What's happening
This bill bars individuals convicted of hate crimes from attending or remaining at New York State and City public colleges.
Why it matters
Directly links hate crime convictions to educational consequences. This bill establishes a clear, automatic penalty of expulsion and future ineligibility for anyone convicted of a hate crime, which may deter such offenses but also raises questions about proportionality and due process.
Affects access to higher education and rehabilitation. By barring individuals from all New York State and City public colleges, the law may limit opportunities for personal growth and reintegration for those seeking to move beyond their convictions.
Immediate implementation with a reversal process. The expulsion is immediate upon conviction, but if the conviction is overturned on appeal, the individual is entitled to reinstatement with their previous academic standing, which emphasizes both swift action and a mechanism for fairness if legal errors occur.
Potential implications for campus climate and administration. The law may be viewed as a commitment to campus safety and inclusivity, but could also present new administrative burdens and legal complexities for colleges as they enforce these requirements and handle appeals.
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Who cares
Headline styles
Ban Hate Crime Offenders From College
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to higher education
- Referred to higher education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
25
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. TEDISCO, GRIFFO, MATTERA, OBERACKER, PALUMBO, RHOADS, WEBER -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to barring a person convicted of a hate crime from attending any state public school of higher education
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 6436-a to read as follows:
§ 6436-a. Hate crime conviction. Any person who is convicted of a crime under section 485.05 of the penal law (hate crimes) by a court of competent jurisdiction shall be barred from attending any college or university of the University of the State of New York and the City University of New York, including each senior college and each community college. A person who is a current student at the time of such conviction shall be expelled from the institution immediately upon conviction. If the conviction is subsequently overturned upon appeal, such person shall be reinstated to the institution the person was expelled from in the standing such person had prior to the conviction.
§ 2. This act shall take effect immediately and shall apply to school years commencing on and after July 1, 2026.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00178-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to barring a person convicted of a hate crime from attending any state public school of higher education
Purpose
Relates to barring a person convicted of a hate crime under Section 485.05 of the New York State Penal Law from attending any state public school of high education.
Summary of provisions
§ 1. The education law is amended by adding a new section 6436-a to read as follows:
§ 6436-a. Hate crime conviction. Any person who is convicted of a crime under section 485.05 of the penal law (hate crimes) by a cour t of competent jurisdiction shall be barred from attending any college or university of the University of the State of New York and the City University of New York, including each senior college and each community college. A person who is a current student at the time of such conviction shall be expelled from the institution he or she is attending immediately upon conviction. If the conviction is subsequently over- turned upon appeal, such person shall be reinstated to the institution he or she was expelled from in the standing he or she had prior to the conviction.
Justification
There were countless examples of rising incidents of antisemitism on college campuses in New York State and across the nation following the October 7, 2023, Hamas terrorist attack on Israel that resulted in the deaths of over 1,400 people and the taking hostage of 2 40 Israelis, Americans and others.
To be clear, hate crimes are unacceptable in all forms, and this initi- ative will codify that our taxpayer-funded State University of New York (SUNY) or City University of New York (CUNY) schools implement a zero- tolerance policy and extend a lifetime ban to individuals convicted of a such a crime under Section 485.05 of the New York State Penal Law.
Legislative history
11/17/23: S.7761 REFERRED TO RULES
01/03/24: S.7761 REFERRED TO HIGHER EDUCATION
Effective date
This act shall take effect immediately and shall apply to school years commencing on and after July 1, 2024.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.