NY State Senate Bill 2019-S4781A

Senate Bill S4781A

2019-2020 Legislative Session

Relates to requiring a principal, superintendent or a principal's or superintendent's designee to notify law enforcement if they believe a hate crime is occurring

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Feb 03, 2020	advanced to third reading
Jan 29, 2020	2nd report cal.
Jan 28, 2020	1st report cal.302
Jan 23, 2020	print number 4781a
Jan 23, 2020	amend (t) and recommit to education
Jan 08, 2020	referred to education
Mar 25, 2019	referred to education

Votes

- Jan 28, 2020 - Education Committee Vote
  S4781A
  
  13
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jan 28, 2020
      
      aye (13)
      
      Addabbo Jr.
      
      Brooks
      
      Jackson
      
      LaValle
      
      Lanza
      
      Little
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Robach
      
      Serrano
      
      Seward
      
      Stavisky
      
      aye wr (2)
      
      Liu
      
      Martinez

Bill Amendments

Original

A (Active)

2019-S4781 - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §13, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8199
2011-2012: S1176
2013-2014: S1640
2015-2016: S1727
2017-2018: S3649
2021-2022: S5076
2023-2024: S6367

2019-S4781 - Summary

Requires a principal, superintendent or a principal's or superintendent's designee to notify law enforcement if they believe a hate crime is occurring.

2019-S4781 - Sponsor Memo

                                
 
BILL NUMBER: S4781

SPONSOR: PARKER
 
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, admin-
istrator, 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 coop-
erate 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 legis-
lation is another step in maintaining our state's commitment to educat-
ing our children. The bill will help secure our schools and assist
educators dealing with a very dangerous issue faced by schools through-
out New York State.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.3649 - REFERRED TO EDUCATION
2015-16: S.1727/A.4472 - Referred to Education
2013-14: S.1640/A.6132 - Referred to Education
2011-12: S.1176/A.3713 - Referred to Education
2009-10: S.8199/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.

2019-S4781 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4781
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 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:
   §  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.
   § 2. This act shall take effect immediately, provided,  however,  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.

                                                            LBD07566-01-9

co-Sponsors

2019-S4781A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §13, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8199
2011-2012: S1176
2013-2014: S1640
2015-2016: S1727
2017-2018: S3649
2021-2022: S5076
2023-2024: S6367

2019-S4781A (ACTIVE) - Summary

Requires a principal, superintendent or a principal's or superintendent's designee to notify law enforcement if they believe a hate crime is occurring.

2019-S4781A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4781A       Revised 1/24/2020

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the education law, in relation to requiring a principal,
superintendent or a principal's or superintendent's designee to notify
law enforcement if they believe a hate crime is occurring

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the education law section 13 to require a princi-
pal, superintendent or designee, who believes an incident of bullying,
harassment or discrimination is a hate crime, to report to law enforce-
ment within 48 hours of such belief.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill states that, upon belief by the principal or
superintendent, or designee, that an act of harassment, bullying or
discrimination is a hate crime, such superintendent, principal or desig-

nee shall inform law enforcement within 48 hours of such belief.

Section 2 of this bill is the effective date. JUSTIFICATION:  This bill
comes in response to the spike in hate crimes both nationwide and in New
York, and ensures that suspected hate crimes are swiftly reported to law
enforcement to protect the safety and wellbeing of all students and
staff.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.4781-A - Referred to Education

2019: 5.4781 - Referred to Education

2017-18: 5.3649 - Referred to Education

2015-16: S.1727/A.4472 - Referred to Education

2013-14: S.1640/A.6132 - Referred to Education

2011-12: S.1176/A.3713 -,Referred to Education

2009-10: S.8199/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.

2019-S4781A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4781--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education  --  recommitted
   to the Committee on Education in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the education law, in relation to requiring a principal,
   superintendent or a principal's or superintendent's designee to notify
   law enforcement if they believe a hate crime is occurring
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph i of subdivision 1 of section 13 of the education
 law,  as added by chapter 102 of the laws of 2012, is amended to read as
 follows:
   i. require the principal, superintendent or the principal's or  super-
 intendent's  designee,  to  notify  promptly  the  appropriate local law
 enforcement agency when such principal, superintendent  or  the  princi-
 pal's or superintendent's designee, believes that any harassment, bully-
 ing or discrimination constitutes criminal conduct. WHERE THE PRINCIPAL,
 SUPERINTENDENT  OR THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE BELIEVES
 THAT ANY HARASSMENT,  BULLYING  OR  DISCRIMINATION  CONSTITUTES  A  HATE
 CRIME, AS DEFINED IN SUBDIVISION ONE OF SECTION 485.05 OF THE PENAL LAW,
 PROMPT  NOTIFICATION  TO  THE  APPROPRIATE  LOCAL LAW ENFORCEMENT AGENCY
 SHALL OCCUR WITHIN FORTY-EIGHT  HOURS  FROM  THE  TIME  SUCH  PRINCIPAL,
 SUPERINTENDENT  OR THE PRINCIPAL'S OR SUPERINTENDENT'S DESIGNEE BELIEVES
 THAT SUCH HARASSMENT, BULLYING  OR  DISCRIMINATION  CONSTITUTES  A  HATE
 CRIME;
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07566-02-0

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