- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
A04558 Summary:
BILL NO | A04558B |
  | |
SAME AS | SAME AS S00061-B |
  | |
SPONSOR | Gottfried |
  | |
COSPNSR | Glick, O'Donnell, Titone, Bronson, Morelle, Brennan, Rosenthal, Dinowitz, Cook, Hevesi, Schimel, Kavanagh, Cahill, Englebright, Paulin, Ryan, Abinanti, Moya, Sepulveda, Mosley, Arroyo, Pichardo, Davila, Ortiz, Rozic, Weprin, Mayer, Blake, Linares, Russell, Steck, Bichotte, Hunter, Cancel, Harris |
  | |
MLTSPNSR | Aubry, Benedetto, Braunstein, Buchwald, DenDekker, Fahy, Farrell, Galef, Gunther, Hooper, Jaffee, Lavine, Lifton, Lupardo, Magnarelli, Markey, McDonald, Otis, Peoples-Stokes, Perry, Pretlow, Quart, Ramos, Rivera, Robinson, Seawright, Simon, Simotas, Skartados, Skoufis, Solages, Thiele, Wright |
  | |
Amd §§291, 292, 295, 296, 296-a & 296-b, Exec L; amd §40-c, Civ Rts L; amd §313, Ed L; amd §§485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd §200.50, 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. |
A04558 Actions:
BILL NO | A04558B | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
02/03/2015 | referred to governmental operations | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2015 | amend and recommit to governmental operations | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2015 | print number 4558a | |||||||||||||||||||||||||||||||||||||||||||||||||
04/22/2015 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
04/22/2015 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
04/23/2015 | advanced to third reading cal.196 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2015 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2015 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2015 | REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | ordered to third reading cal.183 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/09/2016 | amended on third reading 4558b | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2016 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2016 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2016 | REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS |
A04558 Floor Votes:
Yes
Abbate
No
Corwin
No
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Silver
Yes
Abinanti
Yes
Crespo
Yes
Gottfried
No
Lupinacci
Yes
Peoples-Stokes
No
Simanowitz
Yes
Arroyo
No
Crouch
No
Graf
No
Magee
ER
Perry
Yes
Simon
Yes
Aubry
No
Curran
Yes
Gunther
Yes
Magnarelli
Yes
Persaud
Yes
Simotas
No
Barclay
No
Cusick
No
Hawley
No
Malliotakis
Yes
Pichardo
Yes
Skartados
Yes
Barrett
No
Cymbrowitz
Yes
Hevesi
Yes
Markey
Yes
Pretlow
Yes
Skoufis
Yes
Barron
Yes
Davila
No
Hikind
Yes
Mayer
Yes
Quart
Yes
Solages
Yes
Benedetto
Yes
DenDekker
Yes
Hooper
Yes
McDonald
No
Ra
No
Stec
Yes
Bichotte
Yes
Dilan
Yes
Jaffee
No
McDonough
No
Raia
Yes
Steck
Yes
Blake
Yes
Dinowitz
Yes
Jean-Pierre
No
McKevitt
Yes
Ramos
Yes
Stirpe
No
Blankenbush
No
DiPietro
No
Johns
No
McLaughlin
ER
Richardson
No
Tedisco
No
Borelli
Yes
Duprey
Yes
Joyner
No
Miller
Yes
Rivera
No
Tenney
No
Brabenec
Yes
Englebright
Yes
Kaminsky
No
Montesano
Yes
Roberts
Yes
Thiele
Yes
Braunstein
Yes
Fahy
ER
Katz
Yes
Morelle
Yes
Robinson
Yes
Titone
Yes
Brennan
Yes
Farrell
ER
Kavanagh
Yes
Mosley
ER
Rodriguez
Yes
Titus
Yes
Brindisi
No
Finch
No
Kearns
Yes
Moya
Yes
Rosenthal
Yes
Walker
Yes
Bronson
No
Fitzpatrick
Yes
Kim
No
Murray
Yes
Rozic
No
Walter
Yes
Brook-Krasny
No
Friend
No
Kolb
No
Nojay
Yes
Russell
Yes
Weinstein
Yes
Buchwald
Yes
Galef
No
Lalor
Yes
Nolan
Yes
Ryan
Yes
Weprin
No
Butler
Yes
Gantt
ER
Lavine
No
Oaks
No
Saladino
Yes
Woerner
Yes
Cahill
No
Garbarino
No
Lawrence
Yes
O'Donnell
No
Santabarbara
No
Wozniak
No
Ceretto
No
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Wright
ER
Clark
Yes
Gjonaj
Yes
Lifton
Yes
Otis
No
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Linares
No
Palmesano
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
No
Goldfeder
No
Lopez
No
Palumbo
Yes
Sepulveda
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Crespo
Yes
Gottfried
No
Lopez
No
Palumbo
Yes
Simon
Yes
Abinanti
No
Crouch
No
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
ER
Arroyo
No
Curran
Yes
Gunther
ER
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
No
Cusick
Yes
Harris
No
Magee
Yes
Perry
Yes
Skoufis
No
Barclay
No
Cymbrowitz
No
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
No
Malliotakis
Yes
Pretlow
No
Stec
Yes
Barron
Yes
DenDekker
No
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
ER
Hooper
Yes
Mayer
No
Ra
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
No
Raia
No
Tedisco
Yes
Blake
No
DiPietro
Yes
Hyndman
No
McDonough
ER
Ramos
No
Tenney
No
Blankenbush
Yes
Duprey
Yes
Jaffee
No
McKevitt
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Englebright
Yes
Jean-Pierre
No
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
No
Johns
No
Miller
ER
Robinson
Yes
Titus
Yes
Brennan
Yes
Farrell
Yes
Joyner
No
Montesano
ER
Rodriguez
Yes
Walker
Yes
Brindisi
No
Finch
No
Katz
Yes
Morelle
Yes
Rosenthal
No
Walter
Yes
Bronson
No
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
No
Friend
No
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
ER
Butler
Yes
Galef
Yes
Kim
No
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
ER
Gantt
ER
Kolb
No
Nojay
No
Saladino
Yes
Woerner
Yes
Cancel
No
Garbarino
No
Lalor
ER
Nolan
No
Santabarbara
ER
Wozniak
No
Castorina
No
Giglio
Yes
Lavine
No
Oaks
Yes
Schimel
Yes
Wright
No
Ceretto
Yes
Gjonaj
No
Lawrence
Yes
O'Donnell
No
Schimminger
Yes
Zebrowski
Yes
Colton
ER
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
ER
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
No
Corwin
No
Goodell
Yes
Linares
No
Palmesano
No
Simanowitz
‡ Indicates voting via videoconference
A04558 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A4558B SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the executive law, the civil rights law and the education 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 treatment as hate crimes   PURPOSE OR GENERAL IDEA OF BILL: To prohibit discrimination based on gender identity or expression, and include offenses regarding gender identity or expression under the hate crimes statute.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 declares the legislative intent. Section 3 adds new Subdivision 35 to Section 292 of the Executive Law, defining "gender identity or expression." Other sections add "gender identity or expression" to list of factors that prohibit discrimination, as follows: Existing Law Section Description of Section Sec. 2 Exec. § 291(1)&(2) Equality of opportunity defined as a civil right Sec. 4 Exec. § 295(8)&(9) Division of Human Rights powers and duties Sec. 5 Exec. § 296(1) Employers, licensing agencies, employment agencies, and labor organizations Sec. 6 Exec. § 296(1-a) Apprenticeship training programs Sec. 7 Exec. § 296(2) Places of public accommodation, resort or amusement Sec. 8 Exec. § 296(2-a) Publicly-assisted housing Sec. 9 Exec. § 296(3-b) Realtors representing that a change has occurred or may occur in the composition of a neighborhood Sec.10 Exec. § 296(4) Nonsectarian education corporations or associations Sec.11 Exec. § 296(5) Private housing accommodations keeping the exemption and commercial space, for small, owner-occupied housing Sec.12 Exec. § 296(9) Volunteer fire department membership Sec.13 Exec. § 296(13) Commercial boycotts and blacklists Sec.14 Exec. § 296-a(1),(2)&(3) Credit Sec.15 Exec. § 296-b(2) Domestic worker harassment Sec.16 Civil Rights § 40-c Civil rights Sec.17 Educ. § 313(1) Education institutions, without affecting the rights of religious education institutions Sec.18 Educ. § 313(3) Unfair educational practices Sections 19 through 24 amend various provisions of the Penal Law and the Criminal Procedure Law to add "gender identity or expression" to the list of factors that can make a crime a "hate crime." Section 25 provides for an effective date.   JUSTIFICATION: Neither federal nor state statutes ban discrimination based on gender identity and expression in areas of employment, housing or public accom- modations. Because sexual orientation and gender identity and expression are different, courts generally have not interpreted sexual orientation nondiscrimination laws to include transgender discrimination. Eighteen states, the District of Columbia and Puerto Rico, and 157 cities and counties in the United States including the cities of Albany, Buffalo, Ithaca, New York, Rochester and Syracuse, and the counties of Albany, Suffolk, Tompkins and Westchester have passed transgender-inclusive civil rights legislation. This legislation would extend those protections statewide.   PRIOR LEGISLATIVE HISTORY: 2003: A.8319-A reported to Rules; 2004: A8319-A referred to Governmental Operations; 2005: A.7438 reported to Codes; 2006: A.7438 referred to Governmental Operations; 2007: A.6584 reported to Codes; S.3753 referred to Investigations and Gov't. Operations 2008: A.6584-A passed Assembly; S.3753 referred to Investigations and Gov't. Operations 2009-10: A.5710 - passed Assembly; S.2406 referred to Investigations and Gov't. Operations 2011-12: A.5039 - passed Assembly; S.2873/S.6349 referred to Investi- gations and Gov't Operations 2013: A4226 - passed Assembly; S195 referred to Investigations and Gov't. Operations 2014: A4226-B passed Assembly; S195-B referred to Investigations and Gov't. Operations   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal fiscal impact.   EFFECTIVE DATE: Thirty days after it shall have become law, except sections 19 through 24 will be effective on the first of November next succeeding the date on which it shall have become law.
A04558 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4558--B Cal. No. 183 2015-2016 Regular Sessions IN ASSEMBLY February 3, 2015 ___________ Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON, MORELLE, BRENNAN, ROSENTHAL, DINOWITZ, COOK, HEVESI, SCHIMEL, KAVANAGH, CAHILL, ENGLEBRIGHT, PAULIN, RYAN, ABINANTI, MOYA, SEPULVE- DA, MOSLEY, ARROYO, PICHARDO, DAVILA, ORTIZ, ROZIC, WEPRIN, MAYER, KAMINSKY, BLAKE, LINARES, RUSSELL, STECK, BICHOTTE, HUNTER -- Multi- Sponsored by -- M. of A. AUBRY, BENEDETTO, BRAUNSTEIN, BUCHWALD, DenDEKKER, FAHY, FARRELL, GALEF, GUNTHER, HOOPER, JAFFEE, LAVINE, LIFTON, LUPARDO, MAGNARELLI, MARKEY, McDONALD, OTIS, PEOPLES-STOKES, PERRY, PRETLOW, QUART, RAMOS, RIVERA, ROBINSON, SEAWRIGHT, SIMON, SIMOTAS, SKARTADOS, SKOUFIS, SOLAGES, THIELE, WRIGHT -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading 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: 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00167-05-6A. 4558--B 2 1 threatens the peace, order, health, safety and general welfare of the 2 state and its inhabitants. 3 The legislature further finds that many residents of this state have 4 encountered prejudice on account of their gender identity or expression, 5 and that this prejudice has severely limited or actually prevented 6 access to employment, housing and other basic necessities of life, lead- 7 ing to deprivation and suffering. The legislature further recognizes 8 that this prejudice has fostered a general climate of hostility and 9 distrust, leading in some instances to physical violence against those 10 perceived to live in a gender identity or expression which is different 11 from that traditionally associated with the sex assigned to that person 12 at birth. 13 In so doing, the legislature makes clear its action is not intended to 14 promote any particular attitude, course of conduct or way of life. Rath- 15 er its purpose is to ensure that individuals who live in our free socie- 16 ty have the capacity to make their own choices, follow their own beliefs 17 and conduct their own lives as they see fit, consistent with existing 18 law. 19 The legislature further finds that, as court decisions have properly 20 held, New York's sex discrimination laws prohibit discrimination based 21 on gender stereotypes or because an individual has transitioned or 22 intends to transition from one gender to another. This legislation is 23 intended to codify this principle and to ensure that the public under- 24 stands that discrimination on the basis of gender identity and 25 expression is prohibited. 26 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as 27 amended by chapter 196 of the laws of 2010, are amended to read as 28 follows: 29 1. The opportunity to obtain employment without discrimination because 30 of age, race, creed, color, national origin, sexual orientation, gender 31 identity or expression, military status, sex, marital status, or disa- 32 bility, is hereby recognized as and declared to be a civil right. 33 2. The opportunity to obtain education, the use of places of public 34 accommodation and the ownership, use and occupancy of housing accommo- 35 dations and commercial space without discrimination because of age, 36 race, creed, color, national origin, sexual orientation, gender identity 37 or expression, military status, sex, marital status, or disability, as 38 specified in section two hundred ninety-six of this article, is hereby 39 recognized as and declared to be a civil right. 40 § 3. Section 292 of the executive law is amended by adding a new 41 subdivision 35 to read as follows: 42 35. The term "gender identity or expression" means a person's actual 43 or perceived gender-related identity, appearance, behavior, expression, 44 or other gender-related characteristic regardless of the sex assigned to 45 that person at birth, including, but not limited to, the status of being 46 transgender. 47 § 4. Subdivisions 8 and 9 of section 295 of the executive law, as 48 amended by chapter 106 of the laws of 2003, are amended to read as 49 follows: 50 8. To create such advisory councils, local, regional or state-wide, as 51 in its judgment will aid in effectuating the purposes of this article 52 and of section eleven of article one of the constitution of this state, 53 and the division may empower them to study the problems of discrimi- 54 nation in all or specific fields of human relationships or in specific 55 instances of discrimination because of age, race, creed, color, national 56 origin, sexual orientation, gender identity or expression, militaryA. 4558--B 3 1 status, sex, disability or marital status and make recommendations to 2 the division for the development of policies and procedures in general 3 and in specific instances. The advisory councils also shall disseminate 4 information about the division's activities to organizations and indi- 5 viduals in their localities. Such advisory councils shall be composed of 6 representative citizens, serving without pay, but with reimbursement for 7 actual and necessary traveling expenses; and the division may make 8 provision for technical and clerical assistance to such councils and for 9 the expenses of such assistance. 10 9. To develop human rights plans and policies for the state and assist 11 in their execution and to make investigations and studies appropriate to 12 effectuate this article and to issue such publications and such results 13 of investigations and research as in its judgement will tend to inform 14 persons of the rights assured and remedies provided under this article, 15 to promote good-will and minimize or eliminate discrimination because of 16 age, race, creed, color, national origin, sexual orientation, gender 17 identity or expression, military status, sex, disability or marital 18 status. 19 § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296 20 of the executive law, as amended by chapter 365 of the laws of 2015, are 21 amended to read as follows: 22 (a) For an employer or licensing agency, because of an individual's 23 age, race, creed, color, national origin, sexual orientation, gender 24 identity or expression, military status, sex, disability, predisposing 25 genetic characteristics, familial status, marital status, or domestic 26 violence victim status, to refuse to hire or employ or to bar or to 27 discharge from employment such individual or to discriminate against 28 such individual in compensation or in terms, conditions or privileges of 29 employment. 30 (b) For an employment agency to discriminate against any individual 31 because of age, race, creed, color, national origin, sexual orientation, 32 gender identity or expression, military status, sex, disability, predis- 33 posing genetic characteristics, familial status, or marital status, in 34 receiving, classifying, disposing or otherwise acting upon applications 35 for its services or in referring an applicant or applicants to an 36 employer or employers. 37 (c) For a labor organization, because of the age, race, creed, color, 38 national origin, sexual orientation, gender identity or expression, 39 military status, sex, disability, predisposing genetic characteristics, 40 familial status, or marital status of any individual, to exclude or to 41 expel from its membership such individual or to discriminate in any way 42 against any of its members or against any employer or any individual 43 employed by an employer. 44 (d) For any employer or employment agency to print or circulate or 45 cause to be printed or circulated any statement, advertisement or publi- 46 cation, or to use any form of application for employment or to make any 47 inquiry in connection with prospective employment, which expresses 48 directly or indirectly, any limitation, specification or discrimination 49 as to age, race, creed, color, national origin, sexual orientation, 50 gender identity or expression, military status, sex, disability, predis- 51 posing genetic characteristics, familial status, or marital status, or 52 any intent to make any such limitation, specification or discrimination, 53 unless based upon a bona fide occupational qualification; provided, 54 however, that neither this paragraph nor any provision of this chapter 55 or other law shall be construed to prohibit the department of civil 56 service or the department of personnel of any city containing more thanA. 4558--B 4 1 one county from requesting information from applicants for civil service 2 examinations concerning any of the aforementioned characteristics, other 3 than sexual orientation, for the purpose of conducting studies to iden- 4 tify and resolve possible problems in recruitment and testing of members 5 of minority groups to insure the fairest possible and equal opportu- 6 nities for employment in the civil service for all persons, regardless 7 of age, race, creed, color, national origin, sexual orientation or 8 gender identity or expression, military status, sex, disability, predis- 9 posing genetic characteristics, familial status, or marital status. 10 § 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 11 the executive law, as amended by chapter 365 of the laws of 2015, are 12 amended to read as follows: 13 (b) To deny to or withhold from any person because of race, creed, 14 color, national origin, sexual orientation, gender identity or 15 expression, military status, sex, age, disability, familial status, or 16 marital status, the right to be admitted to or participate in a guidance 17 program, an apprenticeship training program, on-the-job training 18 program, executive training program, or other occupational training or 19 retraining program; 20 (c) To discriminate against any person in his or her pursuit of such 21 programs or to discriminate against such a person in the terms, condi- 22 tions or privileges of such programs because of race, creed, color, 23 national origin, sexual orientation, gender identity or expression, 24 military status, sex, age, disability, familial status or marital 25 status; 26 (d) To print or circulate or cause to be printed or circulated any 27 statement, advertisement or publication, or to use any form of applica- 28 tion for such programs or to make any inquiry in connection with such 29 program which expresses, directly or indirectly, any limitation, spec- 30 ification or discrimination as to race, creed, color, national origin, 31 sexual orientation, gender identity or expression, military status, sex, 32 age, disability, familial status or marital status, or any intention to 33 make any such limitation, specification or discrimination, unless based 34 on a bona fide occupational qualification. 35 § 7. Paragraph (a) of subdivision 2 of section 296 of the executive 36 law, as amended by chapter 106 of the laws of 2003, is amended to read 37 as follows: 38 (a) It shall be an unlawful discriminatory practice for any person, 39 being the owner, lessee, proprietor, manager, superintendent, agent or 40 employee of any place of public accommodation, resort or amusement, 41 because of the race, creed, color, national origin, sexual orientation, 42 gender identity or expression, military status, sex, [or] disability or 43 marital status of any person, directly or indirectly, to refuse, with- 44 hold from or deny to such person any of the accommodations, advantages, 45 facilities or privileges thereof, including the extension of credit, or, 46 directly or indirectly, to publish, circulate, issue, display, post or 47 mail any written or printed communication, notice or advertisement, to 48 the effect that any of the accommodations, advantages, facilities and 49 privileges of any such place shall be refused, withheld from or denied 50 to any person on account of race, creed, color, national origin, sexual 51 orientation, gender identity or expression, military status, sex, [or] 52 disability or marital status, or that the patronage or custom thereat of 53 any person of or purporting to be of any particular race, creed, color, 54 national origin, sexual orientation, gender identity or expression, 55 military status, sex or marital status, or having a disability is unwel- 56 come, objectionable or not acceptable, desired or solicited.A. 4558--B 5 1 § 8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 2 296 of the executive law, paragraphs (a), (b) and (c) as amended and 3 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended 4 to read as follows: 5 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 6 hold from any person or group of persons such housing accommodations 7 because of the race, creed, color, disability, national origin, sexual 8 orientation, gender identity or expression, military status, age, sex, 9 marital status, or familial status of such person or persons, or to 10 represent that any housing accommodation or land is not available for 11 inspection, sale, rental or lease when in fact it is so available. 12 (b) To discriminate against any person because of his or her race, 13 creed, color, disability, national origin, sexual orientation, gender 14 identity or expression, military status, age, sex, marital status, or 15 familial status in the terms, conditions or privileges of any publicly- 16 assisted housing accommodations or in the furnishing of facilities or 17 services in connection therewith. 18 (c) To cause to be made any written or oral inquiry or record concern- 19 ing the race, creed, color, disability, national origin, sexual orien- 20 tation, gender identity or expression, membership in the reserve armed 21 forces of the United States or in the organized militia of the state, 22 age, sex, marital status, or familial status of a person seeking to rent 23 or lease any publicly-assisted housing accommodation; provided, however, 24 that nothing in this subdivision shall prohibit a member of the reserve 25 armed forces of the United States or in the organized militia of the 26 state from voluntarily disclosing such membership. 27 (c-1) To print or circulate or cause to be printed or circulated any 28 statement, advertisement or publication, or to use any form of applica- 29 tion for the purchase, rental or lease of such housing accommodation or 30 to make any record or inquiry in connection with the prospective 31 purchase, rental or lease of such a housing accommodation which 32 expresses, directly or indirectly, any limitation, specification or 33 discrimination as to race, creed, color, national origin, sexual orien- 34 tation, gender identity or expression, military status, sex, age, disa- 35 bility, marital status, or familial status, or any intent to make any 36 such limitation, specification or discrimination. 37 § 9. Subdivision 3-b of section 296 of the executive law, as amended 38 by chapter 106 of the laws of 2003, is amended to read as follows: 39 3-b. It shall be an unlawful discriminatory practice for any real 40 estate broker, real estate salesperson or employee or agent thereof or 41 any other individual, corporation, partnership or organization for the 42 purpose of inducing a real estate transaction from which any such person 43 or any of its stockholders or members may benefit financially, to repre- 44 sent that a change has occurred or will or may occur in the composition 45 with respect to race, creed, color, national origin, sexual orientation, 46 gender identity or expression, military status, sex, disability, marital 47 status, or familial status of the owners or occupants in the block, 48 neighborhood or area in which the real property is located, and to 49 represent, directly or indirectly, that this change will or may result 50 in undesirable consequences in the block, neighborhood or area in which 51 the real property is located, including but not limited to the lowering 52 of property values, an increase in criminal or anti-social behavior, or 53 a decline in the quality of schools or other facilities. 54 § 10. Subdivision 4 of section 296 of the executive law, as amended by 55 chapter 106 of the laws of 2003, is amended to read as follows:A. 4558--B 6 1 4. It shall be an unlawful discriminatory practice for an education 2 corporation or association which holds itself out to the public to be 3 non-sectarian and exempt from taxation pursuant to the provisions of 4 article four of the real property tax law to deny the use of its facili- 5 ties to any person otherwise qualified, or to permit the harassment of 6 any student or applicant, by reason of his race, color, religion, disa- 7 bility, national origin, sexual orientation, gender identity or 8 expression, military status, sex, age or marital status, except that any 9 such institution which establishes or maintains a policy of educating 10 persons of one sex exclusively may admit students of only one sex. 11 § 11. Subdivision 5 of section 296 of the executive law, as amended by 12 chapter 106 of the laws of 2003, is amended to read as follows: 13 5. (a) It shall be an unlawful discriminatory practice for the owner, 14 lessee, sub-lessee, assignee, or managing agent of, or other person 15 having the right to sell, rent or lease a housing accommodation, 16 constructed or to be constructed, or any agent or employee thereof: 17 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 18 from any person or group of persons such a housing accommodation because 19 of the race, creed, color, national origin, sexual orientation, gender 20 identity or expression, military status, sex, age, disability, marital 21 status, or familial status of such person or persons, or to represent 22 that any housing accommodation or land is not available for inspection, 23 sale, rental or lease when in fact it is so available. 24 (2) To discriminate against any person because of race, creed, color, 25 national origin, sexual orientation, gender identity or expression, 26 military status, sex, age, disability, marital status, or familial 27 status in the terms, conditions or privileges of the sale, rental or 28 lease of any such housing accommodation or in the furnishing of facili- 29 ties or services in connection therewith. 30 (3) To print or circulate or cause to be printed or circulated any 31 statement, advertisement or publication, or to use any form of applica- 32 tion for the purchase, rental or lease of such housing accommodation or 33 to make any record or inquiry in connection with the prospective 34 purchase, rental or lease of such a housing accommodation which 35 expresses, directly or indirectly, any limitation, specification or 36 discrimination as to race, creed, color, national origin, sexual orien- 37 tation, gender identity or expression, military status, sex, age, disa- 38 bility, marital status, or familial status, or any intent to make any 39 such limitation, specification or discrimination. 40 The provisions of this paragraph (a) shall not apply (1) to the rental 41 of a housing accommodation in a building which contains housing accommo- 42 dations for not more than two families living independently of each 43 other, if the owner resides in one of such housing accommodations, (2) 44 to the restriction of the rental of all rooms in a housing accommodation 45 to individuals of the same sex or (3) to the rental of a room or rooms 46 in a housing accommodation, if such rental is by the occupant of the 47 housing accommodation or by the owner of the housing accommodation and 48 the owner resides in such housing accommodation or (4) solely with 49 respect to age and familial status to the restriction of the sale, 50 rental or lease of housing accommodations exclusively to persons sixty- 51 two years of age or older and the spouse of any such person, or for 52 housing intended and operated for occupancy by at least one person 53 fifty-five years of age or older per unit. In determining whether hous- 54 ing is intended and operated for occupancy by persons fifty-five years 55 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 56 federal Fair Housing Act of 1988, as amended, shall apply.A. 4558--B 7 1 (b) It shall be an unlawful discriminatory practice for the owner, 2 lessee, sub-lessee, or managing agent of, or other person having the 3 right of ownership or possession of or the right to sell, rent or lease, 4 land or commercial space: 5 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 6 from any person or group of persons land or commercial space because of 7 the race, creed, color, national origin, sexual orientation, gender 8 identity or expression, military status, sex, age, disability, marital 9 status, or familial status of such person or persons, or to represent 10 that any housing accommodation or land is not available for inspection, 11 sale, rental or lease when in fact it is so available; 12 (2) To discriminate against any person because of race, creed, color, 13 national origin, sexual orientation, gender identity or expression, 14 military status, sex, age, disability, marital status, or familial 15 status in the terms, conditions or privileges of the sale, rental or 16 lease of any such land or commercial space; or in the furnishing of 17 facilities or services in connection therewith; 18 (3) To print or circulate or cause to be printed or circulated any 19 statement, advertisement or publication, or to use any form of applica- 20 tion for the purchase, rental or lease of such land or commercial space 21 or to make any record or inquiry in connection with the prospective 22 purchase, rental or lease of such land or commercial space which 23 expresses, directly or indirectly, any limitation, specification or 24 discrimination as to race, creed, color, national origin, sexual orien- 25 tation, gender identity or expression, military status, sex, age, disa- 26 bility, marital status, or familial status; or any intent to make any 27 such limitation, specification or discrimination. 28 (4) With respect to age and familial status, the provisions of this 29 paragraph shall not apply to the restriction of the sale, rental or 30 lease of land or commercial space exclusively to persons fifty-five 31 years of age or older and the spouse of any such person, or to the 32 restriction of the sale, rental or lease of land to be used for the 33 construction, or location of housing accommodations exclusively for 34 persons sixty-two years of age or older, or intended and operated for 35 occupancy by at least one person fifty-five years of age or older per 36 unit. In determining whether housing is intended and operated for occu- 37 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 38 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 39 amended, shall apply. 40 (c) It shall be an unlawful discriminatory practice for any real 41 estate broker, real estate salesperson or employee or agent thereof: 42 (1) To refuse to sell, rent or lease any housing accommodation, land 43 or commercial space to any person or group of persons or to refuse to 44 negotiate for the sale, rental or lease, of any housing accommodation, 45 land or commercial space to any person or group of persons because of 46 the race, creed, color, national origin, sexual orientation, gender 47 identity or expression, military status, sex, age, disability, marital 48 status, or familial status of such person or persons, or to represent 49 that any housing accommodation, land or commercial space is not avail- 50 able for inspection, sale, rental or lease when in fact it is so avail- 51 able, or otherwise to deny or withhold any housing accommodation, land 52 or commercial space or any facilities of any housing accommodation, land 53 or commercial space from any person or group of persons because of the 54 race, creed, color, national origin, sexual orientation, gender identity 55 or expression, military status, sex, age, disability, marital status, or 56 familial status of such person or persons.A. 4558--B 8 1 (2) To print or circulate or cause to be printed or circulated any 2 statement, advertisement or publication, or to use any form of applica- 3 tion for the purchase, rental or lease of any housing accommodation, 4 land or commercial space or to make any record or inquiry in connection 5 with the prospective purchase, rental or lease of any housing accommo- 6 dation, land or commercial space which expresses, directly or indirect- 7 ly, any limitation, specification, or discrimination as to race, creed, 8 color, national origin, sexual orientation, gender identity or 9 expression, military status, sex, age, disability, marital status, or 10 familial status; or any intent to make any such limitation, specifica- 11 tion or discrimination. 12 (3) With respect to age and familial status, the provisions of this 13 paragraph shall not apply to the restriction of the sale, rental or 14 lease of any housing accommodation, land or commercial space exclusively 15 to persons fifty-five years of age or older and the spouse of any such 16 person, or to the restriction of the sale, rental or lease of any hous- 17 ing accommodation or land to be used for the construction or location of 18 housing accommodations for persons sixty-two years of age or older, or 19 intended and operated for occupancy by at least one person fifty-five 20 years of age or older per unit. In determining whether housing is 21 intended and operated for occupancy by persons fifty-five years of age 22 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 23 federal Fair Housing Act of 1988, as amended, shall apply. 24 (d) It shall be an unlawful discriminatory practice for any real 25 estate board, because of the race, creed, color, national origin, sexual 26 orientation, gender identity or expression, military status, age, sex, 27 disability, marital status, or familial status of any individual who is 28 otherwise qualified for membership, to exclude or expel such individual 29 from membership, or to discriminate against such individual in the 30 terms, conditions and privileges of membership in such board. 31 (e) It shall be an unlawful discriminatory practice for the owner, 32 proprietor or managing agent of, or other person having the right to 33 provide care and services in, a private proprietary nursing home, conva- 34 lescent home, or home for adults, or an intermediate care facility, as 35 defined in section two of the social services law, heretofore 36 constructed, or to be constructed, or any agent or employee thereof, to 37 refuse to provide services and care in such home or facility to any 38 individual or to discriminate against any individual in the terms, 39 conditions, and privileges of such services and care solely because such 40 individual is a blind person. For purposes of this paragraph, a "blind 41 person" shall mean a person who is registered as a blind person with the 42 commission for the visually handicapped and who meets the definition of 43 a "blind person" pursuant to section three of chapter four hundred 44 fifteen of the laws of nineteen hundred thirteen entitled "An act to 45 establish a state commission for improving the condition of the blind of 46 the state of New York, and making an appropriation therefor". 47 (f) The provisions of this subdivision, as they relate to age, shall 48 not apply to persons under the age of eighteen years. 49 (g) It shall be an unlawful discriminatory practice for any person 50 offering or providing housing accommodations, land or commercial space 51 as described in paragraphs (a), (b), and (c) of this subdivision to make 52 or cause to be made any written or oral inquiry or record concerning 53 membership of any person in the state organized militia in relation to 54 the purchase, rental or lease of such housing accommodation, land, or 55 commercial space, provided, however, that nothing in this subdivisionA. 4558--B 9 1 shall prohibit a member of the state organized militia from voluntarily 2 disclosing such membership. 3 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive 4 law, as amended by chapter 365 of the laws of 2015, is amended to read 5 as follows: 6 (a) It shall be an unlawful discriminatory practice for any fire 7 department or fire company therein, through any member or members there- 8 of, officers, board of fire commissioners or other body or office having 9 power of appointment of volunteer firefighters, directly or indirectly, 10 by ritualistic practice, constitutional or by-law prescription, by tacit 11 agreement among its members, or otherwise, to deny to any individual 12 membership in any volunteer fire department or fire company therein, or 13 to expel or discriminate against any volunteer member of a fire depart- 14 ment or fire company therein, because of the race, creed, color, 15 national origin, sexual orientation, gender identity or expression, 16 military status, sex, marital status, or familial status, of such indi- 17 vidual. 18 § 13. Subdivision 13 of section 296 of the executive law, as amended 19 by chapter 365 of the laws of 2015, is amended to read as follows: 20 13. It shall be an unlawful discriminatory practice (i) for any person 21 to boycott or blacklist, or to refuse to buy from, sell to or trade 22 with, or otherwise discriminate against any person, because of the race, 23 creed, color, national origin, sexual orientation, gender identity or 24 expression, military status, sex, disability, or familial status, of 25 such person, or of such person's partners, members, stockholders, direc- 26 tors, officers, managers, superintendents, agents, employees, business 27 associates, suppliers or customers, or (ii) for any person wilfully to 28 do any act or refrain from doing any act which enables any such person 29 to take such action. This subdivision shall not apply to: 30 (a) Boycotts connected with labor disputes; or 31 (b) Boycotts to protest unlawful discriminatory practices. 32 § 14. Subdivisions 1, 2 and 3 of section 296-a of the executive law, 33 as amended by chapter 106 of the laws of 2003, are amended to read as 34 follows: 35 1. It shall be an unlawful discriminatory practice for any creditor or 36 any officer, agent or employee thereof: 37 a. In the case of applications for credit with respect to the 38 purchase, acquisition, construction, rehabilitation, repair or mainte- 39 nance of any housing accommodation, land or commercial space to discrim- 40 inate against any such applicant because of the race, creed, color, 41 national origin, sexual orientation, gender identity or expression, 42 military status, age, sex, marital status, disability, or familial 43 status of such applicant or applicants or any member, stockholder, 44 director, officer or employee of such applicant or applicants, or of the 45 prospective occupants or tenants of such housing accommodation, land or 46 commercial space, in the granting, withholding, extending or renewing, 47 or in the fixing of the rates, terms or conditions of, any such credit; 48 b. To discriminate in the granting, withholding, extending or renew- 49 ing, or in the fixing of the rates, terms or conditions of, any form of 50 credit, on the basis of race, creed, color, national origin, sexual 51 orientation, gender identity or expression, military status, age, sex, 52 marital status, disability, or familial status; 53 c. To use any form of application for credit or use or make any record 54 or inquiry which expresses, directly or indirectly, any limitation, 55 specification, or discrimination as to race, creed, color, nationalA. 4558--B 10 1 origin, sexual orientation, gender identity or expression, military 2 status, age, sex, marital status, disability, or familial status; 3 d. To make any inquiry of an applicant concerning his or her capacity 4 to reproduce, or his or her use or advocacy of any form of birth control 5 or family planning; 6 e. To refuse to consider sources of an applicant's income or to 7 subject an applicant's income to discounting, in whole or in part, 8 because of an applicant's race, creed, color, national origin, sexual 9 orientation, gender identity or expression, military status, age, sex, 10 marital status, childbearing potential, disability, or familial status; 11 f. To discriminate against a married person because such person 12 neither uses nor is known by the surname of his or her spouse. 13 This paragraph shall not apply to any situation where the use of a 14 surname would constitute or result in a criminal act. 15 2. Without limiting the generality of subdivision one of this section, 16 it shall be considered discriminatory if, because of an applicant's or 17 class of applicants' race, creed, color, national origin, sexual orien- 18 tation, gender identity or expression, military status, age, sex, mari- 19 tal status or disability, or familial status, (i) an applicant or class 20 of applicants is denied credit in circumstances where other applicants 21 of like overall credit worthiness are granted credit, or (ii) special 22 requirements or conditions, such as requiring co-obligors or reapplica- 23 tion upon marriage, are imposed upon an applicant or class of applicants 24 in circumstances where similar requirements or conditions are not 25 imposed upon other applicants of like overall credit worthiness. 26 3. It shall not be considered discriminatory if credit differen- 27 tiations or decisions are based upon factually supportable, objective 28 differences in applicants' overall credit worthiness, which may include 29 reference to such factors as current income, assets and prior credit 30 history of such applicants, as well as reference to any other relevant 31 factually supportable data; provided, however, that no creditor shall 32 consider, in evaluating the credit worthiness of an applicant, aggregate 33 statistics or assumptions relating to race, creed, color, national 34 origin, sexual orientation, gender identity or expression, military 35 status, sex, marital status or disability, or to the likelihood of any 36 group of persons bearing or rearing children, or for that reason receiv- 37 ing diminished or interrupted income in the future. 38 § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive 39 law, as added by chapter 481 of the laws of 2010, is amended to read as 40 follows: 41 (b) Subject a domestic worker to unwelcome harassment based on gender, 42 race, religion, sexual orientation, gender identity or expression or 43 national origin, where such harassment has the purpose or effect of 44 unreasonably interfering with an individual's work performance by creat- 45 ing an intimidating, hostile, or offensive working environment. 46 § 16. Section 40-c of the civil rights law, as amended by chapter 2 of 47 the laws of 2002, is amended to read as follows: 48 § 40-c. Discrimination. 1. All persons within the jurisdiction of this 49 state shall be entitled to the equal protection of the laws of this 50 state or any subdivision thereof. 51 2. No person shall, because of race, creed, color, national origin, 52 sex, marital status, sexual orientation, gender identity or expression, 53 or disability, as such term is defined in section two hundred ninety-two 54 of the executive law, be subjected to any discrimination in his or her 55 civil rights, or to any harassment, as defined in section 240.25 of the 56 penal law, in the exercise thereof, by any other person or by any firm,A. 4558--B 11 1 corporation or institution, or by the state or any agency or subdivision 2 of the state. 3 § 17. Paragraph (a) of subdivision 1 of section 313 of the education 4 law, as amended by chapter 2 of the laws of 2002, is amended to read as 5 follows: 6 (a) It is hereby declared to be the policy of the state that the Amer- 7 ican ideal of equality of opportunity requires that students, otherwise 8 qualified, be admitted to educational institutions and be given access 9 to all the educational programs and courses operated or provided by such 10 institutions without regard to race, color, sex, religion, creed, mari- 11 tal status, age, sexual orientation as defined in section two hundred 12 ninety-two of the executive law, gender identity or expression as 13 defined in section two hundred ninety-two of the executive law, or 14 national origin, except that, with regard to religious or denominational 15 educational institutions, students, otherwise qualified, shall have the 16 equal opportunity to attend therein without discrimination because of 17 race, color, sex, marital status, age, sexual orientation as defined in 18 section two hundred ninety-two of the executive law, gender identity or 19 expression as defined in section two hundred ninety-two of the executive 20 law, or national origin. It is a fundamental American right for members 21 of various religious faiths to establish and maintain educational insti- 22 tutions exclusively or primarily for students of their own religious 23 faith or to effectuate the religious principles in furtherance of which 24 they are maintained. Nothing herein contained shall impair or abridge 25 that right. 26 § 18. Subdivision 3 of section 313 of the education law, as amended by 27 chapter 2 of the laws of 2002, is amended to read as follows: 28 (3) Unfair educational practices. It shall be an unfair educational 29 practice for an educational institution after September fifteenth, nine- 30 teen hundred forty-eight: 31 (a) To exclude or limit or otherwise discriminate against any person 32 or persons seeking admission as students to such institution or to any 33 educational program or course operated or provided by such institution 34 because of race, religion, creed, sex, color, marital status, age, sexu- 35 al orientation as defined in section two hundred ninety-two of the exec- 36 utive law, gender identity or expression as defined in section two 37 hundred ninety-two of the executive law, or national origin; except that 38 nothing in this section shall be deemed to affect, in any way, the right 39 of a religious or denominational educational institution to select its 40 students exclusively or primarily from members of such religion or 41 denomination or from giving preference in such selection to such members 42 or to make such selection of its students as is calculated by such 43 institution to promote the religious principles for which it is estab- 44 lished or maintained. Nothing herein contained shall impair or abridge 45 the right of an independent institution, which establishes or maintains 46 a policy of educating persons of one sex exclusively, to admit students 47 of only one sex. 48 (b) To penalize any individual because he or she has initiated, testi- 49 fied, participated or assisted in any proceedings under this section. 50 (c) To accept any endowment or gift of money or property conditioned 51 upon teaching the doctrine of supremacy of any particular race. 52 (d) With respect to any individual who withdraws from attendance to 53 serve on active duty in the armed forces of the United States in time of 54 war, including any individual who withdrew from attendance on or after 55 August second, nineteen hundred ninety to serve on active duty in the 56 armed forces of the United States in the Persian Gulf conflict: (i) toA. 4558--B 12 1 deny or limit the readmission of such individual to such institution or 2 to any educational program or course operated or provided by such insti- 3 tution because of such withdrawal from attendance or because of the 4 failure to complete any educational program or course due to such with- 5 drawal; (ii) to impose any academic penalty on such person because of 6 such withdrawal or because of the failure to complete any educational 7 program or course due to such withdrawal; (iii) to reduce or eliminate 8 any financial aid award granted to such individual which could not be 9 used, in whole or part, because of such withdrawal or because of the 10 failure to complete any educational program or course due to such with- 11 drawal; or (iv) to fail to provide a credit or refund of tuition and 12 fees paid by such individual for any semester, term or quarter not 13 completed because of such withdrawal or because of the failure to 14 complete any program or course due to such withdrawal. 15 (e) It shall not be an unfair educational practice for any educational 16 institution to use criteria other than race, religion, creed, sex, 17 color, marital status, age, sexual orientation as defined in section two 18 hundred ninety-two of the executive law, gender identity or expression 19 as defined in section two hundred ninety-two of the executive law, or 20 national origin in the admission of students to such institution or to 21 any of the educational programs and courses operated or provided by such 22 institution. 23 § 19. Section 485.00 of the penal law, as added by chapter 107 of the 24 laws of 2000, is amended to read as follows: 25 § 485.00 Legislative findings. 26 The legislature finds and determines as follows: criminal acts involv- 27 ing violence, intimidation and destruction of property based upon bias 28 and prejudice have become more prevalent in New York state in recent 29 years. The intolerable truth is that in these crimes, commonly and 30 justly referred to as "hate crimes", victims are intentionally selected, 31 in whole or in part, because of their race, color, national origin, 32 ancestry, gender, gender identity or expression, religion, religious 33 practice, age, disability or sexual orientation. Hate crimes do more 34 than threaten the safety and welfare of all citizens. They inflict on 35 victims incalculable physical and emotional damage and tear at the very 36 fabric of free society. Crimes motivated by invidious hatred toward 37 particular groups not only harm individual victims but send a powerful 38 message of intolerance and discrimination to all members of the group to 39 which the victim belongs. Hate crimes can and do intimidate and disrupt 40 entire communities and vitiate the civility that is essential to healthy 41 democratic processes. In a democratic society, citizens cannot be 42 required to approve of the beliefs and practices of others, but must 43 never commit criminal acts on account of them. Current law does not 44 adequately recognize the harm to public order and individual safety that 45 hate crimes cause. Therefore, our laws must be strengthened to provide 46 clear recognition of the gravity of hate crimes and the compelling 47 importance of preventing their recurrence. 48 Accordingly, the legislature finds and declares that hate crimes 49 should be prosecuted and punished with appropriate severity. 50 § 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as 51 added by chapter 107 of the laws of 2000, are amended to read as 52 follows: 53 1. A person commits a hate crime when he or she commits a specified 54 offense and either: 55 (a) intentionally selects the person against whom the offense is 56 committed or intended to be committed in whole or in substantial partA. 4558--B 13 1 because of a belief or perception regarding the race, color, national 2 origin, ancestry, gender, gender identity or expression, religion, reli- 3 gious practice, age, disability or sexual orientation of a person, 4 regardless of whether the belief or perception is correct, or 5 (b) intentionally commits the act or acts constituting the offense in 6 whole or in substantial part because of a belief or perception regarding 7 the race, color, national origin, ancestry, gender, gender identity or 8 expression, religion, religious practice, age, disability or sexual 9 orientation of a person, regardless of whether the belief or perception 10 is correct. 11 2. Proof of race, color, national origin, ancestry, gender, gender 12 identity or expression, religion, religious practice, age, disability or 13 sexual orientation of the defendant, the victim or of both the defendant 14 and the victim does not, by itself, constitute legally sufficient 15 evidence satisfying the people's burden under paragraph (a) or (b) of 16 subdivision one of this section. 17 4. For purposes of this section: 18 (a) the term "age" means sixty years old or more; 19 (b) the term "disability" means a physical or mental impairment that 20 substantially limits a major life activity[.]; 21 (c) the term "gender identity or expression" means a person's actual 22 or perceived gender-related identity, appearance, behavior, expression, 23 or other gender-related characteristic regardless of the sex assigned to 24 that person at birth, including, but not limited to, the status of being 25 transgender. 26 § 21. Subdivision 3 of section 240.30 of the penal law, as amended by 27 chapter 188 of the laws of 2014, is amended to read as follows: 28 3. With the intent to harass, annoy, threaten or alarm another person, 29 he or she strikes, shoves, kicks, or otherwise subjects another person 30 to physical contact, or attempts or threatens to do the same because of 31 a belief or perception regarding such person's race, color, national 32 origin, ancestry, gender, gender identity or expression, religion, reli- 33 gious practice, age, disability or sexual orientation, regardless of 34 whether the belief or perception is correct; or 35 § 22. The opening paragraph of section 240.31 of the penal law, as 36 amended by chapter 49 of the laws of 2006, is amended to read as 37 follows: 38 A person is guilty of aggravated harassment in the first degree when 39 with intent to harass, annoy, threaten or alarm another person, because 40 of a belief or perception regarding such person's race, color, national 41 origin, ancestry, gender, gender identity or expression, religion, reli- 42 gious practice, age, disability or sexual orientation, regardless of 43 whether the belief or perception is correct, he or she: 44 § 23. Section 240.00 of the penal law is amended by adding a new 45 subdivision 7 to read as follows: 46 7. "Gender identity or expression" means a person's actual or 47 perceived gender-related identity, appearance, behavior, expression, or 48 other gender-related characteristic regardless of the sex assigned to 49 that person at birth, including, but not limited to, the status of being 50 transgender. 51 § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal 52 procedure law, as amended by chapter 7 of the laws of 2007, is amended 53 to read as follows: 54 (c) in the case of any hate crime, as defined in section 485.05 of the 55 penal law, specifies, as applicable, that the defendant or defendants 56 intentionally selected the person against whom the offense was committedA. 4558--B 14 1 or intended to be committed; or intentionally committed the act or acts 2 constituting the offense, in whole or in substantial part because of a 3 belief or perception regarding the race, color, national origin, ances- 4 try, gender, gender identity or expression, religion, religious prac- 5 tice, age, disability or sexual orientation of a person; and 6 § 25. This act shall take effect on the thirtieth day after it shall 7 have become a law; provided, however, that sections nineteen through 8 twenty-four of this act shall take effect on the first of November next 9 succeeding the date on which it shall have become a law.