NY State Senate Bill 2013-S1640

Senate Bill S1640

2013-2014 Legislative Session

Requires school districts and boards of cooperative educational services to immediately report bias related offenses to law enforcement agencies

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to education
Jan 09, 2013	referred to education

2013-S1640 (ACTIVE) - Details

See Assembly Version of this Bill:: A6132
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3214-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8199, A4191
2011-2012: S1176, A3713
2015-2016: S1727, A4472
2017-2018: S3649, A5278
2019-2020: S4781
2021-2022: S5076
2023-2024: S6367

2013-S1640 (ACTIVE) - Summary

Requires school districts and boards of cooperative educational services to immediately report bias related offenses to law enforcement agencies.

2013-S1640 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1640

TITLE  OF  BILL:    An  act to amend the education law, in relation to
requiring  school  district  and  board  of  cooperative   educational
services  officials to report bias related offenses to law enforcement
agencies

PURPOSE OR GENERAL IDEA OF BILL:  This bill would amend the  education
law  by  adding  a  new section - 3214a - to it. The act would require
school  districts  and  board  of  cooperative  educational   services
officials to report bias related offenses to law enforcement agencies.

SUMMARY  OF SPECIFIC PROVISIONS:  Paragraph 1 of this bill states that
upon the  receipt  of  a  complaint  alleging  a  bias  related  crime
committed on the property of a school district or board of cooperative
educational  services, a teacher, administrator, or any other employee
of such school district or board of cooperative  educational  services
shall  immediately  report the alleged commission of such bias related
offense to a law enforcement  agency  having  jurisdiction  over  such
offense.  The bill also mandates that each school district or board of
cooperative  educational  services  shall  cooperate  with   any   law
enforcement  agency  investigating  and  prosecuting  a  bias  related
offense.

Paragraph 2 defines a "bias related offense" as: any offense, which if
committed by an adult, would constitute a hate  crime  as  defined  in

subdivision one of section 485.05 of the penal law.

Paragraph  3  directs the commissioner to promulgate and distribute to
every school district and board of  cooperative  educational  services
such  rules  and  regulations  as  shall be necessary to implement the
provisions of this section and ensure compliance therewith.

JUSTIFICATION:  In the past, school districts and board of cooperative
educational    services    have    used    various-and    at     times
arbitrary-standards  and  methods  of  dealing with complaints of bias
related crimes. This legislation set up a standard process of  dealing
with  such  complaints.  The  bill  does  not  prevent the school from
investigating complaints of bias related crimes on its own and at  the
same  time  involves the appropriate application of law enforcement in
such an important and sensitive matter.

This legislation is another step in maintaining our state's commitment
to educating our children. The bill will help secure our  schools  and
assist  educators dealing with a very dangerous issue faced by schools
throughout New York State.

PRIOR LEGISLATIVE HISTORY:    2011-12:  S.1176/A.3713  -  Referred  to
Education  2009-10:  S.B199/A.4191  -  Referred  to  Rules/Referred to
Education 2007-08: A.4273 - Referred to Education 2005-06:  A.11659  -
Referred to Education

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:   This act shall take effect immediately, except that
subdivision 1 of section 3214-a of the  education  law,  as  added  by


section  one  of this act, shall take effect on the first of September
next succeeding date on which it shall have become a law.

2013-S1640 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1640

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education  law,  in  relation  to  requiring  school
  district  and  board  of cooperative educational services officials to
  report bias related offenses to law enforcement agencies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 3214-a
to read as follows:
  S  3214-A.  REPORTS  OF  BIAS-RELATED OFFENSES. 1. NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER TO THE CONTRARY, UPON RECEIPT  BY  A  TEACHER,
ADMINISTRATOR OR OTHER EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE  EDUCATIONAL SERVICES OF ANY REPORT OF THE ALLEGED COMMISSION OF A
BIAS RELATED OFFENSE COMMITTED UPON THE PROPERTY OF SUCH SCHOOL DISTRICT
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THE TEACHER, ADMINISTRATOR
OR OTHER EMPLOYEE SHALL IMMEDIATELY REPORT  THE  ALLEGED  COMMISSION  OF
SUCH  BIAS  RELATED OFFENSE TO A LAW ENFORCEMENT AGENCY HAVING JURISDIC-
TION OVER SUCH OFFENSE. EACH SCHOOL DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  SHALL  COOPERATE  WITH ANY LAW ENFORCEMENT AGENCY
INVESTIGATING AND PROSECUTING A BIAS RELATED OFFENSE.
  2. FOR THE PURPOSES OF THIS SECTION, "BIAS RELATED OFFENSE" SHALL MEAN
ANY OFFENSE, WHICH IF COMMITTED BY AN ADULT,  WOULD  CONSTITUTE  A  HATE
CRIME AS DEFINED IN SUBDIVISION ONE OF SECTION 485.05 OF THE PENAL LAW.
  3.  THE  COMMISSIONER  SHALL PROMULGATE AND DISTRIBUTE TO EVERY SCHOOL
DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES  SUCH  RULES  AND
REGULATIONS  AS  SHALL  BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION AND ENSURE COMPLIANCE THEREWITH.
  S 2. This act shall take effect immediately, except that subdivision 1
of section 3214-a of the education law, as added by section one of  this
act,  shall  take  effect  on the first of September next succeeding the
date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD02761-01-3

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