NY State Senate Bill 2023-S3275

Senate Bill S3275

2023-2024 Legislative Session

Relates to protections against anti-Semitism in the human rights law and the hate crimes statute

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Current Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to investigations and government operations
Jan 30, 2023	referred to investigations and government operations

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2023-S3275 (ACTIVE) - Details

See Assembly Version of this Bill:: A1862
Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Amd §§292 & 297, Exec L; amd §485.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4932
2021-2022: S4563, A4562

2023-S3275 (ACTIVE) - Summary

Provides protections against anti-Semitism in the human rights law and the hate crimes statute.

2023-S3275 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3275

SPONSOR: GRIFFO
 
TITLE OF BILL:

An act to amend the executive law and the penal law, in relation to
protections against anti-Semitism in the human rights law

 
PURPOSE:

This bill would place a definition of anti-Semitism within the state
human rights law, to specifically provide that acts of anti-Semitism
shall constitute a violation of the state human rights law, and to
further provide that anti-Semitism that incites, causes or results in
any act of violence, or injury to a person, or the damage to or
destruction of real or personal property, shall be deemed to constitute
a hate crime.

 
SUMMARY OF PROVISIONS:

Section One of this bill would establish legislative findings and deter-
minations.

Section Two of this bill would amend section 292 of the executive law
to:

1. Codify the definition of the term "creed" to mean "a set of moral,
religious or ethical beliefs, and the practices and observances associ-
ated with such beliefs, and shall include both traditional religious
beliefs associated with recognized, organized religions, as well as
belief systems that may not be expressed by such organized religious
groups."

2. Expressly provide that the protections embodied in the state Human
Rights Law would not only include protections against discrimination
based on creed, including but not limited to discrimination against
anyone practicing a belief in any form of Christianity, Judaism, Islam,
Hinduism, Buddhism or any other type of religion, but would also specif-
ically provide for protections against anti-Semitism.

3. Expressly define the term "anti-Semitism" to mean the public demon-
stration of negative actions, behaviors or perceptions regarding those
persons practicing the Jewish religion or exhibiting a Jewish heritage,
including:

* Hatred or severe disparagement toward the Jewish people or their
culture;

* Rhetorical, violent and/or physical manifestations directed against
Jewish or non-Jewish individuals or property, Jewish community insti-
tutions, and/or Jewish religious facilities;

* The calling for, aiding, encouraging, supporting or justifying the
killing, harming or defaming of anyone, simply for practicing the Jewish
religion or exhibiting a Jewish heritage;

* Making false and mendacious, dehumanizing, demonizing, demeaning or
stereotypical allegations, about persons practicing the Jewish religion,
or about those who exhibit a Jewish heritage, or about the myth about a
world Jewish conspiracy, or about Jewish persons allegedly controlling
the media, economy, government or other societal institutions;

* Accusing those practicing the Jewish religion, or exhibiting a Jewish
heritage, whether singularly or collectively, as being wholly responsi-
ble for any real or imagined wrongdoing committed by a single Jewish
person or group;

* Accusing those practicing the Jewish religion, or exhibiting a Jewish
heritage, whether singularly or collectively, as being wholly responsi-
ble for any real or imagined wrongdoing committed by the state of Isra-
el; and

* Accusing those practicing the Jewish religion, or exhibiting a Jewish
heritage, whether singularly or collectively, of being more loyal to
Israel, or to the alleged priorities of Jewish people worldwide, than to
the interests of the people of the state of New York, or to the inter-
ests of the people of the United States of America.

Section Three of this bill would amend section 297 of the executive law
to provide that in reviewing, investigating, adjudicating or determining
whether there has been a violation of the state Human Rights Law on the
basis of creed, and/or to afford protections against anti-Semitism, as a
result of actions taken against a person because of an individual's
actual or perceived Jewish religious practices, or Jewish ancestry, or
Jewish ethnic characteristics, the state division of human rights or the
court upon review, must take into consideration the (above) definition
of anti-Semitism in any decision, determination, adjudication or judg-
ment as to whether the alleged practice was motivated by anti-Semitic
intent.

Section Four of this bill would amend section 485.05 of the penal law,
to provide that in addition to any other hate crime, any person who
commits an act of anti-Semitism, that incites, causes or results in any
act of violence, or injury to a person, or the damage to or destruction
of real or personal property, shall be deemed to constitute a hate crime
under the hate crime provisions of the penal law.

Section Five of this bill would provide that nothing in the act shall be
deemed to diminish or infringe upon any right protected under section 3
or 8 of Article I of the Constitution of the State of New York, or by
the first amendment to the United States Constitution.

Section Six of this bill would provide for an effective date of the
first of November next succeeding the date on which it shall have become
a law.

 
JUSTIFICATION:

Discrimination and attacks have been unfairly and wrongfully levied and
directed against the Jewish people and their faith for generations, from
ancient times to the present. These instances of discrimination and
attacks, manifesting themselves through acts of anti-Semitism, have
proven to be among the most despicable acts of mankind, calling witness
to countless acts of death, deprivation, injustice and holocaust.

Such anti-Semitism sadly remains today. Despite its unseemliness, it is
still a persistent, disturbing problem in certain segments of society,
political movements, on college campuses, and by select disturbed and/or
seriously misguided or hateful individuals.

Acts of anti-Semitism have just even very recently resulted in homicidal
attacks against Jewish places of worship in Pittsburgh, Pennsylvania and
in the defacement and mutilation of publicly displayed photographs in
New York City of a prominent and respected Jewish member of the United
States Supreme Court.

Both the federal Department of Justice, and the federal Department of
Education, have properly concluded that both state and federal law
prohibits discrimination against persons of the Jewish faith, as well as
members of other religious groups, when such discrimination is based on
the actual or perceived religious faith, shared ancestry or ethnic char-
acteristics, or when the discrimination is based on actual or perceived
citizenship or residence in a country whose residents share a dominant
religion or a distinct religious identity.

But despite such determination, persons of the Jewish faith, and/or of
Jewish heritage, are continuing to be threatened, harassed or intim-
idated in their daily lives, work and education (including on their
college campuses) and in the practice of their religion, by acts of
anti-Semitism, due to the basis of their religious belief, shared ances-
try or ethnic characteristics, including but not limited to harassing
conduct that creates a hostile environment so severe, pervasive, or
persistent as to interfere with or limit their ability to participate in
or benefit from the services, activities, or opportunities offered by
their daily life, work, schools or practice of their faith and/or reli-
gious principles.

This legislation seeks to address this continuing and disgraceful prob-
lem of anti-Semitism, by amending the state human rights law and the
penal law, to properly provide protections, through the appropiiate
codification of the definition of anti-Semitism, and by specifically
including acts of anti-Semitism that incite, cause or result in any act
of violence, or injury to a person, or the damage to or destruction of
real or personal property, under the state definition of a hate crime.

 
LEGISLATIVE HISTORY:

2021-22 - S. 4563 - Investigations and Government Operations
Committee/A. 4562 Governmental Operations.

2019-20 - S. 4932a - Investigations and Government Operations Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act would take effect the first of November next succeeding the
date on which it shall have become a law.

2023-S3275 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3275
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by  Sens.  GRIFFO,  HELMING,  STEC -- read twice and ordered
   printed, and when printed to be committed to the Committee on Investi-
   gations and Government Operations
 
 AN ACT to amend the executive law and the  penal  law,  in  relation  to
   protections against anti-Semitism in the human rights law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  determinations.  The  legislature
 finds  and determines that discrimination and attacks have been unfairly
 and wrongfully levied and directed against the Jewish people  and  their
 faith for generations, from ancient times to the present. Such discrimi-
 nation  and  attacks,  manifesting themselves through acts of anti-Semi-
 tism, have proven to be among the most despicable acts of mankind, call-
 ing witness to countless  acts  of  death,  deprivation,  injustice  and
 holocaust.
   The  legislature further finds and determines that anti-Semitism sadly
 remains  today,  still  a  persistent,  disturbing  problem  in  certain
 segments  of  society,  political movements, on college campuses, and by
 select disturbed and/or seriously misguided or hateful individuals.
   The legislature also finds and determines that acts  of  anti-Semitism
 have  even  very  recently  resulted in homicidal attacks against Jewish
 places of worship in Pittsburgh, Pennsylvania and in the defacement  and
 mutilation of publicly displayed photographs in New York City of a prom-
 inent and respected Jewish member of the United States Supreme Court.
   The legislature additionally finds and determines that both the feder-
 al  Department of Justice, and the federal Department of Education, have
 properly concluded that both state and federal law  prohibits  discrimi-
 nation  against persons of the Jewish faith, as well as members of other
 religious groups, when such discrimination is based  on  the  actual  or
 perceived religious faith, shared ancestry or ethnic characteristics, or
 when  the  discrimination is based on actual or perceived citizenship or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02821-01-3

 S. 3275                             2
 
 residence in a country whose residents share a dominant  religion  or  a
 distinct religious identity.
   The  legislature  further  finds  and  determines  that persons of the
 Jewish faith, and/or of Jewish heritage, are continuing  to  be  threat-
 ened,  harassed  or intimidated in their daily lives, work and education
 (including on their college campuses) and in the practice of their reli-
 gion, by acts of anti-Semitism, due to  the  basis  of  their  religious
 belief,  shared  ancestry  or  ethnic characteristics, including but not
 limited to harassing conduct  that  creates  a  hostile  environment  so
 severe,  pervasive,  or  persistent  as to interfere with or limit their
 ability to participate in or benefit from the services,  activities,  or
 opportunities  offered by their daily life, work, schools or practice of
 their faith and/or religious principles.
   The legislature finally  finds  and  determines  that  legislation  is
 therefore  necessary  to  place a definition of anti-Semitism within the
 state human rights law, to specifically provide that acts of  anti-Semi-
 tism  shall constitute a violation of the state human rights law, and to
 further provide that anti-Semitism that incites, causes  or  results  in
 any  act  of  violence,  or  injury  to  a  person,  or the damage to or
 destruction of real or personal property, shall be deemed to  constitute
 a hate crime.
   §  2.  Section  292  of the executive law is amended by adding two new
 subdivisions 42 and 43 to read as follows:
   42. THE TERM "CREED" MEANS  A  SET  OF  MORAL,  RELIGIOUS  OR  ETHICAL
 BELIEFS, AND THE PRACTICES AND OBSERVANCES ASSOCIATED WITH SUCH BELIEFS,
 AND  SHALL  INCLUDE  BOTH  TRADITIONAL RELIGIOUS BELIEFS ASSOCIATED WITH
 RECOGNIZED, ORGANIZED RELIGIONS, AS WELL AS BELIEF SYSTEMS THAT MAY  NOT
 BE  EXPRESSED  BY  SUCH  ORGANIZED  RELIGIOUS  GROUPS.   THE PROTECTIONS
 PROVIDED BY THIS ARTICLE SHALL  NOT  ONLY  INCLUDE  PROTECTIONS  AGAINST
 DISCRIMINATION  BASED  ON  CREED, INCLUDING BUT NOT LIMITED TO DISCRIMI-
 NATION AGAINST ANYONE PRACTICING A BELIEF IN ANY FORM  OF  CHRISTIANITY,
 JUDAISM,  ISLAM,  HINDUISM,  BUDDHISM OR ANY OTHER TYPE OF RELIGION, BUT
 SHALL ALSO SPECIFICALLY PROVIDE FOR PROTECTIONS AGAINST ANTI-SEMITISM.
   43. THE TERM "ANTI-SEMITISM" MEANS THE PUBLIC DEMONSTRATION  OF  NEGA-
 TIVE  ACTIONS, BEHAVIORS OR PERCEPTIONS REGARDING THOSE PERSONS PRACTIC-
 ING THE JEWISH RELIGION OR EXHIBITING A JEWISH HERITAGE, INCLUDING:
   A. HATRED OR SEVERE DISPARAGEMENT TOWARD THE JEWISH  PEOPLE  OR  THEIR
 CULTURE;
   B. RHETORICAL, VIOLENT AND/OR PHYSICAL MANIFESTATIONS DIRECTED AGAINST
 JEWISH  OR  NON-JEWISH  INDIVIDUALS OR PROPERTY, JEWISH COMMUNITY INSTI-
 TUTIONS, AND/OR JEWISH RELIGIOUS FACILITIES;
   C. THE CALLING FOR, AIDING, ENCOURAGING, SUPPORTING OR JUSTIFYING  THE
 KILLING, HARMING OR DEFAMING OF ANYONE, SIMPLY FOR PRACTICING THE JEWISH
 RELIGION OR EXHIBITING A JEWISH HERITAGE;
   D. MAKING FALSE AND MENDACIOUS, DEHUMANIZING, DEMONIZING, DEMEANING OR
 STEREOTYPICAL ALLEGATIONS, ABOUT PERSONS PRACTICING THE JEWISH RELIGION,
 OR  ABOUT THOSE WHO EXHIBIT A JEWISH HERITAGE, OR ABOUT THE MYTH ABOUT A
 WORLD JEWISH CONSPIRACY, OR ABOUT JEWISH PERSONS  ALLEGEDLY  CONTROLLING
 THE MEDIA, ECONOMY, GOVERNMENT OR OTHER SOCIETAL INSTITUTIONS;
   E.  ACCUSING  THOSE  PRACTICING  THE  JEWISH RELIGION, OR EXHIBITING A
 JEWISH HERITAGE, WHETHER SINGULARLY OR  COLLECTIVELY,  AS  BEING  WHOLLY
 RESPONSIBLE  FOR  ANY  REAL OR IMAGINED WRONGDOING COMMITTED BY A SINGLE
 JEWISH PERSON OR GROUP;
   F. ACCUSING THOSE PRACTICING THE  JEWISH  RELIGION,  OR  EXHIBITING  A
 JEWISH  HERITAGE,  WHETHER  SINGULARLY  OR COLLECTIVELY, AS BEING WHOLLY
 S. 3275                             3
 
 RESPONSIBLE FOR ANY REAL OR IMAGINED WRONGDOING COMMITTED BY  THE  STATE
 OF ISRAEL; AND
   G.  ACCUSING  THOSE  PRACTICING  THE  JEWISH RELIGION, OR EXHIBITING A
 JEWISH HERITAGE, WHETHER SINGULARLY OR COLLECTIVELY, OF BEING MORE LOYAL
 TO ISRAEL, OR TO THE ALLEGED PRIORITIES OF JEWISH PEOPLE WORLDWIDE, THAN
 TO THE INTERESTS OF THE PEOPLE OF THE STATE  OF  NEW  YORK,  OR  TO  THE
 INTERESTS OF THE PEOPLE OF THE UNITED STATES OF AMERICA.
   §  3.  Section  297  of  the  executive law is amended by adding a new
 subdivision 11 to read as follows:
   11. IN REVIEWING, INVESTIGATING, ADJUDICATING OR  DETERMINING  WHETHER
 THERE HAS BEEN A VIOLATION OF THIS ARTICLE ON THE BASIS OF CREED, AND/OR
 TO  AFFORD  PROTECTIONS AGAINST ANTI-SEMITISM, AS DEFINED BY SUBDIVISION
 FORTY-THREE OF SECTION TWO HUNDRED NINETY-TWO  OF  THIS  ARTICLE,  AS  A
 RESULT  OF  ACTIONS  TAKEN  AGAINST  A PERSON BECAUSE OF AN INDIVIDUAL'S
 ACTUAL OR PERCEIVED JEWISH RELIGIOUS PRACTICES, OR JEWISH  ANCESTRY,  OR
 JEWISH  ETHNIC  CHARACTERISTICS,  THE DIVISION OR THE COURT UPON REVIEW,
 SHALL TAKE INTO CONSIDERATION THE DEFINITION OF ANTI-SEMITISM  CONTAINED
 IN  SUBDIVISION  FORTY-THREE  OF  SECTION TWO HUNDRED NINETY-TWO OF THIS
 ARTICLE, AS PART OF ITS  ASSESSMENT,  IN  ANY  DECISION,  DETERMINATION,
 ADJUDICATION  OR  JUDGMENT  AS TO WHETHER THE ALLEGED PRACTICE WAS MOTI-
 VATED BY ANTI-SEMITIC INTENT.
   § 4. Section 485.05 of the penal law is amended by adding a new subdi-
 vision 5 to read as follows:
   5. IN ADDITION TO ANY OTHER HATE CRIME PROVIDED FOR IN  THIS  SECTION,
 ANY  PERSON  WHO COMMITS AN ACT OF ANTI-SEMITISM, AS DEFINED IN SUBDIVI-
 SION FORTY-THREE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW,
 THAT INCITES, CAUSES OR RESULTS IN ANY ACT OF VIOLENCE, OR INJURY  TO  A
 PERSON,  OR  THE  DAMAGE TO OR DESTRUCTION OF REAL OR PERSONAL PROPERTY,
 SHALL BE DEEMED TO CONSTITUTE A HATE CRIME UNDER THIS SECTION.
   § 5. Nothing in the act shall be deemed to diminish or  infringe  upon
 any  right  protected under section 3 or 8 of Article I of the Constitu-
 tion of the State of New York, or by the first amendment to  the  United
 States Constitution.
   § 6. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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