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.
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.
