Provides for bias-related crime classification review panel and reporting of bias-related crime statistics

-one attorney on the staff of a legal aid society;

-one police representative upon the recommendation of the Commissioner of police;

-one attorney on the staff of a district attorney's office upon the joint nomination of the five district attorneys within New York City;

-the chairperson of the Human Rights Commission of New York city or his/her designee;

-the New York City criminal Justice Coordinator or his/her designee.

The following shall also serve as members of the panel:

-the chairperson of the New York State Crime Victims' Board or his/her designee;

-the Commissioner of the New York State Division of Criminal Justice Services or his/her designee;

-the New York State Commissioner of Human Rights or his/her designee.

Two additional members shall be appointed by a majority vote of the three members listed above and at least one may be a member of academia of the Social Sciences. One investigator on the staff of the Crime Victims' Board and one senior stenographer on the staff of the Crime victims' Board shall also serve the panel.

Both the investigator and the stenographer shall be employed by the Crime Victims' Board; such employment will be the result of an appropriation to the Crime Victims' Board. They shall regularly assist the panel in performing its field work and general administrative tasks.

The panel would be chaired by one member elected by the other members.

The panel would meet at the request of the chairperson and at the request of a majority of the members. They must meet at least four times a year.

The panel is authorized to review any crime classified as non-bias by the New York City Police Department, but must review a classification made at the request of a victim, the family of a victim or the representative of the victim. The panel would have the following powers and duties: 1. To review non-bias classifications made by the New York City Police Department: (i) to return to the New York City Police Department for reconsideration any incident which the panel reclassifies as bias as well as any additional information the panel has gathered during the course of its investigation; and (ii) after initial evaluation, to decline to review any incident.

The panel may not review any incident that has not been reported to the department. All determinations of the panel shall be final.

2. To take testimony, review documents and otherwise consider all elements which it deems necessary to determine whether an incident is bias-related after being reported as such but being classified as nonbias by the police department.

3. To notify the victim or the family or representative of the victim in writing no less than seven days prior to the date a hearing is to be held, or, if no hearing is to be held, seven days prior to the date a determination is to be made of (a) the date, time and place of the hearing or determination and (b) that the victim has the right to submit information relating to the incident for consideration by the panel. If the victim is deceased or otherwise unable to exercise this right, the family or other representative of the victim may submit information relating to the incident for consideration by the panel.

4. To notify the victim, the victim's family or representative of the victim of its determination in writing. This notification shall include information as to whether the determination of non-bias by the police department was confirmed or if the incident was sent back to the police for reconsideration.

5. To establish rules of procedure which may provide for the establishment of sub-panels of at least three members, which may act on behalf of the panel.

6. To assist victims in reporting bias-related crime to the police.

7. To examine and review police department bias-related crime classification policies and procedures and make recommendations as to those policies and procedures to the police department.

8. To make an ongoing determination of which groups, other than those that the bill enumerates, and not traditionally afforded protected class status, should be afforded the protection of bias-related crime laws. These determinations would be reported to the New York City Police Department and the state legislature.

9. To familiarize the community with the nature of bias-related crime, the functions of the panel and how the panel can be accessed. This is to be accomplished through outreach programs by the panel, as well as the Crisis Prevention Unit within the Division of Human Rights.

10. To annually transmit a report on its activities to the state legislature, the Mayor of the City of New York and the Division of Criminal Justice Services. Such reports shall include, but not be limited to: information by precinct, showing the total number of bias-related incidents (determined to be non-bias by the New York City Police Department) reviewed by the panel, the number of incidents returned by the panel to the New York City Police Department for reconsideration and the number of incidents reclassified as bias by the police department as a result of reconsideration.

Fiscal implication

None.

Effective date

This act shall take effect on May 1 next succeeding the date on which it shall have become a law.