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A01862 Summary:

BILL NOA01862
 
SAME ASSAME AS S03275
 
SPONSORLavine
 
COSPNSRSeawright
 
MLTSPNSR
 
Amd §§292 & 297, Exec L; amd §485.05, Pen L
 
Provides protections against anti-Semitism in the human rights law and the hate crimes statute.
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A01862 Actions:

BILL NOA01862
 
01/23/2023referred to governmental operations
01/03/2024referred to governmental operations
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A01862 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1862
 
SPONSOR: Lavine
  TITLE OF BILL: An act to amend the executive law and the penal law, in relation to protections against anti-Semitism in the human rights law   PURPOSE OR GENERAL IDEA OF BILL: This bill would place a definition of anti-Semitism within the state human rights law, to specifically provide that acts of anti-Semitism shall constitute a violation of the state human rights law, and to further provide that anti-Semitism that incites, causes or results in any act of violence, or injury to a person, or the damage to or destruction of real or personal property, shall be deemed to constitute a hate crime.   SUMMARY OF PROVISIONS: Section One of this bill would establish legislative findings and deter- minations. Section Two of this bill would amend section 292 of the executive law to: 1. Codify the definition of the term "creed" to mean "a set of moral, religious or ethical beliefs, and the practices and observances associ- ated with such beliefs, and shall include both traditional religious beliefs associated with recognized, organized religions, as well as belief systems that may not be expressed by such organized religious groups." 2. Expressly provide that the protections embodied in the state Human Rights Law would not only include protections against discrimination based on creed, including but not limited to discrimination against anyone practicing a belief in any form of Christianity, Judaism, Islam, Hinduism, Buddhism or any other type of religion, but would also specif- ically provide for protections against anti-Semitism. 3. Expressly define the term "anti-Semitism" to mean the public demon- stration of negative actions, behaviors or perceptions regarding those persons practicing the Jewish religion or exhibiting a Jewish heritage, including: * Hatred or severe disparagement toward the Jewish people or their culture; * Rhetorical, violent and/or physical manifestations directed against Jewish or non-Jewish individuals or property, Jewish community insti- tutions, and/or Jewish religious facilities; *The calling for, aiding, encouraging, supporting or justifying the killing, harming or defaming of anyone, simply for practicing the Jewish religion or exhibiting a Jewish heritage; * Making false and mendacious, dehumanizing, demonizing, demeaning or stereotypical allegations, about persons practicing the Jewish religion, or about those who exhibit a Jewish heritage, or about the myth of a world Jewish conspiracy, or about Jewish persons allegedly controlling the media, economy, government or other societal institutions; * Accusing those practicing the Jewish religion, or exhibiting a Jewish heritage, whether singularly or collectively, as being wholly responsi- ble for any real or imagined wrongdoing committed by a single Jewish person or group; * Accusing those practicing the Jewish religion, or exhibiting a Jewish heritage, whether singularly or collectively, as being wholly responsi- ble for any real or imagined wrongdoing committed by the state of Isra- el; and * Accusing those practicing the Jewish religion, or exhibiting a Jewish heritage, whether singularly or collectively, of being more loyal to Israel, or to the alleged priorities of Jewish people worldwide, than to the interests of the people of the state of New York, or to the inter- ests of the people of the United States of America. Section Three of this bill would amend section 297 of the executive law to provide that in reviewing, investigating, adjudicating or determining whether there has been a violation of the state Human Rights Law on the basis of creed, and/or to afford protections against anti-Semitism, as a result of actions taken against a person because of an individual's actual or perceived Jewish religious practices, or Jewish ancestry, or Jewish ethnic characteristics, the state division of human rights or the court upon review, must take into consideration the (above) definition of anti-Semitism in any decision, determination, adjudication or judg- ment as to whether the alleged practice was motivated by anti-Semitic intent. Section Four of this bill would amend section 485.05 of the penal law, to provide that in addition to any other hate crime, any person who commits an act of anti-Semitism, that incites, causes or results in any act of violence, or injury to a person, or the damage to or destruction of real or personal property, shall be deemed to constitute a hate crime under the hate crime provisions of the penal law. Section Five of this bill would provide that nothing in the act shall be deemed to diminish or infringe upon any right protected under section 3 or 8 of Article I of the Constitution of the State of New York, or by the first amendment to the United States Constitution. Section Six of this bill would provide for an effective date of the first of November next succeeding the date on which it shall have become a law.   JUSTIFICATION: Discrimination and attacks have been unfairly and wrongfully levied and directed against the Jewish people and their faith for generations, from ancient times to the present. These instances of discrimination and, attacks, manifesting themselves through acts of anti-Semitism, have proven to be among the most despicable acts of mankind, calling witness to countless acts of death, deprivation, injustice and holocaust. Such anti-Semitism sadly remains today. Despite its unseemliness, it is still a persistent, disturbing problem in certain segments of society, political movements, on college campuses, and by select disturbed and/or seriously misguided or hateful individuals. Acts of anti-Semitism have just even very recently resulted in homicidal attacks against Jewish places of worship in Pittsburgh, Pennsylvania and in the defacement and mutilation of publicly displayed photographs in New York City of a prom- inent and respected Jewish member of the United States Supreme Court. Both the federal Department of Justice, and the federal Department of Education, have properly concluded that both state and federal law prohibits discrimination against persons of the Jewish faith, as well as members of other religious groups, when such discrimination is based on the actual or perceived religious faith, shared ancestry or ethnic char- acteristics, or when the discrimination is based on actual or perceived citizenship or residence in a country whose residents share a dominant religion or a distinct religious identity. But despite such determination, persons of the Jewish faith, and/or of Jewish heritage, are continuing to be threatened, harassed or intim- idated in their daily lives, work and education (including on their college campuses) and in the practice of their religion, by acts of anti-Semitism, due to the basis of their religious belief, shared ances- try or ethnic characteristics, including but not limited to harassing conduct that creates a hostile environment so severe, pervasive, or persistent as to interfere with or limit their ability to participate in or benefit from the services, activities, or opportunities offered by their daily life, work, schools or practice of their faith and/or reli- gious principles. This legislation seeks to address this continuing and disgraceful problem of anti-Semitism, by amending the state human rights law and the penal law, to properly provide protections, through the appropriate codification of the definition of anti-Semitism, and by specifically including acts of anti-Semitism that incite, cause or result in any act of violence, or injury to a person, or the damage to or destruction of real or personal property, under the state definition of a hate crime.   PRIOR LEGISLATIVE HISTORY: 2019-20: S4932-A (Griffo) - Investigations and Government Operations 2021-22: 54563 (Griffo) / A4562 (Lavine) - Investigations and Government Operations / governmental operations   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This act would take effect the first of November next succeeding the date on which it shall have become a law.
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A01862 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1862
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  M.  of A. LAVINE, SEAWRIGHT -- read once and referred to
          the Committee on Governmental Operations
 
        AN ACT to amend the executive law and the  penal  law,  in  relation  to
          protections against anti-Semitism in the human rights law
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and  determinations.  The  legislature
     2  finds  and determines that discrimination and attacks have been unfairly
     3  and wrongfully levied and directed against the Jewish people  and  their
     4  faith for generations, from ancient times to the present. Such discrimi-
     5  nation  and  attacks,  manifesting themselves through acts of anti-Semi-
     6  tism, have proven to be among the most despicable acts of mankind, call-
     7  ing witness to countless  acts  of  death,  deprivation,  injustice  and
     8  holocaust.
     9    The  legislature further finds and determines that anti-Semitism sadly
    10  remains  today,  still  a  persistent,  disturbing  problem  in  certain
    11  segments  of  society,  political movements, on college campuses, and by
    12  select disturbed and/or seriously misguided or hateful individuals.
    13    The legislature also finds and determines that acts  of  anti-Semitism
    14  have  even  very  recently  resulted in homicidal attacks against Jewish
    15  places of worship in Pittsburgh, Pennsylvania and in the defacement  and
    16  mutilation of publicly displayed photographs in New York City of a prom-
    17  inent and respected Jewish member of the United States Supreme Court.
    18    The legislature additionally finds and determines that both the feder-
    19  al  Department of Justice, and the federal Department of Education, have
    20  properly concluded that both state and federal law  prohibits  discrimi-
    21  nation  against persons of the Jewish faith, as well as members of other
    22  religious groups, when such discrimination is based  on  the  actual  or
    23  perceived religious faith, shared ancestry or ethnic characteristics, or
    24  when  the  discrimination is based on actual or perceived citizenship or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02821-01-3

        A. 1862                             2
 
     1  residence in a country whose residents share a dominant  religion  or  a
     2  distinct religious identity.
     3    The  legislature  further  finds  and  determines  that persons of the
     4  Jewish faith, and/or of Jewish heritage, are continuing  to  be  threat-
     5  ened,  harassed  or intimidated in their daily lives, work and education
     6  (including on their college campuses) and in the practice of their reli-
     7  gion, by acts of anti-Semitism, due to  the  basis  of  their  religious
     8  belief,  shared  ancestry  or  ethnic characteristics, including but not
     9  limited to harassing conduct  that  creates  a  hostile  environment  so
    10  severe,  pervasive,  or  persistent  as to interfere with or limit their
    11  ability to participate in or benefit from the services,  activities,  or
    12  opportunities  offered by their daily life, work, schools or practice of
    13  their faith and/or religious principles.
    14    The legislature finally  finds  and  determines  that  legislation  is
    15  therefore  necessary  to  place a definition of anti-Semitism within the
    16  state human rights law, to specifically provide that acts of  anti-Semi-
    17  tism  shall constitute a violation of the state human rights law, and to
    18  further provide that anti-Semitism that incites, causes  or  results  in
    19  any  act  of  violence,  or  injury  to  a  person,  or the damage to or
    20  destruction of real or personal property, shall be deemed to  constitute
    21  a hate crime.
    22    §  2.  Section  292  of the executive law is amended by adding two new
    23  subdivisions 42 and 43 to read as follows:
    24    42. The term "creed" means  a  set  of  moral,  religious  or  ethical
    25  beliefs, and the practices and observances associated with such beliefs,
    26  and  shall  include  both  traditional religious beliefs associated with
    27  recognized, organized religions, as well as belief systems that may  not
    28  be  expressed  by  such  organized  religious  groups.   The protections
    29  provided by this article shall  not  only  include  protections  against
    30  discrimination  based  on  creed, including but not limited to discrimi-
    31  nation against anyone practicing a belief in any form  of  Christianity,
    32  Judaism,  Islam,  Hinduism,  Buddhism or any other type of religion, but
    33  shall also specifically provide for protections against anti-Semitism.
    34    43. The term "anti-Semitism" means the public demonstration  of  nega-
    35  tive  actions, behaviors or perceptions regarding those persons practic-
    36  ing the Jewish religion or exhibiting a Jewish heritage, including:
    37    a. hatred or severe disparagement toward the Jewish  people  or  their
    38  culture;
    39    b. rhetorical, violent and/or physical manifestations directed against
    40  Jewish  or  non-Jewish  individuals or property, Jewish community insti-
    41  tutions, and/or Jewish religious facilities;
    42    c. the calling for, aiding, encouraging, supporting or justifying  the
    43  killing, harming or defaming of anyone, simply for practicing the Jewish
    44  religion or exhibiting a Jewish heritage;
    45    d. making false and mendacious, dehumanizing, demonizing, demeaning or
    46  stereotypical allegations, about persons practicing the Jewish religion,
    47  or  about those who exhibit a Jewish heritage, or about the myth about a
    48  world Jewish conspiracy, or about Jewish persons  allegedly  controlling
    49  the media, economy, government or other societal institutions;
    50    e.  accusing  those  practicing  the  Jewish religion, or exhibiting a
    51  Jewish heritage, whether singularly or  collectively,  as  being  wholly
    52  responsible  for  any  real or imagined wrongdoing committed by a single
    53  Jewish person or group;
    54    f. accusing those practicing the  Jewish  religion,  or  exhibiting  a
    55  Jewish  heritage,  whether  singularly  or collectively, as being wholly

        A. 1862                             3
 
     1  responsible for any real or imagined wrongdoing committed by  the  state
     2  of Israel; and
     3    g.  accusing  those  practicing  the  Jewish religion, or exhibiting a
     4  Jewish heritage, whether singularly or collectively, of being more loyal
     5  to Israel, or to the alleged priorities of Jewish people worldwide, than
     6  to the interests of the people of the state  of  New  York,  or  to  the
     7  interests of the people of the United States of America.
     8    §  3.  Section  297  of  the  executive law is amended by adding a new
     9  subdivision 11 to read as follows:
    10    11. In reviewing, investigating, adjudicating or  determining  whether
    11  there has been a violation of this article on the basis of creed, and/or
    12  to  afford  protections against anti-Semitism, as defined by subdivision
    13  forty-three of section two hundred ninety-two  of  this  article,  as  a
    14  result  of  actions  taken  against  a person because of an individual's
    15  actual or perceived Jewish religious practices, or Jewish  ancestry,  or
    16  Jewish  ethnic  characteristics,  the division or the court upon review,
    17  shall take into consideration the definition of anti-Semitism  contained
    18  in  subdivision  forty-three  of  section two hundred ninety-two of this
    19  article, as part of its  assessment,  in  any  decision,  determination,
    20  adjudication  or  judgment  as to whether the alleged practice was moti-
    21  vated by anti-Semitic intent.
    22    § 4. Section 485.05 of the penal law is amended by adding a new subdi-
    23  vision 5 to read as follows:
    24    5. In addition to any other hate crime provided for in  this  section,
    25  any  person  who commits an act of anti-Semitism, as defined in subdivi-
    26  sion forty-three of section two hundred ninety-two of the executive law,
    27  that incites, causes or results in any act of violence, or injury  to  a
    28  person,  or  the  damage to or destruction of real or personal property,
    29  shall be deemed to constitute a hate crime under this section.
    30    § 5. Nothing in the act shall be deemed to diminish or  infringe  upon
    31  any  right  protected under section 3 or 8 of Article I of the Constitu-
    32  tion of the State of New York, or by the first amendment to  the  United
    33  States Constitution.
    34    § 6. This act shall take effect on the first of November next succeed-
    35  ing the date on which it shall have become a law.
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