BILL NUMBER:S2089

TITLE OF BILL:
An act
to amend the civil rights law, in relation to requiring reporting of
unlawful acts which appear to be based on race, national origin,
religion or sexual orientation

SUMMARY:
This bill would amend the Civil Rights Law
by creating a new
section 40-h. It would require police agencies throughout the State
of New York to report "bias incidents" to the State Division of
Criminal Justice Services.

JUSTIFICATION:
Crimes motivated by hatred are
different from crimes
that are not. The painting of a swastika on a synagogue is different
from other types of criminal mischief; an assault against a man from
other types of criminal mischief. Hate crimes may inflame intergroup
tensions, may threaten community stability, and may undermine
efforts to promote tolerance and civil rights. For these reasons, New
York State should require police agencies across the State to record
and report bias incidents. The New York City Police Department has
been recording such incidents since creating its bias Incident
              

Investigation Unit in 1981. Maryland and Pennsylvania have recently
enacted similar legislation.

The legislation will serve two principal purposes. First, it will
enable New York State to monitor the levels of bias incidents--to see
whether certain types of hate crimes are on the rise or on the
decline, to see whether certain areas of the State are more or less
successful in combating acts of prejudice. Without such a reporting
system, political and civil rights leaders will not be able to rely
upon objective information about the levels of prejudice-motivated
violence. Second, by requiring police agencies to report and
catalogue bias incidents, the legislation will encourage police
departments across the state to recognize the unique qualities of
bias incidents and thereby to provide the appropriate law
enforcements and community response. Once a crime is identified as
having a bias component, then the police and community
organizations can develop a strategy based on this unique aspect--the
police departments can bring in community affairs officers, local
organizations can mobilize religious, ethnic or community groups,
etc.
Through the process of identification of the bias incident, the damage
caused by the crime can be ameliorated and contained. Accordingly,
the Mayor urges upon the Legislature the earliest possible favorable
consideration of this proposal.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law, with provisions.