly and the minority leader
of the assembly a quarterly report containing the statistics and other
information required by subdivision one [hereof. The initial report
required by this paragraph shall be for the period beginning September
first, nineteen hundred seventy-three and ending December thirty-first,
nineteen hundred seventy-three and shall be presented no later than
January fifteen, nineteen hundred seventy-four. Thereafter, each quar-
terly report shall be presented no later than thirty days after the
close of each quarter] OF THIS SECTION AND SHALL ALSO REPORT ALL STATIS-
TICS RECEIVED PURSUANT TO SECTION FOUR HUNDRED THIRTY-NINE-A OF THE NEW
YORK CITY CHARTER.
S 3. This act shall take effect on the first of May next succeeding
the date on which it shall have become a law.