NY State Senate Bill 2021-S5076

Senate Bill S5076

2021-2022 Legislative Session

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

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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 05, 2022	referred to education
Feb 23, 2021	referred to education

co-Sponsors

2021-S5076 (ACTIVE) - Details

Current Committee:: Senate Education
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
2019-2020: S4781
2023-2024: S6367

2021-S5076 (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.

2021-S5076 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5076

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:

2019-20: S.4781-A - Referred to Education

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.

2021-S5076 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5076
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, KAPLAN -- 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 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.
                                                            LBD09284-01-1

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Senate Bill S5076

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Sponsored By

Kevin S. Parker