BILL NUMBER: S5302

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the penal law, in relation to including removal or
threat of removal of religious clothing as aggravated harassment in the
second degree

 
PURPOSE OR GENERAL IDEA OF BILL:

To designate removing a religious clothing article or headdress as
aggravated harassment in the second degree.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law to include removing a religious clothing
article or headdress in the definition of aggravated harassment in the
second degree

Section 2 sets the effective date.

              

 
JUSTIFICATION:

Anti-Muslim sentiment has been on the rise with recent populist agendas
and fanaticism taking hold of society. As such, many Muslims have found
themselves the victim of threats, abuse, and harassment.  Muslim, women,
especially, have been very easy targets for such harassments. From shov-
ing and pushing on the streets and subway to verbal abuse, Muslim women
have had to deal with a lot of abuse from discriminatory individuals.

Hijab pulling is a big part of the problem. Multiple articles and civil
cases surrounding this issue have emerged over the past decade.  It's
widespread, from.schools to private homes. One teacher at the Fairfax
County Public School "ripped off' the hijab of one of her students. A
man ripped off a fellow passenger's hijab during a Southwest Airlines
flight in 201.6 and shouted fascist remarks.  Another teacher at the New
Vision Academy Charter School in Nashville recorded herself removing a
student's hijab. This would also prevent similar harassment for Jewish
individuals, as we have similarly seen a recent rise in anti-semitism.

By classing this harassment as an aggravated harassment in the second
degree, we hope to punish those who seek to abuse others as well as
deter any future abuse.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A2123

2019-2020: A2738

2018: A11334

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.