S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8701
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the executive law, in relation to the "hate crimes anal-
   ysis and review act"; and to amend a chapter  of  the  laws  of  2021,
   amending the executive law relating to enacting the "hate crimes anal-
   ysis and review act", as proposed in legislative bills numbers S. 70-A
   and A. 2230-A, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4-c of section 837 of  the  executive  law,  as
 amended  by  a  chapter  of the laws of 2021, amending the executive law
 relating to enacting the "hate  crimes  analysis  and  review  act",  as
 proposed  in legislative bills numbers S. 70-A and A. 2230-A, is amended
 to read as follows:
   4-c. (a) In cooperation with the chief administrator of the courts  as
 well  as  any  other public or private agency, including law enforcement
 agencies, collect, maintain, analyze and make public statistical and all
 other information and data with respect to the  number  of  hate  crimes
 reported  to  or  investigated  by the division of state police, and all
 other police or peace officers, the number of persons arrested  for  the
 commission  of  such  crimes,  the  offense  for  which  the  person was
 arrested, the demographic data of the victim or victims of  such  crimes
 including,  but  not limited to, race, color, national origin, ancestry,
 gender, gender identity or  expression,  religion,  religious  practice,
 age,  disability or sexual orientation of a person, the demographic data
 of the person or persons arrested for  the  commission  of  such  crimes
 including,  but  not limited to, race, color, national origin, ancestry,
 gender, gender identity or  expression,  religion,  religious  practice,
 age,  disability  or  sexual  orientation of a person, the county within
 which the arrest was made  and  the  accusatory  instrument  filed,  the
 disposition  of  the  accusatory  instrument  filed,  including, but not
 limited to, as the case may be, dismissal,  acquittal,  the  offense  to
 which the defendant pled guilty, the offense the defendant was convicted
 of  after  trial, and the sentence imposed. Data collected shall be used
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00071-08-2
 A. 8701                             2
 
 for research or statistical purposes only and shall not contain informa-
 tion that may reveal the identity of any individual.  The division shall
 include the statistics and other information required by  this  subdivi-
 sion  in  an annual report submitted to the governor, the speaker of the
 assembly, the temporary president of the senate, the chair of the assem-
 bly codes committee, the chair of the senate codes committee, the attor-
 ney general and the chief administrative judge of the  office  of  court
 administration. Such annual reports shall be a public record.
   (b)  THE  DIVISION SHALL PROMULGATE REGULATIONS RELATED TO THE USE AND
 COLLECTION OF A "HATE CRIME  DEMOGRAPHIC  DATA  FORM".  THE  REGULATIONS
 SHALL  ADDRESS  THE  APPROPRIATE METHODS AND TIMING OF COLLECTION OF THE
 DEMOGRAPHIC DATA INCLUDED IN PARAGRAPH  (A)  OF  THIS  SUBDIVISION.  THE
 DIVISION  SHALL  CONSIDER  THE  MANNER  OF COLLECTION WHICH WILL BE MOST
 CONDUCIVE TO RESPECTING VICTIMS WHILE COLLECTING  NECESSARY  INFORMATION
 THAT WILL ASSIST THE STATE IN PROVIDING ADEQUATE VICTIM SUPPORT SERVICES
 AND  ADDITIONAL  PROGRAMMING  TO  DECREASE  THE  LIKELIHOOD OF SUCH HATE
 CRIMES OCCURRING, AND BEST PRACTICES FOR COLLECTION OF THE DATA.  INFOR-
 MATION  DISCLOSED  ON THE HATE CRIME VICTIM DEMOGRAPHIC DATA FORM OR THE
 HATE CRIME DEFENDANT DEMOGRAPHIC DATA FORM SHALL BE USED ONLY TO  ASSIST
 THE  DIVISION  IN  COMPLYING  WITH PARAGRAPH (A) OF THIS SUBDIVISION AND
 SHALL NOT BE USED IN ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING.
   (C) As used in this section, the term "gender identity or  expression"
 shall  have  the same meaning as defined in paragraph (c) of subdivision
 four of section 485.05 of the penal law.
   § 2. Section 3 of a chapter of the laws of 2021, amending  the  execu-
 tive law relating to enacting the "hate crimes analysis and review act",
 as  proposed  in  legislative  bills  numbers  S. 70-A and A. 2230-A, is
 amended to read as follows:
   § 3. This act shall take effect on the [ninetieth] ONE HUNDRED  EIGHT-
 IETH  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.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2021, amending the executive law
 relating to enacting the "hate  crimes  analysis  and  review  act",  as
 proposed  in  legislative  bills  numbers  S.  70-A and A. 2230-A, takes
 effect.