S T A T E O F N E W Y O R K
________________________________________________________________________
7807
I N S E N A T E
January 11, 2022
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 7807 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.
