Increases the monetary penalties for the crimes of aggravated harassment in the first or second degrees or for discrimination; provides that such penalty shall be not less than five hundred dollars nor more than twenty-five hundred dollars for the first violation and not less than twenty-five hundred dollars nor more than twelve thousand five hundred dollars for each subsequent violation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5792
SPONSOR: Norber TITLE OF BILL:
An act to amend the civil rights law, in relation to increasing the
monetary and criminal penalties for aggravated harassment or discrimi-
nation
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the Civil Rights Law, to increase the monetary and
criminal penalties for the-crime of aggravated harassment or for violat-
ing the antidiscrimination provisions of the Civil Rights Law.
SUMMARY OF PROVISIONS:
For violating the anti-discrimination provisions of the Civil Rights Law
or of aggravated harassment under the Penal Law, this bill would:
* Increase the existing monetary penalty from a minimum of $100 to $500
and a maximum of $500 to $2,500 for a first violation and institute.a
new monetary penalty of at least $2,500 to no more than $12,500 for any
subsequent violation; and
* Increase the criminal penalty from a Class A misdemeanor to a Class E
felony for a first violation and to a Class D felony for any subsequent
violation.
JUSTIFICATION:
Despite the existence of strong civil anti-discrimination laws in this
State, the Attorney General's Office receives numerous complaints alleg-
ing violations of the Civil Rights Law in employment, public accommo-
dation, and housing each year. The New York State Division of Human,
Rights likewise receives numerous discrimination complaints each year;
for fiscal year 1994-95, over 5,200 such complaints were received by
that agency. The modest penalties available under current law are insuf-
ficient to deter those who would violate such laws. A reasonable and
realistic increase in the fines and criminal sanctions, as provided
under this bill, would provide a more meaningful deterrent to inten-
tional acts of discrimination, particularly when such acts, are recur-
rent.
PRIOR LEGISLATIVE HISTORY:
2023-2024, not considered
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Slight increase in revenue to the state from the increase in fines.
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
5792
2025-2026 Regular Sessions
IN ASSEMBLY
February 20, 2025
___________
Introduced by M. of A. NORBER, BROOK-KRASNY, CHANG, NOVAKHOV -- read
once and referred to the Committee on Governmental Operations
AN ACT to amend the civil rights law, in relation to increasing the
monetary and criminal penalties for aggravated harassment or discrimi-
nation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 40-d of the civil rights law, as amended by chapter
2 191 of the laws of 1982, is amended to read as follows:
3 § 40-d. Penalty for violation. Any person who shall violate any of the
4 provisions of the foregoing section, or subdivision three of section
5 240.30 or section 240.31 of the penal law, or who shall aid or incite
6 the violation of any of said provisions shall for [each and every] the
7 first violation thereof be liable to a penalty of not less than [one]
8 five hundred dollars nor more than [five] twenty-five hundred dollars,
9 and for each subsequent violation thereof be liable to a penalty of not
10 less than twenty-five hundred dollars nor more than twelve thousand five
11 hundred dollars, to be recovered by the person aggrieved thereby in any
12 court of competent jurisdiction in the county in which the defendant
13 shall reside. In addition, any person who shall violate any of the
14 provisions of the foregoing section shall be deemed guilty of a class [A
15 misdemeanor] E felony for the first violation thereof and a class D
16 felony for any subsequent violation thereof. At or before the commence-
17 ment of any action under this section, notice thereof shall be served
18 upon the attorney general.
19 § 2. This act shall take effect on the first of November next succeed-
20 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09783-01-5
