Requires police agencies to file reports of civil rights offenses

BILL NUMBER:S2089

Title of bill

An act to amend the civil rights law, in relation to requiring reporting of unlawful acts which appear to be based on race, national origin, religion or sexual orientation

Summary

This bill would amend the Civil Rights Law by creating a new section 40-h. It would require police agencies throughout the State of New York to report "bias incidents" to the State Division of Criminal Justice Services.

Justification

Crimes motivated by hatred are different from crimes that are not. The painting of a swastika on a synagogue is different from other types of criminal mischief; an assault against a man from other types of criminal mischief. Hate crimes may inflame intergroup tensions, may threaten community stability, and may undermine efforts to promote tolerance and civil rights. For these reasons, New York State should require police agencies across the State to record and report bias incidents. The New York City Police Department has been recording such incidents since creating its bias Incident Investigation Unit in 1981. Maryland and Pennsylvania have recently enacted similar legislation.

The legislation will serve two principal purposes. First, it will enable New York State to monitor the levels of bias incidents--to see whether certain types of hate crimes are on the rise or on the decline, to see whether certain areas of the State are more or less successful in combating acts of prejudice. Without such a reporting system, political and civil rights leaders will not be able to rely upon objective information about the levels of prejudice-motivated violence. Second, by requiring police agencies to report and catalogue bias incidents, the legislation will encourage police departments across the state to recognize the unique qualities of bias incidents and thereby to provide the appropriate law enforcements and community response. Once a crime is identified as having a bias component, then the police and community organizations can develop a strategy based on this unique aspect--the police departments can bring in community affairs officers, local organizations can mobilize religious, ethnic or community groups, etc. Through the process of identification of the bias incident, the damage caused by the crime can be ameliorated and contained. Accordingly, the Mayor urges upon the Legislature the earliest possible favorable consideration of this proposal.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law, with provisions.