What's happening
This bill requires police training on internet-based harassment and expands civil liability for harassment motivated by bias, including electronic communication.
Why it matters
Expands police training requirements. to include understanding and handling crimes involving internet technology, aiming to ensure officers are better equipped to recognize and address online harassment and related offenses.
Mandates continuous education. for both new and veteran police officers, including recommendations for ongoing retraining, which could improve law enforcement’s ability to keep pace with evolving digital threats.
Broadens civil liability for bias-motivated harassment. by explicitly including harassment carried out via electronic communications, such as cyberbullying or online hate speech, thus giving victims more avenues for legal recourse.
Strengthens civil protections for marginalized groups. by making it easier to pursue legal action against those who use electronic means to harass based on race, gender, religion, or other protected characteristics—even if no physical injury occurs.
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Who cares
Police officers and police departments
The bill would require written policies addressing how internet technology can facilitate harassment or other crimes, with provisions for officer education and training.
Municipal Police Training Council
The council would develop, maintain and disseminate those policies and recommend rules to the governor for ongoing officer training and periodic retraining.
People targeted by bias-motivated harassment
The bill would explicitly add harassment as defined in Penal Law section 240.25 to conduct that can support a civil claim for damages, an injunction or other relief when motivated by specified personal characteristics.
People accused of bias-motivated harassment
They could face civil liability under the expanded provision, including an injunction against further violations without proof of actual injury or damage.
Headline styles
Stop Online Harassment
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Print number 4689a
- Amend (t) and recommit to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stop Online Harassment
Assembly Floor Calendar · Sponsor Dan Quart
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4689--A
2019-2020 Regular Sessions
IN SENATE
March 20, 2019
Introduced by Sens. BIAGGI, CARLUCCI, HOYLMAN, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law and the civil rights law, in relation to harassment through electronic communication
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 840 of the executive law is amended by adding a new subdivision 6 to read as follows:
6. The council shall, in addition:
(a) Develop, maintain, and disseminate written policies and procedures regarding current internet technology and how such technology may be used to perpetrate harassment or other crimes. Such policies and procedures shall make provisions for the education and training of new and veteran police officers; and
(b) Recommend to the governor, rules and regulations with respect to the establishment and implementation on an ongoing basis of a training program for all current and new police officers regarding the policies and procedures established pursuant to this subdivision, along with recommendations for periodic retraining of police officers.
§ 2. Subdivision 2 of section 79-n of the civil rights law, as added by chapter 227 of the laws of 2010, is amended to read as follows:
2. Any person who intentionally selects a person or property for harm or causes damage to the property of another [or], causes physical injury or death to another or commits harassment as defined in section 240.25 of the penal law in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, shall be liable, in a civil action or proceeding maintained by such individual
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01431-05-9
S. 4689--A 2
or group of individuals, for injunctive relief, damages, or any other appropriate relief in law or equity. If it shall appear to the satisfaction of the court or justice that the respondent has, in fact, violated this section, an injunction may be issued by such court or justice, enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law and the civil rights law, in relation to harassment through electronic communication
Purpose or general idea of bill
This bill will ensure that harassment that occurs through electronic communication are punished equally to harassment that occurs in person.
Summary
Section 1 amends section 840 of the executive law to add a new subdivi- sion 6, requiring the municipal police training council to develop training on interne technologies and the use of these technologies for harassment
Section 2 amends subdivision 2 of section 79-n of the civil rights law to add harassment as defined by section 240.25 of the penal law to the list of bias crimes that are eligible for a civil action.
Section 3 sets the effective date.
Justification
Countless New Yorkers have suffered from online mistreatment. Crimes like stalking and harassment are not currently considered illegal when committed online. The development of new technology also makes harmful actions such as wrongful impersonation and public disclosure of private fact more accessible. Meaghan Jarensky, former Miss New York, fell victim to one of these harmful actions that have become common when her photos and personal details were used to create a fake online dating profile that portrayed her in a negative light. This false portrayal created difficulties in her personal relationships and she feared that it would be harmful to her business and public image. Online harassment, stalking, wrongful impersonation, and invasions of privacy can inflict mental and emotional harm or cause damage to personal reputation. This legislation updates the laws to protect against online actions that have real effects.
Prior legislative history
2018: A8749 referred to Governmental Operations
Fiscal implications
TBD
Effective date
This act shall take effect on the first day of November succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.