NY State Senate Bill 2017-S8562

Archive: Last Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to finance

2017-S8562 (ACTIVE) - Details

See Assembly Version of this Bill:: A10023
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§837-a & 840, add §214-g, Exec L
Versions Introduced in 2019-2020 Legislative Session:: S3909, A2970, A3606

2017-S8562 (ACTIVE) - Summary

Relates to establishing a hate crimes prevention training program; directs the division of criminal justice services to develop a training program and associated training materials, to provide instruction and information to state and local law enforcement on the recognition of and response to hate crimes.

2017-S8562 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8562

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the executive law, in relation to
establishing a hate crimes prevention training program

 
PURPOSE:

To ensure state and local law enforcement agencies are properly trained
in hate crime recognition.

 
SUMMARY OF PROVISIONS:

Section I of the bill amends the executive law by adding new subdivision
10 instructing the municipal police training council and superintendent
of state police to develop and create a training program for state and
local law enforcement on the recognition of and response to hate crimes.
The training program will include an initial training and a refresher
training every two years. The training can be developed and implemented
in consultation with civil rights and antidiscrimination organizations.
Local agencies with existing training programs may submit such programs

to the police training council for review and approval.

Section II of the bill amends the executive law by adding new subdivi-
sion 5 which shall call for the council and super intendant to develop
policies and a training program in accordance with Section I to educate
both new and veteran police officers every two years on the recognition
and response to hate crimes. The council shall recommend to the governor
and legislature rules and regulations regarding the training program on
an ongoing basis.

Section III of the bill amends the executive law by adding new section
214-f instructing the municipal police training council and superinten-
dent of state police to develop and create a training program for state
and local law enforcement on the recognition of and response to hate
crimes. The training program will include an initial training and a
refresher training every two years. The council shall recommend to the
governor and legislature rules and regulations regarding the training
program on an ongoing basis.

Section IV sets forth the effective date.

 
JUSTIFICATION:

Though New York State law provides strong protections from hate crimes,
anti-Semitism and other crimes based on religion, race, and sexual pref-
erence are rising at a disconcerting pace. These hate crimes have no
place in New York and no community should be subjected to hateful rheto-
ric.

More than ever, law enforcement agencies on the front lines of respond-
ing to the wave of hate crimes should be supported and engaged in
efforts to protect all New Yorkers. To ensure protection from these acts
of violence, officials should be given the proper training on how to
recognize and respond to discriminatory practices. Training for all
state and local law enforcement agencies would serve to aid our first
responders and discourage future hate crimes by creating more account-
ability.

According to the recent Anti-Defamation League (ADL) audit, in 2017
there have been 1,267 incidents nationwide, 380 in New York alone.  This
is a 57% rise from 2016 nationally and a 90% increase on the state
level.

Passage of this bill would signal that New York is taking appropriate
and effective measures to ensure that all New Yorkers, regardless of
religion, race, or sexual preference, are afforded equal protection
under the law.

 
LEGISLATIVE HISTORY:

This is a new bill in the Senate.

 
FISCAL IMPACT ON THE STATE:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become
law.

2017-S8562 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8562
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to  establishing  a  hate
   crimes prevention training program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 837-a of the executive law is amended by  adding  a
 new subdivision 10 to read as follows:
   10.  (A)  IN  CONSULTATION  WITH  CIVIL  RIGHTS OR ANTI-DISCRIMINATION
 ORGANIZATIONS, THE MUNICIPAL POLICE TRAINING COUNCIL AND THE SUPERINTEN-
 DENT OF STATE POLICE, DEVELOP A TRAINING PROGRAM AND ASSOCIATED TRAINING
 MATERIALS, TO PROVIDE INSTRUCTION AND INFORMATION TO STATE AND LOCAL LAW
 ENFORCEMENT ON THE RECOGNITION  OF  AND  RESPONSE  TO  HATE  CRIMES,  AS
 DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW. THE TRAIN-
 ING  PROGRAM  AND  ASSOCIATED TRAINING MATERIALS SHALL INCLUDE ANY OTHER
 INFORMATION DEEMED NECESSARY AND APPROPRIATE BY THE COMMISSIONER.
   (B) SUCH TRAINING PROGRAM SHALL INCLUDE AN INITIAL TRAINING PROGRAM AS
 WELL AS A REFRESHER TRAINING PROGRAM EVERY TWO YEARS.
   (C) THE DIVISION MAY CONTRACT WITH CIVIL RIGHTS OR ANTI-DISCRIMINATION
 ORGANIZATIONS IN ORDER TO DEVELOP AND IMPLEMENT SUCH TRAINING PROGRAM.
   (D) THE DIVISION SHALL DEVELOP A PROCESS TO  REVIEW  AND  APPROVE  ANY
 EXISTING  TRAINING PROGRAM ADMINISTERED BY A STATE OR LOCAL LAW ENFORCE-
 MENT AGENCY PROVIDED SUCH PROGRAM MEETS THE REQUIREMENTS OF THIS  SUBDI-
 VISION.
   §  2.  Section  840  of  the  executive law is amended by adding a new
 subdivision 6 to read as follows:
   6. THE COUNCIL SHALL, IN ADDITION:
   (A) DEVELOP POLICIES AND PROCEDURES TO IMPLEMENT, IN CONSULTATION WITH
 THE COMMISSIONER, THE TRAINING PROGRAM ESTABLISHED PURSUANT TO  SUBDIVI-
 SION  TEN  OF  SECTION  EIGHT  HUNDRED  THIRTY-SEVEN-A  OF THIS ARTICLE,
 REGARDING THE RECOGNITION OF AND RESPONSE TO HATE CRIMES. SUCH  POLICIES
 AND  PROCEDURES  SHALL MAKE PROVISIONS FOR THE EDUCATION AND TRAINING OF
 NEW AND VETERAN POLICE OFFICERS EVERY TWO YEARS ON  THE  RECOGNITION  OF
 AND RESPONSE TO HATE CRIMES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14732-04-8

 S. 8562                             2
 
   (B)  RECOMMEND  TO  THE  GOVERNOR AND THE LEGISLATURE, RULES AND REGU-
 LATIONS WITH RESPECT TO THE ESTABLISHMENT AND IMPLEMENTATION ON AN ONGO-
 ING BASIS OF A TRAINING PROGRAM FOR ALL CURRENT AND NEW POLICE  OFFICERS
 REGARDING  THE  POLICIES  AND  PROCEDURES  ESTABLISHED  PURSUANT TO THIS
 SUBDIVISION,  ALONG  WITH RECOMMENDATIONS FOR RETRAINING OF POLICE OFFI-
 CERS EVERY TWO YEARS.
   § 3. The executive law is amended by adding a  new  section  214-g  to
 read as follows:
   §  214-G.  HATE CRIMES PREVENTION TRAINING PROGRAM. THE SUPERINTENDENT
 SHALL, FOR ALL MEMBERS OF THE STATE POLICE:
   1. DEVELOP POLICIES AND PROCEDURES TO IMPLEMENT, IN CONSULTATION  WITH
 THE  COMMISSIONER  OF  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES, THE
 TRAINING PROGRAM ESTABLISHED PURSUANT  TO  SUBDIVISION  TEN  OF  SECTION
 EIGHT  HUNDRED THIRTY-SEVEN-A OF THIS CHAPTER, REGARDING THE RECOGNITION
 OF AND RESPONSE TO HATE CRIMES. SUCH POLICIES AND PROCEDURES SHALL  MAKE
 PROVISIONS  FOR  THE  EDUCATION  AND  TRAINING OF NEW AND VETERAN POLICE
 OFFICERS EVERY TWO YEARS ON THE RECOGNITION  OF  AND  RESPONSE  TO  HATE
 CRIMES; AND
   2.  RECOMMEND  TO  THE  GOVERNOR  AND THE LEGISLATURE, RULES AND REGU-
 LATIONS WITH RESPECT TO THE ESTABLISHMENT AND IMPLEMENTATION ON AN ONGO-
 ING BASIS OF A TRAINING PROGRAM FOR ALL CURRENT AND NEW POLICE  OFFICERS
 REGARDING  THE  POLICIES  AND  PROCEDURES  ESTABLISHED  PURSUANT TO THIS
 SECTION, ALONG WITH RECOMMENDATIONS FOR RETRAINING  OF  POLICE  OFFICERS
 EVERY TWO YEARS.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S8562

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S8562 (ACTIVE) - Details

2017-S8562 (ACTIVE) - Summary

2017-S8562 (ACTIVE) - Sponsor Memo

2017-S8562 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8562

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Finance Committee

2017-S8562 (ACTIVE) - Details

2017-S8562 (ACTIVE) - Summary

2017-S8562 (ACTIVE) - Sponsor Memo

2017-S8562 (ACTIVE) - Bill Text download pdf

Comments