A06584 Summary:

BILL NO    A06584A

SAME AS    SAME AS UNI. S03753-A

SPONSOR    Gottfried (MS)

COSPNSR    Glick, O'Donnell, Brennan, Canestrari, Cook, Eddington, Espaillat,
           Fields, Ortiz, Peralta, Diaz R, Hevesi, Carrozza, Jeffries, Titone,
           Kellner, Schimel, Kavanagh, Cahill, Young, Englebright

MLTSPNSR   Alessi, Aubry, Benedetto, Bing, Boyland, Bradley, Christensen,
           Cymbrowitz, Diaz L, Dinowitz, Farrell, Gianaris, Gordon T, Gunther,
           Hooper, Hoyt, Jaffee, John, Koon, Lafayette, Lancman, Lavine, Lifton,
           Lopez V, Lupardo, Magnarelli, Maisel, Markey, McEneny, McKevitt,
           Miller, Millman, Nolan, Paulin, Peoples, Perry, Pheffer, Pretlow,
           Ramos, Rivera N, Robinson, Rosenthal, Sayward, Scarborough,
           Seminerio, Stirpe, Sweeney, Thiele, Towns, Weisenberg, Wright,
           Zebrowski K

Amd SS291, 292, 295, 296 & 296-a, Exec L; amd S40-c, Civ Rts L; amd S313, Ed L;
amd SS485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd S200.50, CP L

Prohibits discrimination based on gender identity or expression; defines
"gender identity or expression" as having or being perceived as having a gender
identity, self image, appearance, behavior or expression whether or not that
gender identity, self image, appearance, behavior or expression is different
from that traditionally associated with the sex assigned to that person at
birth; further includes offenses regarding gender identity or expression within
the list of offenses subject to treatment as hate crimes.
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A06584 Actions:

BILL NO    A06584A

03/14/2007 referred to governmental operations
04/24/2007 reported referred to codes
01/09/2008 referred to governmental operations
02/25/2008 amend and recommit to governmental operations
02/25/2008 print number 6584a
04/30/2008 reported referred to codes
05/20/2008 reported 
05/22/2008 advanced to third reading cal.1034
06/03/2008 passed assembly
06/03/2008 delivered to senate
06/03/2008 REFERRED TO RULES
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A06584 Votes:

A06584A06/03/2008 108/34
AbbateNOCalhounNOEspaillYHyer SpYMarkeyYPretlowYSweeneyY
AlessiYCamaraNOFarrellYJacobsYMayersoYQuinnNOTediscoNO
AlfanoYCanestrYFieldsYJaffeeYMcDonalYRabbittNOThieleY
AmedoreNOCarrozzYFinchNOJeffrieYMcDonouYRaiaNOTitoneY
ArroyoYChristeYFitzpatNOJohnYMcEnenyYRamosYTitusY
AubryYClarkYGabryszYKavanagYMcKevitYReilichNOTobaccoNO
BacalleNOColeNOGalefYKellnerYMillerYReillyYTownsY
BallNOColtonYGanttNOKirwanNOMillmanYRive J YTownsenNO
BarclayNOConteYGianariYKolbERMolinarNORive N YWalkerY
BarraYCookYGiglioNOKoonYMorelleYRive PMYWeinsteY
BenedetYCrouchYGlickYLafayetYNolanERRobinsoERWeisenbY
BenjamiNOCusickNOGordonYLancmanYOaksNORosenthYWeprinY
BingYCymbrowYGottfriYLatimerYO'DonneYSaladinNOWrightY
BoylandYDelMontYGreeneYLavineYO'MaraNOSaywardYYoungY
BoyleYDestitoYGuntherYLentolYOrtizYScarborERZebrowsY
BradleyYDiaz LMYHawleyNOLiftonERParmentYSchimelYMr SpkrY
BrennanYDiaz R YHayesNOLope PDNOPaulinYSchimmiNO
BrodskyYDinowitYHeastieYLope VJERPeoplesYSchroedY
Brook KYDupreyYHevesiYLupardoYPeraltaYScozzafY
BurlingNOEddingtYHikindNOMageeYPerryYSeminerY
ButlerNOEnglebrYHooperYMagnareYPhefferYSpanoY
CahillYErrigoNOHoytYMaiselYPowellYStirpeY

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A06584 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6584A
 
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the executive law, the civil rights law and the educa- tion law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender iden- tity or expression within the list of offenses subject to treatment as hate crimes   PURPOSE OR GENERAL IDEA OF THE BILL: This bill would prohibit discrimination based on gender identity or expression, and includes offenses regarding gender identity or expression under the hate crimes statute.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 declares the legislative intent. Section 3 adds a new subdivision 31 to section 292 of the Executive Law, which provides a definition of "gender identity or expression." Other sections of the bill add "gender identity or expression" to the existing list of factors that are prohibited as the basis of discrimi- nation, as follows: Bill Existing Law Provisions of section or type of Amended discrimination already prohibited Section 2 Exec. Law §291 Equality of opportunity defined as a civil right Section 4 Exec. Law §295 Division of Human Rights powers and duties Section 5 Exec. Law §296(1) Employers, licensing agencies, employment agencies and labor organizations Section 6 Exec. Law §296(1-a) Apprenticeship training programs Section 7 Exec. Law §296(2) Places of public accommodation, resort or amusement Section 8 Exec. Law §296(2-a) Publicly-assisted housing Section 9 Exec. Law §296(3-b) Realtors representing that a change has occurred or may occur in the composition of a neighborhood Section 10 Exec. Law §296(4) Nonsectarian education corporations or associations Section 11 Exec. Law §296(5) Private housing accommodations and commercial space, keeping the exemption for small, owner-occupied housing Section 12 Exec. Law §296(9) Volunteer fire department membership Section 13 Exec. Law §296(13) Commercial boycotts and blacklists Section 14 Exec. Law §296-a Credit Section 15 Civil Rights Law §40-c Civil rights Section 16 Education Law §313(1) Education institutions, without affecting the rights of religious education institutions Section 17 Education Law §313(3) Unfair educational practices Sections 18 through 23 add "gender identity or expression" to the list of factors that can make a crime a "hate crime."   JUSTIFICATION: The transgender community is still not protected from discrimination under the law. Transgender people whose gender identity, appearance, behavior or expression differs from their genetic sex at birth face discrimination in housing, employment, public accommodations and many other areas of life, and they are particularly vulnerable to hate crimes. Many people who supported the recent SONDA (Sexual Orientation Non-dis- crimination Act) believed that it covered transgender discrimination. However, being transgender is not the same as being homosexual.   PRIOR LEGISLATIVE HISTORY: A.7438/S.4794-A of 2005-06   FISCAL IMPLICATIONS: Minimal fiscal impact.   EFFECTIVE DATE: Thirty days after it shall have become law, except sections 18 through 23 will be effective on the first of November next succeeding the date on which it shall have become law.
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A06584 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3753--A                                            A. 6584--A
 
                               2007-2008 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                     March 14, 2007
                                       ___________
 
        IN  SENATE  -- Introduced by Sens. DUANE, ADAMS, BRESLIN, CONNOR, DILAN,
          HASSELL-THOMPSON, KRUEGER, MONTGOMERY, OPPENHEIMER,  PARKER,  PERKINS,
          SABINI, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, STAVISKY -- read twice
          and ordered printed, and when printed to be committed to the Committee

          on  Investigations  and  Government  Operations  -- recommitted to the
          Committee on Investigations and Government  Operations  in  accordance
          with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        IN ASSEMBLY -- Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, BREN-
          NAN, CANESTRARI,  COOK,  EDDINGTON,  ENGLEBRIGHT,  ESPAILLAT,  FIELDS,
          ORTIZ,  PERALTA,  R. DIAZ, HEVESI, WALKER, CARROZZA, JEFFRIES, TITONE,
          KELLNER -- Multi-Sponsored by -- M. of A.  ALESSI,  AUBRY,  BENEDETTO,
          BING,  BOYLAND,  BRADLEY,  CHRISTENSEN, CYMBROWITZ, L. DIAZ, DINOWITZ,
          FARRELL,  GIANARIS,  D. GORDON,  T. GORDON,  GUNTHER,  HOOPER,   HOYT,
          JAFFEE,  JOHN,  KAVANAGH,  KOON,  LAFAYETTE,  LANCMAN, LAVINE, LIFTON,
          V. LOPEZ, LUPARDO,  MAGNARELLI,  MAISEL,  MARKEY,  McENENY,  McKEVITT,

          MILLER,  MILLMAN,  NOLAN,  PAULIN,  PEOPLES,  PERRY, PHEFFER, PRETLOW,
          RAMOS, N. RIVERA, ROBINSON, ROSENTHAL, SCARBOROUGH, SEMINERIO, STIRPE,
          SWEENEY, THIELE, TOWNS, WEISENBERG, WRIGHT -- read once  and  referred
          to  the  Committee  on  Governmental  Operations -- recommitted to the
          Committee on Governmental Operations in accordance with Assembly  Rule
          3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the executive law, the civil rights law and  the  educa-
          tion  law,  in  relation to prohibiting discrimination based on gender
          identity or expression; and to amend the penal law  and  the  criminal
          procedure  law,  in  relation  to  including offenses regarding gender
          identity or expression within the list of offenses subject  to  treat-
          ment as hate crimes
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00191-03-8

        S. 3753--A                          2                         A. 6584--A
 
     1    Section 1. Legislative findings and intent. The legislature  reaffirms
     2  that  the state has the responsibility to act to assure that every indi-
     3  vidual within this state is afforded an equal  opportunity  to  enjoy  a
     4  full  and  productive  life,  and that the failure to provide such equal
     5  opportunity,  whether  because of discrimination, prejudice, intolerance

     6  or inadequate education, training,  housing  or  health  care  not  only
     7  threatens  the  rights  and  proper  privileges  of its inhabitants, but
     8  menaces the institutions and foundation of a free democratic  state  and
     9  threatens  the  peace,  order, health, safety and general welfare of the
    10  state and its inhabitants.
    11    The legislature further finds that many residents of this  state  have
    12  encountered prejudice on account of their gender identity or expression,
    13  and  that  this  prejudice  has  severely  limited or actually prevented
    14  access to employment, housing and other basic necessities of life, lead-
    15  ing to deprivation and suffering.  The  legislature  further  recognizes
    16  that  this  prejudice  has  fostered  a general climate of hostility and
    17  distrust, leading in some instances to physical violence  against  those

    18  perceived  to live in a gender identity or expression which is different
    19  from that traditionally associated with the sex assigned to that  person
    20  at birth.
    21    In so doing, the legislature makes clear its action is not intended to
    22  promote any particular attitude, course of conduct or way of life. Rath-
    23  er its purpose is to ensure that individuals who live in our free socie-
    24  ty have the capacity to make their own choices, follow their own beliefs
    25  and  conduct  their  own lives as they see fit, consistent with existing
    26  law.
    27    The legislature further finds that, as court decisions  have  properly
    28  held,  New  York's sex discrimination laws prohibit discrimination based
    29  on gender stereotypes or  because  an  individual  has  transitioned  or
    30  intends  to  transition  from one gender to another. This legislation is

    31  intended to codify this principle and to ensure that the  public  under-
    32  stands   that  discrimination  on  the  basis  of  gender  identity  and
    33  expression is prohibited.
    34    § 2. Subdivisions 1 and 2 of section 291  of  the  executive  law,  as
    35  amended  by  chapter  106  of  the  laws of 2003, are amended to read as
    36  follows:
    37    1. The opportunity to obtain employment without discrimination because
    38  of age, race, creed, color, national origin, sexual orientation,  gender
    39  identity or expression, military status, sex or marital status is hereby
    40  recognized as and declared to be a civil right.
    41    2.  The  opportunity  to obtain education, the use of places of public
    42  accommodation and the ownership, use and occupancy of  housing  accommo-
    43  dations  and  commercial  space  without  discrimination because of age,

    44  race, creed, color, national origin, sexual orientation, gender identity
    45  or expression, military status, sex or marital status, as  specified  in
    46  section  two hundred ninety-six of this article, is hereby recognized as
    47  and declared to be a civil right.
    48    § 3. Section 292 of the executive law  is  amended  by  adding  a  new
    49  subdivision 34 to read as follows:
    50    34.  The  term  "gender  identity or expression" means having or being
    51  perceived as having a gender identity, self-image, appearance,  behavior
    52  or  expression  whether or not that gender identity, self-image, appear-
    53  ance, behavior or expression is different from that traditionally  asso-
    54  ciated with the sex assigned to that person at birth.


        S. 3753--A                          3                         A. 6584--A
 
     1    §  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
     2  amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
     3  follows:
     4    8. To create such advisory councils, local, regional or state-wide, as
     5  in  its  judgment  will aid in effectuating the purposes of this article
     6  and of section eleven of article one of the constitution of this  state,
     7  and  the  division  may  empower them to study the problems of discrimi-
     8  nation in all or specific fields of human relationships or  in  specific
     9  instances of discrimination because of age, race, creed, color, national
    10  origin,  sexual  orientation,  gender  identity  or expression, military
    11  status, sex, disability or marital status and  make  recommendations  to

    12  the  division  for the development of policies and procedures in general
    13  and in specific instances. The advisory councils also shall  disseminate
    14  information  about  the division's activities to organizations and indi-
    15  viduals in their localities. Such advisory councils shall be composed of
    16  representative citizens, serving without pay, but with reimbursement for
    17  actual and necessary traveling  expenses;  and  the  division  may  make
    18  provision for technical and clerical assistance to such councils and for
    19  the expenses of such assistance.
    20    9. To develop human rights plans and policies for the state and assist
    21  in their execution and to make investigations and studies appropriate to
    22  effectuate  this article and to issue such publications and such results
    23  of investigations and research as in its judgement will tend  to  inform

    24  persons  of the rights assured and remedies provided under this article,
    25  to promote good-will and minimize or eliminate discrimination because of
    26  age, race, creed, color, national  origin,  sexual  orientation,  gender
    27  identity  or  expression,  military  status,  sex, disability or marital
    28  status.
    29    § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
    30  of  the executive law, as amended by chapter 75 of the laws of 2005, are
    31  amended to read as follows:
    32    (a) For an employer or licensing agency, because  of  the  age,  race,
    33  creed,  color,  national  origin, sexual orientation, gender identity or
    34  expression, military status, sex, disability, predisposing genetic char-
    35  acteristics, or marital status of any individual, to refuse to  hire  or

    36  employ  or  to bar or to discharge from employment such individual or to
    37  discriminate against such individual in compensation or in terms, condi-
    38  tions or privileges of employment.
    39    (b) For an employment agency to discriminate  against  any  individual
    40  because of age, race, creed, color, national origin, sexual orientation,
    41  gender identity or expression, military status, sex, disability, predis-
    42  posing genetic characteristics, or marital status, in receiving, classi-
    43  fying,  disposing or otherwise acting upon applications for its services
    44  or in referring an applicant or applicants to an employer or employers.
    45    (c) For a labor organization, because of the age, race, creed,  color,
    46  national  origin,  sexual  orientation,  gender  identity or expression,
    47  military status, sex, disability, predisposing genetic  characteristics,

    48  or  marital  status  of  any individual, to exclude or to expel from its
    49  membership such individual or to discriminate in any way against any  of
    50  its  members  or  against  any employer or any individual employed by an
    51  employer.
    52    (d) For any employer or employment agency to  print  or  circulate  or
    53  cause to be printed or circulated any statement, advertisement or publi-
    54  cation,  or to use any form of application for employment or to make any
    55  inquiry in  connection  with  prospective  employment,  which  expresses
    56  directly  or indirectly, any limitation, specification or discrimination

        S. 3753--A                          4                         A. 6584--A
 
     1  as to age, race, creed,  color,  national  origin,  sexual  orientation,
     2  gender identity or expression, military status, sex, disability, predis-

     3  posing genetic characteristics, or marital status, or any intent to make
     4  any  such limitation, specification or discrimination, unless based upon
     5  a bona fide occupational qualification; provided, however, that  neither
     6  this  paragraph  nor any provision of this chapter or other law shall be
     7  construed to prohibit the department of civil service or the  department
     8  of personnel of any city containing more than one county from requesting
     9  information  from  applicants  for civil service examinations concerning
    10  any of the aforementioned characteristics, other than sexual orientation
    11  or gender identity or expression, for the purpose of conducting  studies
    12  to  identify and resolve possible problems in recruitment and testing of
    13  members of minority groups to insure  the  fairest  possible  and  equal
    14  opportunities  for  employment  in  the  civil  service for all persons,

    15  regardless of age, race, creed, color, national  origin,  sexual  orien-
    16  tation, gender identity or expression, military status, sex, disability,
    17  predisposing genetic characteristics, or marital status.
    18    §  6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of
    19  the executive law, as amended by chapter 106 of the laws  of  2003,  are
    20  amended to read as follows:
    21    (b)  To  deny  to  or withhold from any person because of race, creed,
    22  color,  national  origin,  sexual  orientation,   gender   identity   or
    23  expression,  military  status,  sex, age, disability, or marital status,
    24  the right to be admitted to or participate in  a  guidance  program,  an
    25  apprenticeship  training program, on-the-job training program, executive
    26  training program, or other occupational training or retraining program;

    27    (c) To discriminate against any person in his or her pursuit  of  such
    28  programs  or  to discriminate against such a person in the terms, condi-
    29  tions or privileges of such programs  because  of  race,  creed,  color,
    30  national  origin,  sexual  orientation,  gender  identity or expression,
    31  military status, sex, age, disability or marital status;
    32    (d) To print or circulate or cause to be  printed  or  circulated  any
    33  statement,  advertisement or publication, or to use any form of applica-
    34  tion for such programs or to make any inquiry in  connection  with  such
    35  program  which  expresses, directly or indirectly, any limitation, spec-
    36  ification or discrimination as to race, creed, color,  national  origin,
    37  sexual orientation, gender identity or expression, military status, sex,
    38  age,  disability  or  marital  status, or any intention to make any such

    39  limitation, specification or discrimination, unless based on a bona fide
    40  occupational qualification.
    41    § 7. Paragraph (a) of subdivision 2 of section 296  of  the  executive
    42  law,  as  amended by chapter 106 of the laws of 2003, is amended to read
    43  as follows:
    44    (a) It shall be an unlawful discriminatory practice  for  any  person,
    45  being  the  owner, lessee, proprietor, manager, superintendent, agent or
    46  employee of any place of  public  accommodation,  resort  or  amusement,
    47  because  of the race, creed, color, national origin, sexual orientation,
    48  gender identity or expression, military status, sex, [or] disability  or
    49  marital  status  of any person, directly or indirectly, to refuse, with-
    50  hold from or deny to such person any of the accommodations,  advantages,
    51  facilities or privileges thereof, including the extension of credit, or,

    52  directly  or  indirectly, to publish, circulate, issue, display, post or
    53  mail any written or printed communication, notice or  advertisement,  to
    54  the  effect  that  any of the accommodations, advantages, facilities and
    55  privileges of any such place shall be refused, withheld from  or  denied
    56  to  any person on account of race, creed, color, national origin, sexual

        S. 3753--A                          5                         A. 6584--A
 
     1  orientation, gender identity or expression, military status,  sex,  [or]
     2  disability or marital status, or that the patronage or custom thereat of
     3  any  person of or purporting to be of any particular race, creed, color,
     4  national  origin,  sexual  orientation,  gender  identity or expression,
     5  military status, sex or marital status, or having a disability is unwel-

     6  come, objectionable or not acceptable, desired or solicited.
     7    § 8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
     8  296  of  the  executive  law, paragraphs (a), (b) and (c) as amended and
     9  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
    10  to read as follows:
    11    (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
    12  hold  from  any  person  or group of persons such housing accommodations
    13  because of the race, creed, color, disability, national  origin,  sexual
    14  orientation,  gender  identity or expression, military status, age, sex,
    15  marital status, or familial status of such  person  or  persons,  or  to
    16  represent  that  any  housing accommodation or land is not available for
    17  inspection, sale, rental or lease when in fact it is so available.

    18    (b) To discriminate against any person because of  his  or  her  race,
    19  creed,  color,  disability,  national origin, sexual orientation, gender
    20  identity or expression, military status, age, sex,  marital  status,  or
    21  familial  status in the terms, conditions or privileges of any publicly-
    22  assisted housing accommodations or in the furnishing  of  facilities  or
    23  services in connection therewith.
    24    (c) To cause to be made any written or oral inquiry or record concern-
    25  ing  the  race, creed, color, disability, national origin, sexual orien-
    26  tation, gender identity or expression, membership in the  reserve  armed
    27  forces  of  the  United States or in the organized militia of the state,
    28  age, sex, marital status, or familial status of a person seeking to rent
    29  or lease any publicly-assisted housing accommodation; provided, however,

    30  that nothing in this subdivision shall prohibit a member of the  reserve
    31  armed  forces  of  the  United States or in the organized militia of the
    32  state from voluntarily disclosing such membership.
    33    (c-1) To print or circulate or cause to be printed or  circulated  any
    34  statement,  advertisement or publication, or to use any form of applica-
    35  tion for the purchase, rental or lease of such housing accommodation  or
    36  to  make  any  record  or  inquiry  in  connection  with the prospective
    37  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    38  expresses,  directly  or  indirectly,  any  limitation, specification or
    39  discrimination as to race, creed, color, national origin, sexual  orien-
    40  tation,  gender identity or expression, military status, sex, age, disa-
    41  bility, marital status, or familial status, or any intent  to  make  any

    42  such limitation, specification or discrimination.
    43    §  9.  Subdivision 3-b of section 296 of the executive law, as amended
    44  by chapter 106 of the laws of 2003, is amended to read as follows:
    45    3-b. It shall be an unlawful  discriminatory  practice  for  any  real
    46  estate  broker,  real estate salesperson or employee or agent thereof or
    47  any other individual, corporation, partnership or organization  for  the
    48  purpose of inducing a real estate transaction from which any such person
    49  or any of its stockholders or members may benefit financially, to repre-
    50  sent  that a change has occurred or will or may occur in the composition
    51  with respect to race, creed, color, national origin, sexual orientation,
    52  gender identity or expression, military status, sex, disability, marital
    53  status, or familial status of the owners  or  occupants  in  the  block,

    54  neighborhood  or  area  in  which  the  real property is located, and to
    55  represent, directly or indirectly, that this change will or  may  result
    56  in  undesirable consequences in the block, neighborhood or area in which

        S. 3753--A                          6                         A. 6584--A
 
     1  the real property is located, including but not limited to the  lowering
     2  of  property values, an increase in criminal or anti-social behavior, or
     3  a decline in the quality of schools or other facilities.
     4    § 10. Subdivision 4 of section 296 of the executive law, as amended by
     5  chapter 106 of the laws of 2003, is amended to read as follows:
     6    4.  It  shall  be an unlawful discriminatory practice for an education
     7  corporation or association which holds itself out to the  public  to  be
     8  non-sectarian  and  exempt  from  taxation pursuant to the provisions of

     9  article four of the real property tax law to deny the use of its facili-
    10  ties to any person otherwise qualified, or to permit the  harassment  of
    11  any  student or applicant, by reason of his race, color, religion, disa-
    12  bility,  national  origin,  sexual  orientation,  gender   identity   or
    13  expression, military status, sex, age or marital status, except that any
    14  such  institution  which  establishes or maintains a policy of educating
    15  persons of one sex exclusively may admit students of only one sex.
    16    § 11. Subdivision 5 of section 296 of the executive law, as amended by
    17  chapter 106 of the laws of 2003, is amended to read as follows:
    18    5. (a) It shall be an unlawful discriminatory practice for the  owner,
    19  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
    20  having the right  to  sell,  rent  or  lease  a  housing  accommodation,

    21  constructed or to be constructed, or any agent or employee thereof:
    22    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    23  from any person or group of persons such a housing accommodation because
    24  of  the  race, creed, color, national origin, sexual orientation, gender
    25  identity or expression, military status, sex, age,  disability,  marital
    26  status,  or  familial  status of such person or persons, or to represent
    27  that any housing accommodation or land is not available for  inspection,
    28  sale, rental or lease when in fact it is so available.
    29    (2)  To discriminate against any person because of race, creed, color,
    30  national origin, sexual  orientation,  gender  identity  or  expression,
    31  military  status,  sex,  age,  disability,  marital  status, or familial
    32  status in the terms, conditions or privileges of  the  sale,  rental  or

    33  lease  of any such housing accommodation or in the furnishing of facili-
    34  ties or services in connection therewith.
    35    (3) To print or circulate or cause to be  printed  or  circulated  any
    36  statement,  advertisement or publication, or to use any form of applica-
    37  tion for the purchase, rental or lease of such housing accommodation  or
    38  to  make  any  record  or  inquiry  in  connection  with the prospective
    39  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    40  expresses,  directly  or  indirectly,  any  limitation, specification or
    41  discrimination as to race, creed, color, national origin, sexual  orien-
    42  tation,  gender identity or expression, military status, sex, age, disa-
    43  bility, marital status, or familial status, or any intent  to  make  any
    44  such limitation, specification or discrimination.

    45    The provisions of this paragraph (a) shall not apply (1) to the rental
    46  of a housing accommodation in a building which contains housing accommo-
    47  dations  for  not  more  than  two families living independently of each
    48  other, if the owner resides in one of such housing  accommodations,  (2)
    49  to the restriction of the rental of all rooms in a housing accommodation
    50  to  individuals  of the same sex or (3) to the rental of a room or rooms
    51  in a housing accommodation, if such rental is by  the  occupant  of  the
    52  housing  accommodation  or by the owner of the housing accommodation and
    53  the owner resides in such  housing  accommodation  or  (4)  solely  with
    54  respect  to  age  and  familial  status  to the restriction of the sale,
    55  rental or lease of housing accommodations exclusively to persons  sixty-
    56  two  years  of  age  or  older and the spouse of any such person, or for

        S. 3753--A                          7                         A. 6584--A
 
     1  housing intended and operated for  occupancy  by  at  least  one  person
     2  fifty-five  years of age or older per unit. In determining whether hous-
     3  ing is intended and operated for occupancy by persons  fifty-five  years
     4  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
     5  federal Fair Housing Act of 1988, as amended, shall apply.
     6    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
     7  lessee, sub-lessee, or managing agent of, or  other  person  having  the
     8  right of ownership or possession of or the right to sell, rent or lease,
     9  land or commercial space:
    10    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    11  from any person or group of persons land or commercial space because  of

    12  the  race,  creed,  color,  national  origin, sexual orientation, gender
    13  identity or expression, military status, sex, age,  disability,  marital
    14  status,  or  familial  status of such person or persons, or to represent
    15  that any housing accommodation or land is not available for  inspection,
    16  sale, rental or lease when in fact it is so available;
    17    (2)  To discriminate against any person because of race, creed, color,
    18  national origin, sexual  orientation,  gender  identity  or  expression,
    19  military  status,  sex,  age,  disability,  marital  status, or familial
    20  status in the terms, conditions or privileges of  the  sale,  rental  or
    21  lease  of  any  such  land  or commercial space; or in the furnishing of
    22  facilities or services in connection therewith;
    23    (3) To print or circulate or cause to be  printed  or  circulated  any

    24  statement,  advertisement or publication, or to use any form of applica-
    25  tion for the purchase, rental or lease of such land or commercial  space
    26  or  to  make  any  record  or inquiry in connection with the prospective
    27  purchase, rental or  lease  of  such  land  or  commercial  space  which
    28  expresses,  directly  or  indirectly,  any  limitation, specification or
    29  discrimination as to race, creed, color, national origin, sexual  orien-
    30  tation,  gender identity or expression, military status, sex, age, disa-
    31  bility, marital status, or familial status; or any intent  to  make  any
    32  such limitation, specification or discrimination.
    33    (4)  With  respect  to age and familial status, the provisions of this
    34  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    35  lease  of  land  or  commercial  space exclusively to persons fifty-five

    36  years of age or older and the spouse of  any  such  person,  or  to  the
    37  restriction  of  the  sale,  rental  or lease of land to be used for the
    38  construction, or location  of  housing  accommodations  exclusively  for
    39  persons  sixty-two  years  of age or older, or intended and operated for
    40  occupancy by at least one person fifty-five years of age  or  older  per
    41  unit.  In determining whether housing is intended and operated for occu-
    42  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    43  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    44  amended, shall apply.
    45    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
    46  estate broker, real estate salesperson or employee or agent thereof:
    47    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    48  or commercial space to any person or group of persons or  to  refuse  to

    49  negotiate  for  the sale, rental or lease, of any housing accommodation,
    50  land or commercial space to any person or group of  persons  because  of
    51  the  race,  creed,  color,  national  origin, sexual orientation, gender
    52  identity or expression, military status, sex, age,  disability,  marital
    53  status,  or  familial  status of such person or persons, or to represent
    54  that any housing accommodation, land or commercial space is  not  avail-
    55  able  for inspection, sale, rental or lease when in fact it is so avail-
    56  able, or otherwise to deny or withhold any housing  accommodation,  land

        S. 3753--A                          8                         A. 6584--A
 
     1  or commercial space or any facilities of any housing accommodation, land
     2  or  commercial  space from any person or group of persons because of the

     3  race, creed, color, national origin, sexual orientation, gender identity
     4  or expression, military status, sex, age, disability, marital status, or
     5  familial status of such person or persons.
     6    (2)  To  print  or  circulate or cause to be printed or circulated any
     7  statement, advertisement or publication, or to use any form of  applica-
     8  tion  for  the  purchase,  rental or lease of any housing accommodation,
     9  land or commercial space or to make any record or inquiry in  connection
    10  with  the  prospective purchase, rental or lease of any housing accommo-
    11  dation, land or commercial space which expresses, directly or  indirect-
    12  ly,  any limitation, specification, or discrimination as to race, creed,
    13  color,  national  origin,  sexual  orientation,   gender   identity   or
    14  expression,  military  status,  sex, age, disability, marital status, or

    15  familial status; or any intent to make any such  limitation,  specifica-
    16  tion or discrimination.
    17    (3)  With  respect  to age and familial status, the provisions of this
    18  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    19  lease of any housing accommodation, land or commercial space exclusively
    20  to  persons  fifty-five years of age or older and the spouse of any such
    21  person, or to the restriction of the sale, rental or lease of any  hous-
    22  ing accommodation or land to be used for the construction or location of
    23  housing  accommodations  for persons sixty-two years of age or older, or
    24  intended and operated for occupancy by at least  one  person  fifty-five
    25  years  of  age  or  older  per  unit.  In determining whether housing is
    26  intended and operated for occupancy by persons fifty-five years  of  age

    27  or  older,  Sec.    807  (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    28  federal Fair Housing Act of 1988, as amended, shall apply.
    29    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    30  estate board, because of the race, creed, color, national origin, sexual
    31  orientation,  gender  identity or expression, military status, age, sex,
    32  disability, marital status, or familial status of any individual who  is
    33  otherwise  qualified for membership, to exclude or expel such individual
    34  from membership, or to  discriminate  against  such  individual  in  the
    35  terms, conditions and privileges of membership in such board.
    36    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
    37  proprietor or managing agent of, or other person  having  the  right  to
    38  provide care and services in, a private proprietary nursing home, conva-

    39  lescent  home,  or home for adults, or an intermediate care facility, as
    40  defined  in  section  two  of  the  social  services   law,   heretofore
    41  constructed,  or to be constructed, or any agent or employee thereof, to
    42  refuse to provide services and care in such  home  or  facility  to  any
    43  individual  or  to  discriminate  against  any  individual in the terms,
    44  conditions, and privileges of such services and care solely because such
    45  individual is a blind person. For purposes of this paragraph,  a  "blind
    46  person" shall mean a person who is registered as a blind person with the
    47  commission  for the visually handicapped and who meets the definition of
    48  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    49  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
    50  establish a state commission for improving the condition of the blind of

    51  the state of New York, and making an appropriation therefor".
    52    (f) The provisions of this subdivision, as they relate to  age,  shall
    53  not apply to persons under the age of eighteen years.
    54    (g)  It  shall  be  an unlawful discriminatory practice for any person
    55  offering or providing housing accommodations, land or  commercial  space
    56  as described in paragraphs (a), (b), and (c) of this subdivision to make

        S. 3753--A                          9                         A. 6584--A
 
     1  or  cause  to  be  made any written or oral inquiry or record concerning
     2  membership of any person in the state organized militia in  relation  to
     3  the  purchase,  rental  or lease of such housing accommodation, land, or
     4  commercial  space,  provided,  however, that nothing in this subdivision
     5  shall prohibit a member of the state organized militia from  voluntarily

     6  disclosing such membership.
     7    §  12.  Paragraph (a) of subdivision 9 of section 296 of the executive
     8  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
     9  as follows:
    10    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
    11  department or fire company therein, through any member or members there-
    12  of, officers, board of fire commissioners or other body or office having
    13  power of appointment of volunteer firefighters, directly or  indirectly,
    14  by ritualistic practice, constitutional or by-law prescription, by tacit
    15  agreement  among  its  members,  or otherwise, to deny to any individual
    16  membership in any volunteer fire department or fire company therein,  or
    17  to  expel or discriminate against any volunteer member of a fire depart-
    18  ment or fire  company  therein,  because  of  the  race,  creed,  color,

    19  national  origin,  sexual  orientation,  gender  identity or expression,
    20  military status, sex or marital status of such individual.
    21    § 13. Subdivision 13 of section 296 of the executive law,  as  amended
    22  by chapter 106 of the laws of 2003, is amended to read as follows:
    23    13. It shall be an unlawful discriminatory practice (i) for any person
    24  to discriminate against, boycott or blacklist, or to refuse to buy from,
    25  sell  to  or  trade with, any person, because of the race, creed, color,
    26  national origin, sexual  orientation,  gender  identity  or  expression,
    27  military  status  or  sex  of such person, or of such person's partners,
    28  members, stockholders, directors, officers,  managers,  superintendents,
    29  agents,  employees, business associates, suppliers or customers, or (ii)
    30  for any person wilfully to do any act or  refrain  from  doing  any  act

    31  which  enables  any  such  person  to take such action. This subdivision
    32  shall not apply to:
    33    (a) Boycotts connected with labor disputes; or
    34    (b) Boycotts to protest unlawful discriminatory practices.
    35    § 14. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
    36  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
    37  follows:
    38    1. It shall be an unlawful discriminatory practice for any creditor or
    39  any officer, agent or employee thereof:
    40    a. In the  case  of  applications  for  credit  with  respect  to  the
    41  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
    42  nance of any housing accommodation, land or commercial space to discrim-
    43  inate against any such applicant because  of  the  race,  creed,  color,
    44  national  origin,  sexual  orientation,  gender  identity or expression,

    45  military status, age,  sex,  marital  status,  disability,  or  familial
    46  status  of  such  applicant  or  applicants  or any member, stockholder,
    47  director, officer or employee of such applicant or applicants, or of the
    48  prospective occupants or tenants of such housing accommodation, land  or
    49  commercial  space,  in the granting, withholding, extending or renewing,
    50  or in the fixing of the rates, terms or conditions of, any such credit;
    51    b. To discriminate in the granting, withholding, extending  or  renew-
    52  ing,  or in the fixing of the rates, terms or conditions of, any form of
    53  credit, on the basis of race,  creed,  color,  national  origin,  sexual
    54  orientation,  gender  identity or expression, military status, age, sex,
    55  marital status, disability, or familial status;

        S. 3753--A                         10                         A. 6584--A

 
     1    c. To use any form of application for credit or use or make any record
     2  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
     3  specification,  or  discrimination  as  to  race, creed, color, national
     4  origin, sexual orientation,  gender  identity  or  expression,  military
     5  status, age, sex, marital status, disability, or familial status;
     6    d.  To make any inquiry of an applicant concerning his or her capacity
     7  to reproduce, or his or her use or advocacy of any form of birth control
     8  or family planning;
     9    e. To refuse to consider  sources  of  an  applicant's  income  or  to
    10  subject  an  applicant's  income  to  discounting,  in whole or in part,
    11  because of an applicant's race, creed, color,  national  origin,  sexual
    12  orientation,  gender  identity or expression, military status, age, sex,

    13  marital status, childbearing potential, disability, or familial status;
    14    f. To discriminate  against  a  married  person  because  such  person
    15  neither uses nor is known by the surname of his or her spouse.
    16    This  paragraph  shall  not  apply to any situation where the use of a
    17  surname would constitute or result in a criminal act.
    18    2. Without limiting the generality of subdivision one of this section,
    19  it shall be considered discriminatory if, because of an  applicant's  or
    20  class  of applicants' race, creed, color, national origin, sexual orien-
    21  tation, gender identity or expression, military status, age, sex,  mari-
    22  tal  status or disability, or familial status, (i) an applicant or class
    23  of applicants is denied credit in circumstances where  other  applicants
    24  of  like  overall  credit worthiness are granted credit, or (ii) special

    25  requirements or conditions, such as requiring co-obligors or  reapplica-
    26  tion upon marriage, are imposed upon an applicant or class of applicants
    27  in  circumstances  where  similar  requirements  or  conditions  are not
    28  imposed upon other applicants of like overall credit worthiness.
    29    3. It shall not  be  considered  discriminatory  if  credit  differen-
    30  tiations  or  decisions  are based upon factually supportable, objective
    31  differences in applicants' overall credit worthiness, which may  include
    32  reference  to  such  factors  as current income, assets and prior credit
    33  history of such applicants, as well as reference to any  other  relevant
    34  factually  supportable  data;  provided, however, that no creditor shall
    35  consider, in evaluating the credit worthiness of an applicant, aggregate
    36  statistics or assumptions  relating  to  race,  creed,  color,  national

    37  origin,  sexual  orientation,  gender  identity  or expression, military
    38  status, sex, marital status or disability, or to the likelihood  of  any
    39  group of persons bearing or rearing children, or for that reason receiv-
    40  ing diminished or interrupted income in the future.
    41    § 15. Section 40-c of the civil rights law, as amended by chapter 2 of
    42  the laws of 2002, is amended to read as follows:
    43    § 40-c. Discrimination. 1. All persons within the jurisdiction of this
    44  state  shall  be  entitled  to  the equal protection of the laws of this
    45  state or any subdivision thereof.
    46    2. No person shall, because of race, creed,  color,  national  origin,
    47  sex,  marital status, sexual orientation, gender identity or expression,
    48  or disability, as such term is defined in section two hundred ninety-two

    49  of the executive law, be subjected to any discrimination in his  or  her
    50  civil  rights, or to any harassment, as defined in section 240.25 of the
    51  penal law, in the exercise thereof, by any other person or by any  firm,
    52  corporation or institution, or by the state or any agency or subdivision
    53  of the state.
    54    §  16.  Paragraph (a) of subdivision 1 of section 313 of the education
    55  law, as amended by chapter 2 of the laws of 2002, is amended to read  as
    56  follows:

        S. 3753--A                         11                         A. 6584--A
 
     1    (a) It is hereby declared to be the policy of the state that the Amer-
     2  ican  ideal of equality of opportunity requires that students, otherwise
     3  qualified, be admitted to educational institutions and be  given  access
     4  to all the educational programs and courses operated or provided by such

     5  institutions  without regard to race, color, sex, religion, creed, mari-
     6  tal status, age, sexual orientation as defined in  section  two  hundred
     7  ninety-two  of  the  executive  law,  gender  identity  or expression as
     8  defined in section two hundred  ninety-two  of  the  executive  law,  or
     9  national origin, except that, with regard to religious or denominational
    10  educational  institutions, students, otherwise qualified, shall have the
    11  equal opportunity to attend therein without  discrimination  because  of
    12  race,  color, sex, marital status, age, sexual orientation as defined in
    13  section two hundred ninety-two of the executive law, gender identity  or
    14  expression as defined in section two hundred ninety-two of the executive
    15  law,  or national origin. It is a fundamental American right for members

    16  of various religious faiths to establish and maintain educational insti-
    17  tutions exclusively or primarily for students  of  their  own  religious
    18  faith  or to effectuate the religious principles in furtherance of which
    19  they are maintained. Nothing herein contained shall  impair  or  abridge
    20  that right.
    21    § 17. Subdivision 3 of section 313 of the education law, as amended by
    22  chapter 2 of the laws of 2002, is amended to read as follows:
    23    (3)  Unfair  educational  practices. It shall be an unfair educational
    24  practice for an educational institution after September fifteenth, nine-
    25  teen hundred forty-eight:
    26    (a) To exclude or limit or otherwise discriminate against  any  person
    27  or  persons  seeking admission as students to such institution or to any
    28  educational program or course operated or provided by  such  institution

    29  because of race, religion, creed, sex, color, marital status, age, sexu-
    30  al orientation as defined in section two hundred ninety-two of the exec-
    31  utive  law,  gender  identity  or  expression  as defined in section two
    32  hundred ninety-two of the executive law, or national origin; except that
    33  nothing in this section shall be deemed to affect, in any way, the right
    34  of a religious or denominational educational institution to  select  its
    35  students  exclusively  or  primarily  from  members  of such religion or
    36  denomination or from giving preference in such selection to such members
    37  or to make such selection of its  students  as  is  calculated  by  such
    38  institution  to  promote the religious principles for which it is estab-
    39  lished or maintained. Nothing herein contained shall impair  or  abridge
    40  the  right of an independent institution, which establishes or maintains

    41  a policy of educating persons of one sex exclusively, to admit  students
    42  of only one sex.
    43    (b) To penalize any individual because he or she has initiated, testi-
    44  fied, participated or assisted in any proceedings under this section.
    45    (c)  To  accept any endowment or gift of money or property conditioned
    46  upon teaching the doctrine of supremacy of any particular race.
    47    (d) With respect to any individual who withdraws  from  attendance  to
    48  serve on active duty in the armed forces of the United States in time of
    49  war,  including  any individual who withdrew from attendance on or after
    50  August second, nineteen hundred ninety to serve on active  duty  in  the
    51  armed  forces  of the United States in the Persian Gulf conflict: (i) to
    52  deny or limit the readmission of such individual to such institution  or
    53  to any educational program or course operated or provided by such insti-

    54  tution  because  of  such  withdrawal  from attendance or because of the
    55  failure to complete any educational program or course due to such  with-
    56  drawal;  (ii)  to  impose any academic penalty on such person because of

        S. 3753--A                         12                         A. 6584--A
 
     1  such withdrawal or because of the failure to  complete  any  educational
     2  program  or  course due to such withdrawal; (iii) to reduce or eliminate
     3  any financial aid award granted to such individual which  could  not  be
     4  used,  in  whole  or  part, because of such withdrawal or because of the
     5  failure to complete any educational program or course due to such  with-
     6  drawal;  or  (iv)  to  fail to provide a credit or refund of tuition and
     7  fees paid by such individual for  any  semester,  term  or  quarter  not

     8  completed  because  of  such  withdrawal  or  because  of the failure to
     9  complete any program or course due to such withdrawal.
    10    (e) It shall not be an unfair educational practice for any educational
    11  institution to use criteria  other  than  race,  religion,  creed,  sex,
    12  color, marital status, age, sexual orientation as defined in section two
    13  hundred  ninety-two  of the executive law, gender identity or expression
    14  as defined in section two hundred ninety-two of the  executive  law,  or
    15  national  origin  in the admission of students to such institution or to
    16  any of the educational programs and courses operated or provided by such
    17  institution.
    18    § 18. Section 485.00 of the penal law, as added by chapter 107 of  the
    19  laws of 2000, is amended to read as follows:
    20  § 485.00 Legislative findings.

    21    The legislature finds and determines as follows: criminal acts involv-
    22  ing  violence,  intimidation and destruction of property based upon bias
    23  and prejudice have become more prevalent in New  York  state  in  recent
    24  years.    The  intolerable  truth  is that in these crimes, commonly and
    25  justly referred to as "hate crimes", victims are intentionally selected,
    26  in whole or in part, because of  their  race,  color,  national  origin,
    27  ancestry,  gender,  gender  identity  or expression, religion, religious
    28  practice, age, disability or sexual orientation.  Hate  crimes  do  more
    29  than  threaten  the  safety and welfare of all citizens. They inflict on
    30  victims incalculable physical and emotional damage and tear at the  very
    31  fabric  of  free  society.  Crimes  motivated by invidious hatred toward
    32  particular groups not only harm individual victims but send  a  powerful

    33  message of intolerance and discrimination to all members of the group to
    34  which the victim belongs.  Hate crimes can and do intimidate and disrupt
    35  entire communities and vitiate the civility that is essential to healthy
    36  democratic  processes.    In  a  democratic  society, citizens cannot be
    37  required to approve of the beliefs and practices  of  others,  but  must
    38  never  commit  criminal  acts  on  account of them. Current law does not
    39  adequately recognize the harm to public order and individual safety that
    40  hate crimes cause. Therefore, our laws must be strengthened  to  provide
    41  clear  recognition  of  the  gravity  of  hate crimes and the compelling
    42  importance of preventing their recurrence.
    43    Accordingly, the legislature  finds  and  declares  that  hate  crimes
    44  should be prosecuted and punished with appropriate severity.

    45    §  19.  Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as
    46  added by chapter 107 of the  laws  of  2000,  are  amended  to  read  as
    47  follows:
    48    1.  A  person  commits a hate crime when he or she commits a specified
    49  offense and either:
    50    (a) intentionally selects the  person  against  whom  the  offense  is
    51  committed  or  intended  to be committed in whole or in substantial part
    52  because of a belief or perception regarding the  race,  color,  national
    53  origin, ancestry, gender, gender identity or expression, religion, reli-
    54  gious  practice,  age,  disability  or  sexual  orientation of a person,
    55  regardless of whether the belief or perception is correct, or

        S. 3753--A                         13                         A. 6584--A
 
     1    (b) intentionally commits the act or acts constituting the offense  in

     2  whole or in substantial part because of a belief or perception regarding
     3  the  race,  color, national origin, ancestry, gender, gender identity or
     4  expression, religion, religious  practice,  age,  disability  or  sexual
     5  orientation  of a person, regardless of whether the belief or perception
     6  is correct.
     7    2. Proof of race, color, national  origin,  ancestry,  gender,  gender
     8  identity or expression, religion, religious practice, age, disability or
     9  sexual orientation of the defendant, the victim or of both the defendant
    10  and  the  victim  does  not,  by  itself,  constitute legally sufficient
    11  evidence satisfying the people's burden under paragraph (a)  or  (b)  of
    12  subdivision one of this section.
    13    4. For purposes of this section:
    14    (a) the term "age" means sixty years old or more;

    15    (b)  the  term "disability" means a physical or mental impairment that
    16  substantially limits a major life activity[.];
    17    (c) the term "gender identity or expression"  means  having  or  being
    18  perceived  as having a gender identity, self-image, appearance, behavior
    19  or expression whether or not that gender identity,  self-image,  appear-
    20  ance,  behavior or expression is different from that traditionally asso-
    21  ciated with the sex assigned to that person at birth.
    22    § 20. Subdivision 3 of section 240.30 of the penal law, as amended  by
    23  chapter 107 of the laws of 2000, is amended to read as follows:
    24    3.  Strikes,  shoves,  kicks,  or otherwise subjects another person to
    25  physical contact, or attempts or threatens to do the same because  of  a

    26  belief  or  perception  regarding  such  person's  race, color, national
    27  origin, ancestry, gender, gender identity or expression, religion, reli-
    28  gious practice, age, disability or  sexual  orientation,  regardless  of
    29  whether the belief or perception is correct; or
    30    §  21.  The  opening  paragraph of section 240.31 of the penal law, as
    31  amended by chapter 49 of the  laws  of  2006,  is  amended  to  read  as
    32  follows:
    33    A  person  is guilty of aggravated harassment in the first degree when
    34  with intent to harass, annoy, threaten or alarm another person,  because
    35  of  a belief or perception regarding such person's race, color, national
    36  origin, ancestry, gender, gender identity or expression, religion, reli-
    37  gious practice, age, disability or  sexual  orientation,  regardless  of
    38  whether the belief or perception is correct, he or she:

    39    §  22.  Section  240.00  of  the  penal law is amended by adding a new
    40  subdivision 7 to read as follows:
    41    7. "Gender identity or expression" means having or being perceived  as
    42  having a gender identity, self-image, appearance, behavior or expression
    43  whether or not that gender identity, self-image, appearance, behavior or
    44  expression  is different from that traditionally associated with the sex
    45  assigned to that person at birth.
    46    § 23. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
    47  procedure law, as amended by chapter 7 of the laws of 2007,  is  amended
    48  to read as follows:
    49    (c) in the case of any hate crime, as defined in section 485.05 of the
    50  penal  law,  specifies,  as applicable, that the defendant or defendants

    51  intentionally selected the person against whom the offense was committed
    52  or intended to be committed; or intentionally committed the act or  acts
    53  constituting  the  offense, in whole or in substantial part because of a
    54  belief or perception regarding the race, color, national origin,  ances-
    55  try,  gender,  gender  identity or expression, religion, religious prac-
    56  tice, age, disability or sexual orientation of a person; and

        S. 3753--A                         14                         A. 6584--A
 
     1    § 24. This act shall take effect on the thirtieth day after  it  shall
     2  have  become  a  law;  provided, however, that sections eighteen through
     3  twenty-three of this act shall take effect on the first of November next
     4  succeeding the date on which it shall have become a law.
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