NY State Senate Bill 2019-S3909

Senate Bill S3909

Signed By Governor

2019-2020 Legislative Session

Relates to policies and procedures regarding hate crimes and establishes a hate crimes training program

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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
Nov 25, 2019	signed chap.552
Nov 19, 2019	delivered to governor
Jun 19, 2019	returned to senate passed assembly ordered to third reading rules cal.445 substituted for a3606a referred to ways and means delivered to assembly passed senate ordered to third reading cal.1686 committee discharged and committed to rules
Jun 14, 2019	print number 3909a
Jun 14, 2019	amend (t) and recommit to finance
Feb 21, 2019	referred to finance

Votes

- Jun 19, 2019 - Floor Vote
  S3909
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 19, 2019 - Rules Committee Vote
  S3909
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2019-S3909 - Details

Law Section:: Executive Law
Laws Affected:: Amd §§837-a & 840, add §214-g, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S8562

2019-S3909 - Summary

Relates to policies and procedures regarding hate crimes and establishes a hate crimes training program.

2019-S3909 - Sponsor Memo

                                
 
BILL NUMBER: S3909

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 Ito 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:

2018: S8562

 
FISCAL IMPACT ON THE STATE:

Minimal.

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

2019-S3909 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3909
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01298-01-9

 S. 3909                             2
 
 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
   (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.

co-Sponsors

2019-S3909A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§837-a & 840, add §214-g, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S8562

2019-S3909A (ACTIVE) - Summary

Relates to policies and procedures regarding hate crimes and establishes a hate crimes training program.

2019-S3909A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3909A               REVISED MEMO 6/15/2019

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that state and local law enforce-
ment agencies are properly trained in hate crime recognition.

 
SUMMARY OF PROVISIONS:

Directs the municipal police training council in consultation with the
Division of Human Rights and the Hate Crimes task force to develop,
maintain and disseminate policies and procedures regarding the recogni-
tion of and response to hate crimes. Additionally, the council shall
recommend to the Governor and the legislature rules and regulations with
respect to establishing training and retraining of police officers.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This version directs the municipal police training council to work with
DHR and the Hate crimes task force, rather than having DCJS take the
lead.

 
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
responding 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 appro-
priate and effective measures to ensure that all New Yorkers, regardless
of religion, race, or sexual preference, are afforded equal protection
under the law.

 
PRIOR LEGISLATIVE HISTORY:

2018: S8562 (Kaminsky) - Senate Finance
2018: A10023A (Rozic) - Governmental Operations

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal

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

2019-S3909A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3909--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the executive law, in relation to policies and proce-
   dures regarding hate crimes and establishing a  hate  crimes  training
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE  DIVI-
 SION  OF HUMAN RIGHTS AND THE HATE CRIME TASK FORCE ESTABLISHED PURSUANT
 TO SECTION TWO HUNDRED SIXTEEN OF THIS  CHAPTER,  WRITTEN  POLICIES  AND
 PROCEDURES  REGARDING THE RECOGNITION OF AND RESPONSE TO HATE CRIMES, AS
 DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE PENAL LAW. SUCH POLI-
 CIES AND PROCEDURES SHALL MAKE PROVISIONS FOR THE EDUCATION AND TRAINING
 OF NEW AND VETERAN POLICE OFFICERS ON THE RECOGNITION OF AND RESPONSE TO
 HATE CRIMES; AND
   (B) RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS WITH  RESPECT  TO
 THE  ESTABLISHMENT  AND IMPLEMENTATION ON AN ONGOING 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 PERIODIC RETRAINING OF POLICE OFFICERS. SUCH  RECOM-
 MENDED  RULES  AND RECOMMENDATIONS SHALL ALSO BE SUBMITTED TO THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
   § 2. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01298-03-9

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