- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A03358 Summary:
BILL NO | A03358 |
  | |
SAME AS | SAME AS S07010 |
  | |
SPONSOR | Gottfried (MS) |
  | |
COSPNSR | Glick, O'Donnell, Titone, Bronson, Morelle, Rosenthal L, Dinowitz, Cook, Hevesi, Cahill, Englebright, Paulin, Ryan, Abinanti, Sepulveda, Mosley, Arroyo, Pichardo, Ortiz, Rozic, Weprin, Mayer, Blake, Jenne, Steck, Bichotte, Hunter, Carroll, D'Urso, Jean-Pierre, De La Rosa, Walker, Pellegrino, Skoufis, Dickens, Jaffee, Simon |
  | |
MLTSPNSR | Aubry, Benedetto, Braunstein, Buchwald, DenDekker, Fahy, Galef, Gunther, Hooper, Hyndman, Lifton, Lupardo, Magnarelli, McDonald, Otis, Peoples-Stokes, Perry, Pretlow, Quart, Ramos, Rivera, Seawright, Simotas, Skartados, Solages, Thiele |
  | |
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. |
A03358 Actions:
BILL NO | A03358 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/27/2017 | referred to governmental operations | |||||||||||||||||||||||||||||||||||||||||||||||||
03/07/2017 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
03/07/2017 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
03/09/2017 | advanced to third reading cal.121 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/22/2017 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
03/22/2017 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
03/22/2017 | REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | ordered to third reading cal.265 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/07/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/07/2018 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/07/2018 | REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS |
A03358 Committee Votes:
Peoples-Stokes | Aye | Johns | Nay | ||||||
Galef | Aye | Goodell | Nay | ||||||
Benedetto | Aye | Lalor | Nay | ||||||
Glick | Aye | Byrne | Nay | ||||||
Kim | Aye | ||||||||
Buchwald | Aye | ||||||||
Bichotte | Aye | ||||||||
Blake | Aye | ||||||||
Hyndman | Aye | ||||||||
Lentol | Aye | Graf | Nay | ||||||
Schimminger | Nay | Giglio | Nay | ||||||
Weinstein | Aye | McKevitt | Nay | ||||||
Pretlow | Aye | Montesano | Nay | ||||||
Cook | Aye | Ra | Nay | ||||||
Cymbrowitz | Aye | Morinello | Nay | ||||||
Titus | Aye | ||||||||
O'Donnell | Absent | ||||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Aye | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Hevesi | Aye | ||||||||
Fahy | Aye | ||||||||
Go to top
A03358 Floor Votes:
Yes
Abbate
No
Crouch
No
Goodell
Yes
Lifton
Yes
O'Donnell
ER
Simanowitz
Yes
Abinanti
No
Curran
Yes
Gottfried
No
Lopez
Yes
Ortiz
Yes
Simon
ER
Arroyo
No
Cusick
No
Graf
Yes
Lupardo
Yes
Otis
Yes
Simotas
Yes
Aubry
No
Cymbrowitz
Yes
Gunther
ER
Lupinacci
No
Palmesano
Yes
Skartados
No
Barclay
Yes
Davila
Yes
Harris
No
Magee
No
Palumbo
Yes
Skoufis
Yes
Barnwell
Yes
De La Rosa
No
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Solages
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
No
Malliotakis
Yes
Peoples-Stokes
No
Stec
AB
Barron
Yes
Dickens
No
Hikind
Yes
Mayer
Yes
Perry
Yes
Steck
ER
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
Yes
Stirpe
ER
Bichotte
Yes
Dinowitz
Yes
Hunter
No
McDonough
Yes
Pichardo
Yes
Thiele
Yes
Blake
No
DiPietro
Yes
Hyndman
No
McKevitt
Yes
Pretlow
Yes
Titone
No
Blankenbush
Yes
D'Urso
Yes
Jaffee
No
McLaughlin
Yes
Quart
Yes
Titus
No
Brabenec
Yes
Englebright
Yes
Jean-Pierre
No
Miller B
No
Ra
AB
Vanel
Yes
Braunstein
No
Errigo
Yes
Jenne
Yes
Miller MG
No
Raia
Yes
Walker
Yes
Brindisi
Yes
Fahy
No
Johns
No
Miller ML
Yes
Ramos
Yes
Wallace
Yes
Bronson
Yes
Farrell
Yes
Jones
No
Montesano
Yes
Richardson
No
Walsh
Yes
Buchwald
No
Finch
Yes
Joyner
Yes
Morelle
Yes
Rivera
No
Walter
No
Butler
No
Fitzpatrick
Yes
Kavanagh
No
Morinello
Yes
Rodriguez
Yes
Weinstein
No
Byrne
No
Friend
No
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weprin
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rozic
Yes
Williams
Yes
Carroll
ER
Gantt
No
Kolb
No
Murray
Yes
Ryan
Yes
Woerner
No
Castorina
No
Garbarino
No
Lalor
Yes
Niou
No
Santabarbara
Yes
Wright
Yes
Colton
No
Giglio
Yes
Lavine
Yes
Nolan
No
Schimminger
Yes
Zebrowski
Yes
Cook
Yes
Gjonaj
No
Lawrence
No
Norris
Yes
Seawright
Yes
Mr. Speaker
Yes
Crespo
ER
Glick
Yes
Lentol
No
Oaks
Yes
Sepulveda
‡ Indicates voting via videoconference
Yes
Abbate
ER
Crespo
No
Giglio
ER
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Abinanti
No
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Arroyo
No
Curran
No
Goodell
No
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
No
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Taylor
No
Barclay
Yes
Cymbrowitz
Yes
Gunther
No
McDonough
Yes
Pretlow
Yes
Thiele
Yes
Barnwell
Yes
Davila
No
Hawley
No
Mikulin
Yes
Quart
Yes
Titone
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
No
Miller B
No
Ra
Yes
Titus
Yes
Barron
Yes
DenDekker
No
Hikind
No
Miller MG
No
Raia
ER
Vanel
Yes
Benedetto
Yes
Dickens
Yes
Hooper
No
Miller ML
Yes
Ramos
Yes
Walker
Yes
Bichotte
Yes
Dilan
Yes
Hunter
No
Montesano
Yes
Richardson
Yes
Wallace
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
No
Walsh
No
Blankenbush
No
DiPietro
Yes
Jaffee
No
Morinello
Yes
Rodriguez
No
Walter
No
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Weinstein
No
Brabenec
Yes
Englebright
Yes
Jenne
No
Murray
Yes
Rosenthal L
Yes
Weprin
Yes
Braunstein
Yes
Epstein
No
Johns
Yes
Niou
Yes
Rozic
Yes
Williams
Yes
Brindisi
No
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Woerner
Yes
Bronson
Yes
Espinal
Yes
Joyner
No
Norris
No
Santabarbara
Yes
Wright
Yes
Buchwald
Yes
Fahy
Yes
Kim
No
Oaks
No
Schimminger
Yes
Zebrowski
ER
Butler
Yes
Fernandez
No
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Mr. Speaker
Yes
Byrne
No
Finch
No
Lalor
Yes
Ortiz
Yes
Simon
Yes
Cahill
No
Fitzpatrick
Yes
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
No
Friend
No
Lawrence
No
Palmesano
Yes
Skoufis
No
Castorina
Yes
Galef
Yes
Lentol
No
Palumbo
No
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
Yes
Cook
No
Garbarino
Yes
Lupardo
Yes
Pellegrino
No
Stec
‡ Indicates voting via videoconference
A03358 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 3358 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON, MORELLE, ROSENTHAL, DINOWITZ, COOK, HEVESI, KAVANAGH, CAHILL, ENGLE- BRIGHT, PAULIN, RYAN, ABINANTI, MOYA, SEPULVEDA, MOSLEY, ARROYO, PICHARDO, ORTIZ, ROZIC, WEPRIN, MAYER, BLAKE, JENNE, STECK, BICHOTTE, HUNTER, HARRIS, CARROLL -- Multi-Sponsored by -- M. of A. AUBRY, BENE- DETTO, BRAUNSTEIN, BUCHWALD, DenDEKKER, FAHY, FARRELL, GALEF, GUNTHER, HOOPER, JAFFEE, LIFTON, LUPARDO, MAGNARELLI, McDONALD, OTIS, PEOPLES- STOKES, PERRY, PRETLOW, QUART, RAMOS, RIVERA, SEAWRIGHT, SIMON, SIMO- TAS, SKARTADOS, SKOUFIS, SOLAGES, THIELE -- read once and referred to the Committee on Governmental Operations 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 9 threatens the peace, order, health, safety and general welfare of the 10 state and its inhabitants. 11 The legislature further finds that many residents of this state have 12 encountered prejudice on account of their gender identity or expression, 13 and that this prejudice has severely limited or actually prevented EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02432-01-7A. 3358 2 1 access to employment, housing and other basic necessities of life, lead- 2 ing to deprivation and suffering. The legislature further recognizes 3 that this prejudice has fostered a general climate of hostility and 4 distrust, leading in some instances to physical violence against those 5 perceived to live in a gender identity or expression which is different 6 from that traditionally associated with the sex assigned to that person 7 at birth. 8 In so doing, the legislature makes clear its action is not intended to 9 promote any particular attitude, course of conduct or way of life. Rath- 10 er its purpose is to ensure that individuals who live in our free socie- 11 ty have the capacity to make their own choices, follow their own beliefs 12 and conduct their own lives as they see fit, consistent with existing 13 law. 14 The legislature further finds that, as court decisions have properly 15 held, New York's sex discrimination laws prohibit discrimination based 16 on gender stereotypes or because an individual has transitioned or 17 intends to transition from one gender to another. This legislation is 18 intended to codify this principle and to ensure that the public under- 19 stands that discrimination on the basis of gender identity and 20 expression is prohibited. 21 § 2. Subdivisions 1 and 2 of section 291 of the executive law, as 22 amended by chapter 196 of the laws of 2010, are amended to read as 23 follows: 24 1. The opportunity to obtain employment without discrimination because 25 of age, race, creed, color, national origin, sexual orientation, gender 26 identity or expression, military status, sex, marital status, or disa- 27 bility, is hereby recognized as and declared to be a civil right. 28 2. The opportunity to obtain education, the use of places of public 29 accommodation and the ownership, use and occupancy of housing accommo- 30 dations and commercial space without discrimination because of age, 31 race, creed, color, national origin, sexual orientation, gender identity 32 or expression, military status, sex, marital status, or disability, as 33 specified in section two hundred ninety-six of this article, is hereby 34 recognized as and declared to be a civil right. 35 § 3. Section 292 of the executive law is amended by adding a new 36 subdivision 35 to read as follows: 37 35. The term "gender identity or expression" means a person's actual 38 or perceived gender-related identity, appearance, behavior, expression, 39 or other gender-related characteristic regardless of the sex assigned to 40 that person at birth, including, but not limited to, the status of being 41 transgender. 42 § 4. Subdivisions 8 and 9 of section 295 of the executive law, as 43 amended by chapter 106 of the laws of 2003, are amended to read as 44 follows: 45 8. To create such advisory councils, local, regional or state-wide, as 46 in its judgment will aid in effectuating the purposes of this article 47 and of section eleven of article one of the constitution of this state, 48 and the division may empower them to study the problems of discrimi- 49 nation in all or specific fields of human relationships or in specific 50 instances of discrimination because of age, race, creed, color, national 51 origin, sexual orientation, gender identity or expression, military 52 status, sex, disability or marital status and make recommendations to 53 the division for the development of policies and procedures in general 54 and in specific instances. The advisory councils also shall disseminate 55 information about the division's activities to organizations and indi- 56 viduals in their localities. Such advisory councils shall be composed ofA. 3358 3 1 representative citizens, serving without pay, but with reimbursement for 2 actual and necessary traveling expenses; and the division may make 3 provision for technical and clerical assistance to such councils and for 4 the expenses of such assistance. 5 9. To develop human rights plans and policies for the state and assist 6 in their execution and to make investigations and studies appropriate to 7 effectuate this article and to issue such publications and such results 8 of investigations and research as in its judgement will tend to inform 9 persons of the rights assured and remedies provided under this article, 10 to promote good-will and minimize or eliminate discrimination because of 11 age, race, creed, color, national origin, sexual orientation, gender 12 identity or expression, military status, sex, disability or marital 13 status. 14 § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 296 15 of the executive law, as amended by chapter 365 of the laws of 2015, are 16 amended to read as follows: 17 (a) For an employer or licensing agency, because of an individual's 18 age, race, creed, color, national origin, sexual orientation, gender 19 identity or expression, military status, sex, disability, predisposing 20 genetic characteristics, familial status, marital status, or domestic 21 violence victim status, to refuse to hire or employ or to bar or to 22 discharge from employment such individual or to discriminate against 23 such individual in compensation or in terms, conditions or privileges of 24 employment. 25 (b) For an employment agency to discriminate against any individual 26 because of age, race, creed, color, national origin, sexual orientation, 27 gender identity or expression, military status, sex, disability, predis- 28 posing genetic characteristics, familial status, or marital status, in 29 receiving, classifying, disposing or otherwise acting upon applications 30 for its services or in referring an applicant or applicants to an 31 employer or employers. 32 (c) For a labor organization, because of the age, race, creed, color, 33 national origin, sexual orientation, gender identity or expression, 34 military status, sex, disability, predisposing genetic characteristics, 35 familial status, or marital status of any individual, to exclude or to 36 expel from its membership such individual or to discriminate in any way 37 against any of its members or against any employer or any individual 38 employed by an employer. 39 (d) For any employer or employment agency to print or circulate or 40 cause to be printed or circulated any statement, advertisement or publi- 41 cation, or to use any form of application for employment or to make any 42 inquiry in connection with prospective employment, which expresses 43 directly or indirectly, any limitation, specification or discrimination 44 as to age, race, creed, color, national origin, sexual orientation, 45 gender identity or expression, military status, sex, disability, predis- 46 posing genetic characteristics, familial status, or marital status, or 47 any intent to make any such limitation, specification or discrimination, 48 unless based upon a bona fide occupational qualification; provided, 49 however, that neither this paragraph nor any provision of this chapter 50 or other law shall be construed to prohibit the department of civil 51 service or the department of personnel of any city containing more than 52 one county from requesting information from applicants for civil service 53 examinations concerning any of the aforementioned characteristics, other 54 than sexual orientation, for the purpose of conducting studies to iden- 55 tify and resolve possible problems in recruitment and testing of members 56 of minority groups to insure the fairest possible and equal opportu-A. 3358 4 1 nities for employment in the civil service for all persons, regardless 2 of age, race, creed, color, national origin, sexual orientation or 3 gender identity or expression, military status, sex, disability, predis- 4 posing genetic characteristics, familial status, or marital status. 5 § 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296 of 6 the executive law, as amended by chapter 365 of the laws of 2015, are 7 amended to read as follows: 8 (b) To deny to or withhold from any person because of race, creed, 9 color, national origin, sexual orientation, gender identity or 10 expression, military status, sex, age, disability, familial status, or 11 marital status, the right to be admitted to or participate in a guidance 12 program, an apprenticeship training program, on-the-job training 13 program, executive training program, or other occupational training or 14 retraining program; 15 (c) To discriminate against any person in his or her pursuit of such 16 programs or to discriminate against such a person in the terms, condi- 17 tions or privileges of such programs because of race, creed, color, 18 national origin, sexual orientation, gender identity or expression, 19 military status, sex, age, disability, familial status or marital 20 status; 21 (d) To print or circulate or cause to be printed or circulated any 22 statement, advertisement or publication, or to use any form of applica- 23 tion for such programs or to make any inquiry in connection with such 24 program which expresses, directly or indirectly, any limitation, spec- 25 ification or discrimination as to race, creed, color, national origin, 26 sexual orientation, gender identity or expression, military status, sex, 27 age, disability, familial status or marital status, or any intention to 28 make any such limitation, specification or discrimination, unless based 29 on a bona fide occupational qualification. 30 § 7. Paragraph (a) of subdivision 2 of section 296 of the executive 31 law, as amended by chapter 106 of the laws of 2003, is amended to read 32 as follows: 33 (a) It shall be an unlawful discriminatory practice for any person, 34 being the owner, lessee, proprietor, manager, superintendent, agent or 35 employee of any place of public accommodation, resort or amusement, 36 because of the race, creed, color, national origin, sexual orientation, 37 gender identity or expression, military status, sex, [or] disability or 38 marital status of any person, directly or indirectly, to refuse, with- 39 hold from or deny to such person any of the accommodations, advantages, 40 facilities or privileges thereof, including the extension of credit, or, 41 directly or indirectly, to publish, circulate, issue, display, post or 42 mail any written or printed communication, notice or advertisement, to 43 the effect that any of the accommodations, advantages, facilities and 44 privileges of any such place shall be refused, withheld from or denied 45 to any person on account of race, creed, color, national origin, sexual 46 orientation, gender identity or expression, military status, sex, [or] 47 disability or marital status, or that the patronage or custom thereat of 48 any person of or purporting to be of any particular race, creed, color, 49 national origin, sexual orientation, gender identity or expression, 50 military status, sex or marital status, or having a disability is unwel- 51 come, objectionable or not acceptable, desired or solicited. 52 § 8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section 53 296 of the executive law, paragraphs (a), (b) and (c) as amended and 54 paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended 55 to read as follows:A. 3358 5 1 (a) To refuse to sell, rent or lease or otherwise to deny to or with- 2 hold from any person or group of persons such housing accommodations 3 because of the race, creed, color, disability, national origin, sexual 4 orientation, gender identity or expression, military status, age, sex, 5 marital status, or familial status of such person or persons, or to 6 represent that any housing accommodation or land is not available for 7 inspection, sale, rental or lease when in fact it is so available. 8 (b) To discriminate against any person because of his or her race, 9 creed, color, disability, national origin, sexual orientation, gender 10 identity or expression, military status, age, sex, marital status, or 11 familial status in the terms, conditions or privileges of any publicly- 12 assisted housing accommodations or in the furnishing of facilities or 13 services in connection therewith. 14 (c) To cause to be made any written or oral inquiry or record concern- 15 ing the race, creed, color, disability, national origin, sexual orien- 16 tation, gender identity or expression, membership in the reserve armed 17 forces of the United States or in the organized militia of the state, 18 age, sex, marital status, or familial status of a person seeking to rent 19 or lease any publicly-assisted housing accommodation; provided, however, 20 that nothing in this subdivision shall prohibit a member of the reserve 21 armed forces of the United States or in the organized militia of the 22 state from voluntarily disclosing such membership. 23 (c-1) To print or circulate or cause to be printed or circulated any 24 statement, advertisement or publication, or to use any form of applica- 25 tion for the purchase, rental or lease of such housing accommodation or 26 to make any record or inquiry in connection with the prospective 27 purchase, rental or lease of such a housing accommodation which 28 expresses, directly or indirectly, any limitation, specification or 29 discrimination as to race, creed, color, national origin, sexual orien- 30 tation, gender identity or expression, military status, sex, age, disa- 31 bility, marital status, or familial status, or any intent to make any 32 such limitation, specification or discrimination. 33 § 9. Subdivision 3-b of section 296 of the executive law, as amended 34 by chapter 106 of the laws of 2003, is amended to read as follows: 35 3-b. It shall be an unlawful discriminatory practice for any real 36 estate broker, real estate salesperson or employee or agent thereof or 37 any other individual, corporation, partnership or organization for the 38 purpose of inducing a real estate transaction from which any such person 39 or any of its stockholders or members may benefit financially, to repre- 40 sent that a change has occurred or will or may occur in the composition 41 with respect to race, creed, color, national origin, sexual orientation, 42 gender identity or expression, military status, sex, disability, marital 43 status, or familial status of the owners or occupants in the block, 44 neighborhood or area in which the real property is located, and to 45 represent, directly or indirectly, that this change will or may result 46 in undesirable consequences in the block, neighborhood or area in which 47 the real property is located, including but not limited to the lowering 48 of property values, an increase in criminal or anti-social behavior, or 49 a decline in the quality of schools or other facilities. 50 § 10. Subdivision 4 of section 296 of the executive law, as amended by 51 chapter 106 of the laws of 2003, is amended to read as follows: 52 4. It shall be an unlawful discriminatory practice for an education 53 corporation or association which holds itself out to the public to be 54 non-sectarian and exempt from taxation pursuant to the provisions of 55 article four of the real property tax law to deny the use of its facili- 56 ties to any person otherwise qualified, or to permit the harassment ofA. 3358 6 1 any student or applicant, by reason of his race, color, religion, disa- 2 bility, national origin, sexual orientation, gender identity or 3 expression, military status, sex, age or marital status, except that any 4 such institution which establishes or maintains a policy of educating 5 persons of one sex exclusively may admit students of only one sex. 6 § 11. Subdivision 5 of section 296 of the executive law, as amended by 7 chapter 106 of the laws of 2003, is amended to read as follows: 8 5. (a) It shall be an unlawful discriminatory practice for the owner, 9 lessee, sub-lessee, assignee, or managing agent of, or other person 10 having the right to sell, rent or lease a housing accommodation, 11 constructed or to be constructed, or any agent or employee thereof: 12 (1) To refuse to sell, rent, lease or otherwise to deny to or withhold 13 from any person or group of persons such a housing accommodation because 14 of the race, creed, color, national origin, sexual orientation, gender 15 identity or expression, military status, sex, age, disability, marital 16 status, or familial status of such person or persons, or to represent 17 that any housing accommodation or land is not available for inspection, 18 sale, rental or lease when in fact it is so available. 19 (2) To discriminate against any person because of race, creed, color, 20 national origin, sexual orientation, gender identity or expression, 21 military status, sex, age, disability, marital status, or familial 22 status in the terms, conditions or privileges of the sale, rental or 23 lease of any such housing accommodation or in the furnishing of facili- 24 ties or services in connection therewith. 25 (3) To print or circulate or cause to be printed or circulated any 26 statement, advertisement or publication, or to use any form of applica- 27 tion for the purchase, rental or lease of such housing accommodation or 28 to make any record or inquiry in connection with the prospective 29 purchase, rental or lease of such a housing accommodation which 30 expresses, directly or indirectly, any limitation, specification or 31 discrimination as to race, creed, color, national origin, sexual orien- 32 tation, gender identity or expression, military status, sex, age, disa- 33 bility, marital status, or familial status, or any intent to make any 34 such limitation, specification or discrimination. 35 The provisions of this paragraph (a) shall not apply (1) to the rental 36 of a housing accommodation in a building which contains housing accommo- 37 dations for not more than two families living independently of each 38 other, if the owner resides in one of such housing accommodations, (2) 39 to the restriction of the rental of all rooms in a housing accommodation 40 to individuals of the same sex or (3) to the rental of a room or rooms 41 in a housing accommodation, if such rental is by the occupant of the 42 housing accommodation or by the owner of the housing accommodation and 43 the owner resides in such housing accommodation or (4) solely with 44 respect to age and familial status to the restriction of the sale, 45 rental or lease of housing accommodations exclusively to persons sixty- 46 two years of age or older and the spouse of any such person, or for 47 housing intended and operated for occupancy by at least one person 48 fifty-five years of age or older per unit. In determining whether hous- 49 ing is intended and operated for occupancy by persons fifty-five years 50 of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 51 federal Fair Housing Act of 1988, as amended, shall apply. 52 (b) It shall be an unlawful discriminatory practice for the owner, 53 lessee, sub-lessee, or managing agent of, or other person having the 54 right of ownership or possession of or the right to sell, rent or lease, 55 land or commercial space:A. 3358 7 1 (1) To refuse to sell, rent, lease or otherwise deny to or withhold 2 from any person or group of persons land or commercial space because of 3 the race, creed, color, national origin, sexual orientation, gender 4 identity or expression, military status, sex, age, disability, marital 5 status, or familial status of such person or persons, or to represent 6 that any housing accommodation or land is not available for inspection, 7 sale, rental or lease when in fact it is so available; 8 (2) To discriminate against any person because of race, creed, color, 9 national origin, sexual orientation, gender identity or expression, 10 military status, sex, age, disability, marital status, or familial 11 status in the terms, conditions or privileges of the sale, rental or 12 lease of any such land or commercial space; or in the furnishing of 13 facilities or services in connection therewith; 14 (3) To print or circulate or cause to be printed or circulated any 15 statement, advertisement or publication, or to use any form of applica- 16 tion for the purchase, rental or lease of such land or commercial space 17 or to make any record or inquiry in connection with the prospective 18 purchase, rental or lease of such land or commercial space which 19 expresses, directly or indirectly, any limitation, specification or 20 discrimination as to race, creed, color, national origin, sexual orien- 21 tation, gender identity or expression, military status, sex, age, disa- 22 bility, marital status, or familial status; or any intent to make any 23 such limitation, specification or discrimination. 24 (4) With respect to age and familial status, the provisions of this 25 paragraph shall not apply to the restriction of the sale, rental or 26 lease of land or commercial space exclusively to persons fifty-five 27 years of age or older and the spouse of any such person, or to the 28 restriction of the sale, rental or lease of land to be used for the 29 construction, or location of housing accommodations exclusively for 30 persons sixty-two years of age or older, or intended and operated for 31 occupancy by at least one person fifty-five years of age or older per 32 unit. In determining whether housing is intended and operated for occu- 33 pancy by persons fifty-five years of age or older, Sec. 807(b) (2) (c) 34 (42 U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as 35 amended, shall apply. 36 (c) It shall be an unlawful discriminatory practice for any real 37 estate broker, real estate salesperson or employee or agent thereof: 38 (1) To refuse to sell, rent or lease any housing accommodation, land 39 or commercial space to any person or group of persons or to refuse to 40 negotiate for the sale, rental or lease, of any housing accommodation, 41 land or commercial space to any person or group of persons because of 42 the race, creed, color, national origin, sexual orientation, gender 43 identity or expression, military status, sex, age, disability, marital 44 status, or familial status of such person or persons, or to represent 45 that any housing accommodation, land or commercial space is not avail- 46 able for inspection, sale, rental or lease when in fact it is so avail- 47 able, or otherwise to deny or withhold any housing accommodation, land 48 or commercial space or any facilities of any housing accommodation, land 49 or commercial space from any person or group of persons because of the 50 race, creed, color, national origin, sexual orientation, gender identity 51 or expression, military status, sex, age, disability, marital status, or 52 familial status of such person or persons. 53 (2) To print or circulate or cause to be printed or circulated any 54 statement, advertisement or publication, or to use any form of applica- 55 tion for the purchase, rental or lease of any housing accommodation, 56 land or commercial space or to make any record or inquiry in connectionA. 3358 8 1 with the prospective purchase, rental or lease of any housing accommo- 2 dation, land or commercial space which expresses, directly or indirect- 3 ly, any limitation, specification, or discrimination as to race, creed, 4 color, national origin, sexual orientation, gender identity or 5 expression, military status, sex, age, disability, marital status, or 6 familial status; or any intent to make any such limitation, specifica- 7 tion or discrimination. 8 (3) With respect to age and familial status, the provisions of this 9 paragraph shall not apply to the restriction of the sale, rental or 10 lease of any housing accommodation, land or commercial space exclusively 11 to persons fifty-five years of age or older and the spouse of any such 12 person, or to the restriction of the sale, rental or lease of any hous- 13 ing accommodation or land to be used for the construction or location of 14 housing accommodations for persons sixty-two years of age or older, or 15 intended and operated for occupancy by at least one person fifty-five 16 years of age or older per unit. In determining whether housing is 17 intended and operated for occupancy by persons fifty-five years of age 18 or older, Sec. 807 (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the 19 federal Fair Housing Act of 1988, as amended, shall apply. 20 (d) It shall be an unlawful discriminatory practice for any real 21 estate board, because of the race, creed, color, national origin, sexual 22 orientation, gender identity or expression, military status, age, sex, 23 disability, marital status, or familial status of any individual who is 24 otherwise qualified for membership, to exclude or expel such individual 25 from membership, or to discriminate against such individual in the 26 terms, conditions and privileges of membership in such board. 27 (e) It shall be an unlawful discriminatory practice for the owner, 28 proprietor or managing agent of, or other person having the right to 29 provide care and services in, a private proprietary nursing home, conva- 30 lescent home, or home for adults, or an intermediate care facility, as 31 defined in section two of the social services law, heretofore 32 constructed, or to be constructed, or any agent or employee thereof, to 33 refuse to provide services and care in such home or facility to any 34 individual or to discriminate against any individual in the terms, 35 conditions, and privileges of such services and care solely because such 36 individual is a blind person. For purposes of this paragraph, a "blind 37 person" shall mean a person who is registered as a blind person with the 38 commission for the visually handicapped and who meets the definition of 39 a "blind person" pursuant to section three of chapter four hundred 40 fifteen of the laws of nineteen hundred thirteen entitled "An act to 41 establish a state commission for improving the condition of the blind of 42 the state of New York, and making an appropriation therefor". 43 (f) The provisions of this subdivision, as they relate to age, shall 44 not apply to persons under the age of eighteen years. 45 (g) It shall be an unlawful discriminatory practice for any person 46 offering or providing housing accommodations, land or commercial space 47 as described in paragraphs (a), (b), and (c) of this subdivision to make 48 or cause to be made any written or oral inquiry or record concerning 49 membership of any person in the state organized militia in relation to 50 the purchase, rental or lease of such housing accommodation, land, or 51 commercial space, provided, however, that nothing in this subdivision 52 shall prohibit a member of the state organized militia from voluntarily 53 disclosing such membership. 54 § 12. Paragraph (a) of subdivision 9 of section 296 of the executive 55 law, as amended by chapter 365 of the laws of 2015, is amended to read 56 as follows:A. 3358 9 1 (a) It shall be an unlawful discriminatory practice for any fire 2 department or fire company therein, through any member or members there- 3 of, officers, board of fire commissioners or other body or office having 4 power of appointment of volunteer firefighters, directly or indirectly, 5 by ritualistic practice, constitutional or by-law prescription, by tacit 6 agreement among its members, or otherwise, to deny to any individual 7 membership in any volunteer fire department or fire company therein, or 8 to expel or discriminate against any volunteer member of a fire depart- 9 ment or fire company therein, because of the race, creed, color, 10 national origin, sexual orientation, gender identity or expression, 11 military status, sex, marital status, or familial status, of such indi- 12 vidual. 13 § 13. Subdivision 13 of section 296 of the executive law, as amended 14 by chapter 365 of the laws of 2015, is amended to read as follows: 15 13. It shall be an unlawful discriminatory practice (i) for any person 16 to boycott or blacklist, or to refuse to buy from, sell to or trade 17 with, or otherwise discriminate against any person, because of the race, 18 creed, color, national origin, sexual orientation, gender identity or 19 expression, military status, sex, disability, or familial status, of 20 such person, or of such person's partners, members, stockholders, direc- 21 tors, officers, managers, superintendents, agents, employees, business 22 associates, suppliers or customers, or (ii) for any person wilfully to 23 do any act or refrain from doing any act which enables any such person 24 to take such action. This subdivision shall not apply to: 25 (a) Boycotts connected with labor disputes; or 26 (b) Boycotts to protest unlawful discriminatory practices. 27 § 14. Subdivisions 1, 2 and 3 of section 296-a of the executive law, 28 as amended by chapter 106 of the laws of 2003, are amended to read as 29 follows: 30 1. It shall be an unlawful discriminatory practice for any creditor or 31 any officer, agent or employee thereof: 32 a. In the case of applications for credit with respect to the 33 purchase, acquisition, construction, rehabilitation, repair or mainte- 34 nance of any housing accommodation, land or commercial space to discrim- 35 inate against any such applicant because of the race, creed, color, 36 national origin, sexual orientation, gender identity or expression, 37 military status, age, sex, marital status, disability, or familial 38 status of such applicant or applicants or any member, stockholder, 39 director, officer or employee of such applicant or applicants, or of the 40 prospective occupants or tenants of such housing accommodation, land or 41 commercial space, in the granting, withholding, extending or renewing, 42 or in the fixing of the rates, terms or conditions of, any such credit; 43 b. To discriminate in the granting, withholding, extending or renew- 44 ing, or in the fixing of the rates, terms or conditions of, any form of 45 credit, on the basis of race, creed, color, national origin, sexual 46 orientation, gender identity or expression, military status, age, sex, 47 marital status, disability, or familial status; 48 c. To use any form of application for credit or use or make any record 49 or inquiry which expresses, directly or indirectly, any limitation, 50 specification, or discrimination as to race, creed, color, national 51 origin, sexual orientation, gender identity or expression, military 52 status, age, sex, marital status, disability, or familial status; 53 d. To make any inquiry of an applicant concerning his or her capacity 54 to reproduce, or his or her use or advocacy of any form of birth control 55 or family planning;A. 3358 10 1 e. To refuse to consider sources of an applicant's income or to 2 subject an applicant's income to discounting, in whole or in part, 3 because of an applicant's race, creed, color, national origin, sexual 4 orientation, gender identity or expression, military status, age, sex, 5 marital status, childbearing potential, disability, or familial status; 6 f. To discriminate against a married person because such person 7 neither uses nor is known by the surname of his or her spouse. 8 This paragraph shall not apply to any situation where the use of a 9 surname would constitute or result in a criminal act. 10 2. Without limiting the generality of subdivision one of this section, 11 it shall be considered discriminatory if, because of an applicant's or 12 class of applicants' race, creed, color, national origin, sexual orien- 13 tation, gender identity or expression, military status, age, sex, mari- 14 tal status or disability, or familial status, (i) an applicant or class 15 of applicants is denied credit in circumstances where other applicants 16 of like overall credit worthiness are granted credit, or (ii) special 17 requirements or conditions, such as requiring co-obligors or reapplica- 18 tion upon marriage, are imposed upon an applicant or class of applicants 19 in circumstances where similar requirements or conditions are not 20 imposed upon other applicants of like overall credit worthiness. 21 3. It shall not be considered discriminatory if credit differen- 22 tiations or decisions are based upon factually supportable, objective 23 differences in applicants' overall credit worthiness, which may include 24 reference to such factors as current income, assets and prior credit 25 history of such applicants, as well as reference to any other relevant 26 factually supportable data; provided, however, that no creditor shall 27 consider, in evaluating the credit worthiness of an applicant, aggregate 28 statistics or assumptions relating to race, creed, color, national 29 origin, sexual orientation, gender identity or expression, military 30 status, sex, marital status or disability, or to the likelihood of any 31 group of persons bearing or rearing children, or for that reason receiv- 32 ing diminished or interrupted income in the future. 33 § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive 34 law, as added by chapter 481 of the laws of 2010, is amended to read as 35 follows: 36 (b) Subject a domestic worker to unwelcome harassment based on gender, 37 race, religion, sexual orientation, gender identity or expression or 38 national origin, where such harassment has the purpose or effect of 39 unreasonably interfering with an individual's work performance by creat- 40 ing an intimidating, hostile, or offensive working environment. 41 § 16. Section 40-c of the civil rights law, as amended by chapter 2 of 42 the laws of 2002, is amended to read as follows: 43 § 40-c. Discrimination. 1. All persons within the jurisdiction of this 44 state shall be entitled to the equal protection of the laws of this 45 state or any subdivision thereof. 46 2. No person shall, because of race, creed, color, national origin, 47 sex, marital status, sexual orientation, gender identity or expression, 48 or disability, as such term is defined in section two hundred ninety-two 49 of the executive law, be subjected to any discrimination in his or her 50 civil rights, or to any harassment, as defined in section 240.25 of the 51 penal law, in the exercise thereof, by any other person or by any firm, 52 corporation or institution, or by the state or any agency or subdivision 53 of the state. 54 § 17. Paragraph (a) of subdivision 1 of section 313 of the education 55 law, as amended by chapter 2 of the laws of 2002, is amended to read as 56 follows:A. 3358 11 1 (a) It is hereby declared to be the policy of the state that the Amer- 2 ican ideal of equality of opportunity requires that students, otherwise 3 qualified, be admitted to educational institutions and be given access 4 to all the educational programs and courses operated or provided by such 5 institutions without regard to race, color, sex, religion, creed, mari- 6 tal status, age, sexual orientation as defined in section two hundred 7 ninety-two of the executive law, gender identity or expression as 8 defined in section two hundred ninety-two of the executive law, or 9 national origin, except that, with regard to religious or denominational 10 educational institutions, students, otherwise qualified, shall have the 11 equal opportunity to attend therein without discrimination because of 12 race, color, sex, marital status, age, sexual orientation as defined in 13 section two hundred ninety-two of the executive law, gender identity or 14 expression as defined in section two hundred ninety-two of the executive 15 law, or national origin. It is a fundamental American right for members 16 of various religious faiths to establish and maintain educational insti- 17 tutions exclusively or primarily for students of their own religious 18 faith or to effectuate the religious principles in furtherance of which 19 they are maintained. Nothing herein contained shall impair or abridge 20 that right. 21 § 18. Subdivision 3 of section 313 of the education law, as amended by 22 chapter 2 of the laws of 2002, is amended to read as follows: 23 (3) Unfair educational practices. It shall be an unfair educational 24 practice for an educational institution after September fifteenth, nine- 25 teen hundred forty-eight: 26 (a) To exclude or limit or otherwise discriminate against any person 27 or persons seeking admission as students to such institution or to any 28 educational program or course operated or provided by such institution 29 because of race, religion, creed, sex, color, marital status, age, sexu- 30 al orientation as defined in section two hundred ninety-two of the exec- 31 utive law, gender identity or expression as defined in section two 32 hundred ninety-two of the executive law, or national origin; except that 33 nothing in this section shall be deemed to affect, in any way, the right 34 of a religious or denominational educational institution to select its 35 students exclusively or primarily from members of such religion or 36 denomination or from giving preference in such selection to such members 37 or to make such selection of its students as is calculated by such 38 institution to promote the religious principles for which it is estab- 39 lished or maintained. Nothing herein contained shall impair or abridge 40 the right of an independent institution, which establishes or maintains 41 a policy of educating persons of one sex exclusively, to admit students 42 of only one sex. 43 (b) To penalize any individual because he or she has initiated, testi- 44 fied, participated or assisted in any proceedings under this section. 45 (c) To accept any endowment or gift of money or property conditioned 46 upon teaching the doctrine of supremacy of any particular race. 47 (d) With respect to any individual who withdraws from attendance to 48 serve on active duty in the armed forces of the United States in time of 49 war, including any individual who withdrew from attendance on or after 50 August second, nineteen hundred ninety to serve on active duty in the 51 armed forces of the United States in the Persian Gulf conflict: (i) to 52 deny or limit the readmission of such individual to such institution or 53 to any educational program or course operated or provided by such insti- 54 tution because of such withdrawal from attendance or because of the 55 failure to complete any educational program or course due to such with- 56 drawal; (ii) to impose any academic penalty on such person because ofA. 3358 12 1 such withdrawal or because of the failure to complete any educational 2 program or course due to such withdrawal; (iii) to reduce or eliminate 3 any financial aid award granted to such individual which could not be 4 used, in whole or part, because of such withdrawal or because of the 5 failure to complete any educational program or course due to such with- 6 drawal; or (iv) to fail to provide a credit or refund of tuition and 7 fees paid by such individual for any semester, term or quarter not 8 completed because of such withdrawal or because of the failure to 9 complete any program or course due to such withdrawal. 10 (e) It shall not be an unfair educational practice for any educational 11 institution to use criteria other than race, religion, creed, sex, 12 color, marital status, age, sexual orientation as defined in section two 13 hundred ninety-two of the executive law, gender identity or expression 14 as defined in section two hundred ninety-two of the executive law, or 15 national origin in the admission of students to such institution or to 16 any of the educational programs and courses operated or provided by such 17 institution. 18 § 19. Section 485.00 of the penal law, as added by chapter 107 of the 19 laws of 2000, is amended to read as follows: 20 § 485.00 Legislative findings. 21 The legislature finds and determines as follows: criminal acts involv- 22 ing violence, intimidation and destruction of property based upon bias 23 and prejudice have become more prevalent in New York state in recent 24 years. The intolerable truth is that in these crimes, commonly and 25 justly referred to as "hate crimes", victims are intentionally selected, 26 in whole or in part, because of their race, color, national origin, 27 ancestry, gender, gender identity or expression, religion, religious 28 practice, age, disability or sexual orientation. Hate crimes do more 29 than threaten the safety and welfare of all citizens. They inflict on 30 victims incalculable physical and emotional damage and tear at the very 31 fabric of free society. Crimes motivated by invidious hatred toward 32 particular groups not only harm individual victims but send a powerful 33 message of intolerance and discrimination to all members of the group to 34 which the victim belongs. Hate crimes can and do intimidate and disrupt 35 entire communities and vitiate the civility that is essential to healthy 36 democratic processes. In a democratic society, citizens cannot be 37 required to approve of the beliefs and practices of others, but must 38 never commit criminal acts on account of them. Current law does not 39 adequately recognize the harm to public order and individual safety that 40 hate crimes cause. Therefore, our laws must be strengthened to provide 41 clear recognition of the gravity of hate crimes and the compelling 42 importance of preventing their recurrence. 43 Accordingly, the legislature finds and declares that hate crimes 44 should be prosecuted and punished with appropriate severity. 45 § 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal law, as 46 added by chapter 107 of the laws of 2000, are amended to read as 47 follows: 48 1. A person commits a hate crime when he or she commits a specified 49 offense and either: 50 (a) intentionally selects the person against whom the offense is 51 committed or intended to be committed in whole or in substantial part 52 because of a belief or perception regarding the race, color, national 53 origin, ancestry, gender, gender identity or expression, religion, reli- 54 gious practice, age, disability or sexual orientation of a person, 55 regardless of whether the belief or perception is correct, orA. 3358 13 1 (b) intentionally commits the act or acts constituting the offense in 2 whole or in substantial part because of a belief or perception regarding 3 the race, color, national origin, ancestry, gender, gender identity or 4 expression, religion, religious practice, age, disability or sexual 5 orientation of a person, regardless of whether the belief or perception 6 is correct. 7 2. Proof of race, color, national origin, ancestry, gender, gender 8 identity or expression, religion, religious practice, age, disability or 9 sexual orientation of the defendant, the victim or of both the defendant 10 and the victim does not, by itself, constitute legally sufficient 11 evidence satisfying the people's burden under paragraph (a) or (b) of 12 subdivision one of this section. 13 4. For purposes of this section: 14 (a) the term "age" means sixty years old or more; 15 (b) the term "disability" means a physical or mental impairment that 16 substantially limits a major life activity[.]; 17 (c) the term "gender identity or expression" means a person's actual 18 or perceived gender-related identity, appearance, behavior, expression, 19 or other gender-related characteristic regardless of the sex assigned to 20 that person at birth, including, but not limited to, the status of being 21 transgender. 22 § 21. Subdivision 3 of section 240.30 of the penal law, as amended by 23 chapter 188 of the laws of 2014, is amended to read as follows: 24 3. With the intent to harass, annoy, threaten or alarm another person, 25 he or she strikes, shoves, kicks, or otherwise subjects another person 26 to physical contact, or attempts or threatens to do the same because of 27 a belief or perception regarding such person's race, color, national 28 origin, ancestry, gender, gender identity or expression, religion, reli- 29 gious practice, age, disability or sexual orientation, regardless of 30 whether the belief or perception is correct; or 31 § 22. The opening paragraph of section 240.31 of the penal law, as 32 amended by chapter 49 of the laws of 2006, is amended to read as 33 follows: 34 A person is guilty of aggravated harassment in the first degree when 35 with intent to harass, annoy, threaten or alarm another person, because 36 of a belief or perception regarding such person's race, color, national 37 origin, ancestry, gender, gender identity or expression, religion, reli- 38 gious practice, age, disability or sexual orientation, regardless of 39 whether the belief or perception is correct, he or she: 40 § 23. Section 240.00 of the penal law is amended by adding a new 41 subdivision 7 to read as follows: 42 7. "Gender identity or expression" means a person's actual or 43 perceived gender-related identity, appearance, behavior, expression, or 44 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 § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal 48 procedure law, as amended by chapter 7 of the laws of 2007, is amended 49 to read as follows: 50 (c) in the case of any hate crime, as defined in section 485.05 of the 51 penal law, specifies, as applicable, that the defendant or defendants 52 intentionally selected the person against whom the offense was committed 53 or intended to be committed; or intentionally committed the act or acts 54 constituting the offense, in whole or in substantial part because of a 55 belief or perception regarding the race, color, national origin, ances-A. 3358 14 1 try, gender, gender identity or expression, religion, religious prac- 2 tice, age, disability or sexual orientation of a person; and 3 § 25. This act shall take effect on the thirtieth day after it shall 4 have become a law; provided, however, that sections nineteen through 5 twenty-four of this act shall take effect on the first of November next 6 succeeding the date on which it shall have become a law.