S01047 Summary:

BILL NOS01047
 
SAME ASSAME AS UNI. A00747
 
SPONSORHOYLMAN
 
COSPNSRADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS
 
MLTSPNSR
 
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.
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S01047 Actions:

BILL NOS01047
 
01/10/2019REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/14/2019REPORTED AND COMMITTED TO RULES
01/14/2019ORDERED TO THIRD READING CAL.2
01/15/2019PASSED SENATE
01/15/2019DELIVERED TO ASSEMBLY
01/15/2019referred to codes
01/15/2019substituted for a747
01/15/2019ordered to third reading rules cal.2
01/15/2019passed assembly
01/15/2019returned to senate
01/15/2019DELIVERED TO GOVERNOR
01/25/2019SIGNED CHAP.8
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S01047 Committee Votes:

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S01047 Floor Votes:

DATE:01/15/2019Assembly Vote  YEA/NAY: 105/43
AbbateYCrespoYGanttYLiPetriNOPerryYSimonY
AbinantiYCrouchNOGarbarinoNOLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioNOMagnarelliYPichardoYSmithNO
AshbyNOCusickYGlickYMalliotakisNOPretlowYSmullenNO
AubryYCymbrowitzYGoodellNOManktelowNOQuartYSolagesY
BarclayNODavilaYGottfriedYMcDonaldYRaNOStecNO
BarnwellYDe La RosaYGriffinYMcDonoughNORaiaNOSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoNOHawleyNOMikulinNORaynorYStirpeY
BenedettoYDickensYHevesiYMill B NOReillyNOTagueNO
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLNORichardsonYThieleY
BlankenbushNODiPietroNOJacobsonYMontesanoNORiveraYTitusY
BrabenecNOD'UrsoYJaffeeYMorinelloNORodriguezYVanelY
BraunsteinYEichensteinNOJean-PierreYMosleyYRomeoYWalczykNO
BronsonYEnglebrightYJohnsNONiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanERRose L YWallaceY
BurkeYFahyYJoynerYNorrisNORozicYWalshNO
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinY
ByrneYFernandezYKolbNOOrtizYSalkaNOWeprinY
ByrnesNOFinchYLalorNOOtisYSantabarbaraNOWilliamsY
CahillYFitzpatrickNOLavineYPalmesanoNOSayeghYWoernerY
CarrollYFriendNOLawrenceNOPalumboNOSchimmingerERWrightY
ColtonYFrontusYLentolYPaulinYSchmittNOZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

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S01047 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1047                                                   A. 747
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    January 10, 2019
                                       ___________
 
        IN  SENATE  --  Introduced  by Sens. HOYLMAN, ADDABBO, BAILEY, BENJAMIN,
          BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
          GOUNARDES,  HARCKHAM,  JACKSON,  KAMINSKY,  KAPLAN, KAVANAGH, KENNEDY,
          KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY, MYRIE,  PARK-
          ER,  PERSAUD,  RAMOS,  RIVERA,  SALAZAR,  SANDERS,  SAVINO, SEPULVEDA,
          SERRANO, SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Investigations and Government Operations
 
        IN ASSEMBLY -- Introduced by M. of A. GOTTFRIED, GLICK, O'DONNELL, BRON-
          SON, L. ROSENTHAL, HEASTIE, DINOWITZ,  COOK,  HEVESI,  CAHILL,  ENGLE-
          BRIGHT,  PAULIN,  RYAN,  ABINANTI,  MOSLEY,  ARROYO,  PICHARDO, ORTIZ,
          ROZIC, WEPRIN, BLAKE, STECK, BICHOTTE, HUNTER, CARROLL, D'URSO,  JEAN-
          PIERRE,  DE LA ROSA,  WALKER,  DICKENS,  JAFFEE,  SIMON,  BURKE, CRUZ,
          JACOBSON, REYES, FALL, ROMEO -- Multi-Sponsored by -- M. of A.  AUBRY,
          BENEDETTO,  BRAUNSTEIN,  DenDEKKER,  FAHY,  GALEF,  GUNTHER,  HYNDMAN,
          LIFTON, LUPARDO, MAGNARELLI,  OTIS,  PEOPLES-STOKES,  PERRY,  PRETLOW,
          QUART, RAMOS, RIVERA, SEAWRIGHT, SIMOTAS, 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03877-01-9

        S. 1047                             2                             A. 747
 
     1  opportunity,  whether  because of discrimination, prejudice, intolerance
     2  or inadequate education, training,  housing  or  health  care  not  only
     3  threatens  the  rights  and  proper  privileges  of its inhabitants, but
     4  menaces  the  institutions and foundation of a free democratic state and
     5  threatens the peace, order, health, safety and general  welfare  of  the
     6  state and its inhabitants.
     7    The  legislature  further finds that many residents of this state have
     8  encountered prejudice on account of their gender identity or expression,
     9  and that this prejudice  has  severely  limited  or  actually  prevented
    10  access to employment, housing and other basic necessities of life, lead-
    11  ing  to  deprivation  and  suffering. The legislature further recognizes
    12  that this prejudice has fostered a  general  climate  of  hostility  and
    13  distrust,  leading  in some instances to physical violence against those
    14  perceived to live in a gender identity or expression which is  different
    15  from  that traditionally associated with the sex assigned to that person
    16  at birth.
    17    In so doing, the legislature makes clear its action is not intended to
    18  promote any particular attitude, course of conduct or way of life. Rath-
    19  er its purpose is to ensure that individuals who live in our free socie-
    20  ty have the capacity to make their own choices, follow their own beliefs
    21  and conduct their own lives as they see fit,  consistent  with  existing
    22  law.
    23    The  legislature  further finds that, as court decisions have properly
    24  held, New York's sex discrimination laws prohibit  discrimination  based
    25  on  gender  stereotypes  or  because  an  individual has transitioned or
    26  intends to transition from one gender to another.  This  legislation  is
    27  intended  to  codify this principle and to ensure that the public under-
    28  stands  that  discrimination  on  the  basis  of  gender  identity   and
    29  expression is prohibited.
    30    §  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
    31  amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
    32  follows:
    33    1. The opportunity to obtain employment without discrimination because
    34  of  age, race, creed, color, national origin, sexual orientation, gender
    35  identity or expression, military status, sex, marital status,  or  disa-
    36  bility, is hereby recognized as and declared to be a civil right.
    37    2.  The  opportunity  to obtain education, the use of places of public
    38  accommodation and the ownership, use and occupancy of  housing  accommo-
    39  dations  and  commercial  space  without  discrimination because of age,
    40  race, creed, color, national origin, sexual orientation, gender identity
    41  or expression, military status, sex, marital status, or  disability,  as
    42  specified  in  section two hundred ninety-six of this article, is hereby
    43  recognized as and declared to be a civil right.
    44    § 3. Section 292 of the executive law  is  amended  by  adding  a  new
    45  subdivision 35 to read as follows:
    46    35.  The  term "gender identity or expression" means a person's actual
    47  or perceived gender-related identity, appearance, behavior,  expression,
    48  or 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    §  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
    52  amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
    53  follows:
    54    8. To create such advisory councils, local, regional or state-wide, as
    55  in  its  judgment  will aid in effectuating the purposes of this article
    56  and of section eleven of article one of the constitution of this  state,

        S. 1047                             3                             A. 747
 
     1  and  the  division  may  empower them to study the problems of discrimi-
     2  nation in all or specific fields of human relationships or  in  specific
     3  instances of discrimination because of age, race, creed, color, national
     4  origin,  sexual  orientation,  gender  identity  or expression, military
     5  status, sex, disability or marital status and  make  recommendations  to
     6  the  division  for the development of policies and procedures in general
     7  and in specific instances. The advisory councils also shall  disseminate
     8  information  about  the division's activities to organizations and indi-
     9  viduals in their localities. Such advisory councils shall be composed of
    10  representative citizens, serving without pay, but with reimbursement for
    11  actual and necessary traveling  expenses;  and  the  division  may  make
    12  provision for technical and clerical assistance to such councils and for
    13  the expenses of such assistance.
    14    9. To develop human rights plans and policies for the state and assist
    15  in their execution and to make investigations and studies appropriate to
    16  effectuate  this article and to issue such publications and such results
    17  of investigations and research as in its judgement will tend  to  inform
    18  persons  of the rights assured and remedies provided under this article,
    19  to promote good-will and minimize or eliminate discrimination because of
    20  age, race, creed, color, national  origin,  sexual  orientation,  gender
    21  identity  or  expression,  military  status,  sex, disability or marital
    22  status.
    23    § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
    24  of the executive law, as amended by chapter 365 of the laws of 2015, are
    25  amended to read as follows:
    26    (a)  For  an  employer or licensing agency, because of an individual's
    27  age, race, creed, color, national  origin,  sexual  orientation,  gender
    28  identity  or  expression, military status, sex, disability, predisposing
    29  genetic characteristics, familial status, marital  status,  or  domestic
    30  violence  victim  status,  to  refuse  to hire or employ or to bar or to
    31  discharge from employment such individual  or  to  discriminate  against
    32  such individual in compensation or in terms, conditions or privileges of
    33  employment.
    34    (b)  For  an  employment agency to discriminate against any individual
    35  because of age, race, creed, color, national origin, sexual orientation,
    36  gender identity or expression, military status, sex, disability, predis-
    37  posing genetic characteristics, familial status, or marital  status,  in
    38  receiving,  classifying, disposing or otherwise acting upon applications
    39  for its services or in  referring  an  applicant  or  applicants  to  an
    40  employer or employers.
    41    (c)  For a labor organization, because of the age, race, creed, color,
    42  national origin, sexual  orientation,  gender  identity  or  expression,
    43  military  status, sex, disability, predisposing genetic characteristics,
    44  familial status, or marital status of any individual, to exclude  or  to
    45  expel  from its membership such individual or to discriminate in any way
    46  against any of its members or against any  employer  or  any  individual
    47  employed by an employer.
    48    (d)  For  any  employer  or employment agency to print or circulate or
    49  cause to be printed or circulated any statement, advertisement or publi-
    50  cation, or to use any form of application for employment or to make  any
    51  inquiry  in  connection  with  prospective  employment,  which expresses
    52  directly or indirectly, any limitation, specification or  discrimination
    53  as  to  age,  race,  creed,  color, national origin, sexual orientation,
    54  gender identity or expression, military status, sex, disability, predis-
    55  posing genetic characteristics, familial status, or marital  status,  or
    56  any intent to make any such limitation, specification or discrimination,

        S. 1047                             4                             A. 747
 
     1  unless  based  upon  a  bona  fide occupational qualification; provided,
     2  however, that neither this paragraph nor any provision of  this  chapter
     3  or  other  law  shall  be  construed to prohibit the department of civil
     4  service  or the department of personnel of any city containing more than
     5  one county from requesting information from applicants for civil service
     6  examinations concerning any of the aforementioned characteristics, other
     7  than sexual orientation, for the purpose of conducting studies to  iden-
     8  tify and resolve possible problems in recruitment and testing of members
     9  of  minority  groups  to  insure the fairest possible and equal opportu-
    10  nities for employment in the civil service for all  persons,  regardless
    11  of  age,  race,  creed,  color,  national  origin, sexual orientation or
    12  gender identity or expression, military status, sex, disability, predis-
    13  posing genetic characteristics, familial status, or marital status.
    14    § 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296  of
    15  the  executive  law,  as amended by chapter 365 of the laws of 2015, are
    16  amended to read as follows:
    17    (b) To deny to or withhold from any person  because  of  race,  creed,
    18  color,   national   origin,   sexual  orientation,  gender  identity  or
    19  expression, military status, sex, age, disability, familial  status,  or
    20  marital status, the right to be admitted to or participate in a guidance
    21  program,   an   apprenticeship  training  program,  on-the-job  training
    22  program, executive training program, or other occupational  training  or
    23  retraining program;
    24    (c)  To  discriminate against any person in his or her pursuit of such
    25  programs or to discriminate against such a person in the  terms,  condi-
    26  tions  or  privileges  of  such  programs because of race, creed, color,
    27  national origin, sexual  orientation,  gender  identity  or  expression,
    28  military  status,  sex,  age,  disability,  familial  status  or marital
    29  status;
    30    (d) 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 such programs or to make any inquiry in  connection  with  such
    33  program  which  expresses, directly or indirectly, any limitation, spec-
    34  ification or discrimination as to race, creed, color,  national  origin,
    35  sexual orientation, gender identity or expression, military status, sex,
    36  age,  disability, familial status or marital status, or any intention to
    37  make any such limitation, specification or discrimination, unless  based
    38  on a bona fide occupational qualification.
    39    §  7.  Paragraph  (a) of subdivision 2 of section 296 of the executive
    40  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
    41  as follows:
    42    (a)  It  shall  be an unlawful discriminatory practice for any person,
    43  being the owner, lessee, proprietor, manager, superintendent,  agent  or
    44  employee  of  any  place  of  public accommodation, resort or amusement,
    45  because of the race, creed, color, national origin, sexual  orientation,
    46  gender  identity or expression, military status, sex, [or] disability or
    47  marital status of any person, directly or indirectly, to  refuse,  with-
    48  hold  from or deny to such person any of the accommodations, advantages,
    49  facilities or privileges thereof, including the extension of credit, or,
    50  directly or indirectly, to publish, circulate, issue, display,  post  or
    51  mail  any  written or printed communication, notice or advertisement, to
    52  the effect that any of the accommodations,  advantages,  facilities  and
    53  privileges  of  any such place shall be refused, withheld from or denied
    54  to any person on account of race, creed, color, national origin,  sexual
    55  orientation,  gender  identity or expression, military status, sex, [or]
    56  disability or marital status, or that the patronage or custom thereat of

        S. 1047                             5                             A. 747
 
     1  any person of or purporting to be of any particular race, creed,  color,
     2  national  origin,  sexual  orientation,  gender  identity or expression,
     3  military status, sex or marital status, or having a disability is unwel-
     4  come, objectionable or not acceptable, desired or solicited.
     5    §  8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of section
     6  296 of the executive law, paragraphs (a), (b) and  (c)  as  amended  and
     7  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
     8  to read as follows:
     9    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
    10  hold from any person or group of  persons  such  housing  accommodations
    11  because  of  the race, creed, color, disability, national origin, sexual
    12  orientation, gender identity or expression, military status,  age,  sex,
    13  marital  status,  or  familial  status  of such person or persons, or to
    14  represent that any housing accommodation or land is  not  available  for
    15  inspection, sale, rental or lease when in fact it is so available.
    16    (b)  To  discriminate  against  any person because of his or her race,
    17  creed, color, disability, national origin,  sexual  orientation,  gender
    18  identity  or  expression,  military status, age, sex, marital status, or
    19  familial status in the terms, conditions or privileges of any  publicly-
    20  assisted  housing  accommodations  or in the furnishing of facilities or
    21  services in connection therewith.
    22    (c) To cause to be made any written or oral inquiry or record concern-
    23  ing the race, creed, color, disability, national origin,  sexual  orien-
    24  tation,  gender  identity or expression, membership in the reserve armed
    25  forces of the United States or in the organized militia  of  the  state,
    26  age, sex, marital status, or familial status of a person seeking to rent
    27  or lease any publicly-assisted housing accommodation; provided, however,
    28  that  nothing in this subdivision shall prohibit a member of the reserve
    29  armed forces of the United States or in the  organized  militia  of  the
    30  state from voluntarily disclosing such membership.
    31    (c-1)  To  print or circulate or cause to be printed or circulated any
    32  statement, advertisement or publication, or to use any form of  applica-
    33  tion  for the purchase, rental or lease of such housing accommodation or
    34  to make any  record  or  inquiry  in  connection  with  the  prospective
    35  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    36  expresses, directly or  indirectly,  any  limitation,  specification  or
    37  discrimination  as to race, creed, color, national origin, sexual orien-
    38  tation, gender identity or expression, military status, sex, age,  disa-
    39  bility,  marital  status,  or familial status, or any intent to make any
    40  such limitation, specification or discrimination.
    41    § 9. Subdivision 3-b of section 296 of the executive law,  as  amended
    42  by chapter 106 of the laws of 2003, is amended to read as follows:
    43    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    44  estate broker, real estate salesperson or employee or agent  thereof  or
    45  any  other  individual, corporation, partnership or organization for the
    46  purpose of inducing a real estate transaction from which any such person
    47  or any of its stockholders or members may benefit financially, to repre-
    48  sent that a change has occurred or will or may occur in the  composition
    49  with respect to race, creed, color, national origin, sexual orientation,
    50  gender identity or expression, military status, sex, disability, marital
    51  status,  or  familial  status  of  the owners or occupants in the block,
    52  neighborhood or area in which the  real  property  is  located,  and  to
    53  represent,  directly  or indirectly, that this change will or may result
    54  in undesirable consequences in the block, neighborhood or area in  which
    55  the  real property is located, including but not limited to the lowering

        S. 1047                             6                             A. 747

     1  of property values, an increase in criminal or anti-social behavior,  or
     2  a decline in the quality of schools or other facilities.
     3    § 10. Subdivision 4 of section 296 of the executive law, as amended by
     4  chapter 106 of the laws of 2003, is amended to read as follows:
     5    4.  It  shall  be an unlawful discriminatory practice for an education
     6  corporation or association which holds itself out to the  public  to  be
     7  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
     8  article four of the real property tax law to deny the use of its facili-
     9  ties to any person otherwise qualified, or to permit the  harassment  of
    10  any  student or applicant, by reason of his race, color, religion, disa-
    11  bility,  national  origin,  sexual  orientation,  gender   identity   or
    12  expression, military status, sex, age or marital status, except that any
    13  such  institution  which  establishes or maintains a policy of educating
    14  persons of one sex exclusively may admit students of only one sex.
    15    § 11. Subdivision 5 of section 296 of the executive law, as amended by
    16  chapter 106 of the laws of 2003, is amended to read as follows:
    17    5. (a) It shall be an unlawful discriminatory practice for the  owner,
    18  lessee,  sub-lessee,  assignee,  or  managing  agent of, or other person
    19  having the right  to  sell,  rent  or  lease  a  housing  accommodation,
    20  constructed or to be constructed, or any agent or employee thereof:
    21    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    22  from any person or group of persons such a housing accommodation because
    23  of  the  race, creed, color, national origin, sexual orientation, gender
    24  identity or expression, military status, sex, age,  disability,  marital
    25  status,  or  familial  status of such person or persons, or to represent
    26  that any housing accommodation or land is not available for  inspection,
    27  sale, rental or lease when in fact it is so available.
    28    (2)  To discriminate against any person because of race, creed, color,
    29  national origin, sexual  orientation,  gender  identity  or  expression,
    30  military  status,  sex,  age,  disability,  marital  status, or familial
    31  status in the terms, conditions or privileges of  the  sale,  rental  or
    32  lease  of any such housing accommodation or in the furnishing of facili-
    33  ties or services in connection therewith.
    34    (3) To print or circulate or cause to be  printed  or  circulated  any
    35  statement,  advertisement or publication, or to use any form of applica-
    36  tion for the purchase, rental or lease of such housing accommodation  or
    37  to  make  any  record  or  inquiry  in  connection  with the prospective
    38  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    39  expresses,  directly  or  indirectly,  any  limitation, specification or
    40  discrimination as to race, creed, color, national origin, sexual  orien-
    41  tation,  gender identity or expression, military status, sex, age, disa-
    42  bility, marital status, or familial status, or any intent  to  make  any
    43  such limitation, specification or discrimination.
    44    The provisions of this paragraph (a) shall not apply (1) to the rental
    45  of a housing accommodation in a building which contains housing accommo-
    46  dations  for  not  more  than  two families living independently of each
    47  other, if the owner resides in one of such housing  accommodations,  (2)
    48  to the restriction of the rental of all rooms in a housing accommodation
    49  to  individuals  of the same sex or (3) to the rental of a room or rooms
    50  in a housing accommodation, if such rental is by  the  occupant  of  the
    51  housing  accommodation  or by the owner of the housing accommodation and
    52  the owner resides in such  housing  accommodation  or  (4)  solely  with
    53  respect  to  age  and  familial  status  to the restriction of the sale,
    54  rental or lease of housing accommodations exclusively to persons  sixty-
    55  two  years  of  age  or  older and the spouse of any such person, or for
    56  housing intended and operated for  occupancy  by  at  least  one  person

        S. 1047                             7                             A. 747
 
     1  fifty-five  years of age or older per unit. In determining whether hous-
     2  ing is intended and operated for occupancy by persons  fifty-five  years
     3  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
     4  federal Fair Housing Act of 1988, as amended, shall apply.
     5    (b)  It  shall  be  an unlawful discriminatory practice for the owner,
     6  lessee, sub-lessee, or managing agent of, or  other  person  having  the
     7  right of ownership or possession of or the right to sell, rent or lease,
     8  land or commercial space:
     9    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
    10  from any person or group of persons land or commercial space because  of
    11  the  race,  creed,  color,  national  origin, sexual orientation, gender
    12  identity or expression, military status, sex, age,  disability,  marital
    13  status,  or  familial  status of such person or persons, or to represent
    14  that any housing accommodation or land is not available for  inspection,
    15  sale, rental or lease when in fact it is so available;
    16    (2)  To discriminate against any person because of race, creed, color,
    17  national origin, sexual  orientation,  gender  identity  or  expression,
    18  military  status,  sex,  age,  disability,  marital  status, or familial
    19  status in the terms, conditions or privileges of  the  sale,  rental  or
    20  lease  of  any  such  land  or commercial space; or in the furnishing of
    21  facilities or services in connection therewith;
    22    (3) To print or circulate or cause to be  printed  or  circulated  any
    23  statement,  advertisement or publication, or to use any form of applica-
    24  tion for the purchase, rental or lease of such land or commercial  space
    25  or  to  make  any  record  or inquiry in connection with the prospective
    26  purchase, rental or  lease  of  such  land  or  commercial  space  which
    27  expresses,  directly  or  indirectly,  any  limitation, specification or
    28  discrimination as to race, creed, color, national origin, sexual  orien-
    29  tation,  gender identity or expression, military status, sex, age, disa-
    30  bility, marital status, or familial status; or any intent  to  make  any
    31  such limitation, specification or discrimination.
    32    (4)  With  respect  to age and familial status, the provisions of this
    33  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    34  lease  of  land  or  commercial  space exclusively to persons fifty-five
    35  years of age or older and the spouse of  any  such  person,  or  to  the
    36  restriction  of  the  sale,  rental  or lease of land to be used for the
    37  construction, or location  of  housing  accommodations  exclusively  for
    38  persons  sixty-two  years  of age or older, or intended and operated for
    39  occupancy by at least one person fifty-five years of age  or  older  per
    40  unit.  In determining whether housing is intended and operated for occu-
    41  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    42  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    43  amended, shall apply.
    44    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
    45  estate broker, real estate salesperson or employee or agent thereof:
    46    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    47  or commercial space to any person or group of persons or  to  refuse  to
    48  negotiate  for  the sale, rental or lease, of any housing accommodation,
    49  land or commercial space to any person or group of  persons  because  of
    50  the  race,  creed,  color,  national  origin, sexual orientation, gender
    51  identity or expression, military status, sex, age,  disability,  marital
    52  status,  or  familial  status of such person or persons, or to represent
    53  that any housing accommodation, land or commercial space is  not  avail-
    54  able  for inspection, sale, rental or lease when in fact it is so avail-
    55  able, or otherwise to deny or withhold any housing  accommodation,  land
    56  or commercial space or any facilities of any housing accommodation, land

        S. 1047                             8                             A. 747
 
     1  or  commercial  space from any person or group of persons because of the
     2  race, creed, color, national origin, sexual orientation, gender identity
     3  or expression, military status, sex, age, disability, marital status, or
     4  familial status of such person or persons.
     5    (2)  To  print  or  circulate or cause to be printed or circulated any
     6  statement, advertisement or publication, or to use any form of  applica-
     7  tion  for  the  purchase,  rental or lease of any housing accommodation,
     8  land or commercial space or to make any record or inquiry in  connection
     9  with  the  prospective purchase, rental or lease of any housing accommo-
    10  dation, land or commercial space which expresses, directly or  indirect-
    11  ly,  any limitation, specification, or discrimination as to race, creed,
    12  color,  national  origin,  sexual  orientation,   gender   identity   or
    13  expression,  military  status,  sex, age, disability, marital status, or
    14  familial status; or any intent to make any such  limitation,  specifica-
    15  tion or discrimination.
    16    (3)  With  respect  to age and familial status, the provisions of this
    17  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    18  lease of any housing accommodation, land or commercial space exclusively
    19  to  persons  fifty-five years of age or older and the spouse of any such
    20  person, or to the restriction of the sale, rental or lease of any  hous-
    21  ing accommodation or land to be used for the construction or location of
    22  housing  accommodations  for persons sixty-two years of age or older, or
    23  intended and operated for occupancy by at least  one  person  fifty-five
    24  years  of  age  or  older  per  unit.  In determining whether housing is
    25  intended and operated for occupancy by persons fifty-five years  of  age
    26  or  older,  Sec.    807  (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    27  federal Fair Housing Act of 1988, as amended, shall apply.
    28    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    29  estate board, because of the race, creed, color, national origin, sexual
    30  orientation,  gender  identity or expression, military status, age, sex,
    31  disability, marital status, or familial status of any individual who  is
    32  otherwise  qualified for membership, to exclude or expel such individual
    33  from membership, or to  discriminate  against  such  individual  in  the
    34  terms, conditions and privileges of membership in such board.
    35    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
    36  proprietor or managing agent of, or other person  having  the  right  to
    37  provide care and services in, a private proprietary nursing home, conva-
    38  lescent  home,  or home for adults, or an intermediate care facility, as
    39  defined  in  section  two  of  the  social  services   law,   heretofore
    40  constructed,  or to be constructed, or any agent or employee thereof, to
    41  refuse to provide services and care in such  home  or  facility  to  any
    42  individual  or  to  discriminate  against  any  individual in the terms,
    43  conditions, and privileges of such services and care solely because such
    44  individual is a blind person. For purposes of this paragraph,  a  "blind
    45  person" shall mean a person who is registered as a blind person with the
    46  commission  for the visually handicapped and who meets the definition of
    47  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    48  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
    49  establish a state commission for improving the condition of the blind of
    50  the state of New York, and making an appropriation therefor".
    51    (f) The provisions of this subdivision, as they relate to  age,  shall
    52  not apply to persons under the age of eighteen years.
    53    (g)  It  shall  be  an unlawful discriminatory practice for any person
    54  offering or providing housing accommodations, land or  commercial  space
    55  as described in paragraphs (a), (b), and (c) of this subdivision to make
    56  or  cause  to  be  made any written or oral inquiry or record concerning

        S. 1047                             9                             A. 747
 
     1  membership of any person in the state organized militia in  relation  to
     2  the  purchase,  rental  or lease of such housing accommodation, land, or
     3  commercial space, provided, however, that nothing  in  this  subdivision
     4  shall  prohibit a member of the state organized militia from voluntarily
     5  disclosing such membership.
     6    § 12. Paragraph (a) of subdivision 9 of section 296 of  the  executive
     7  law,  as  amended by chapter 365 of the laws of 2015, is amended to read
     8  as follows:
     9    (a) It shall be an  unlawful  discriminatory  practice  for  any  fire
    10  department or fire company therein, through any member or members there-
    11  of, officers, board of fire commissioners or other body or office having
    12  power  of appointment of volunteer firefighters, directly or indirectly,
    13  by ritualistic practice, constitutional or by-law prescription, by tacit
    14  agreement among its members, or otherwise, to  deny  to  any  individual
    15  membership  in any volunteer fire department or fire company therein, or
    16  to expel or discriminate against any volunteer member of a fire  depart-
    17  ment  or  fire  company  therein,  because  of  the  race, creed, color,
    18  national origin, sexual  orientation,  gender  identity  or  expression,
    19  military  status, sex, marital status, or familial status, of such indi-
    20  vidual.
    21    § 13. Subdivision 13 of section 296 of the executive law,  as  amended
    22  by chapter 365 of the laws of 2015, is amended to read as follows:
    23    13. It shall be an unlawful discriminatory practice (i) for any person
    24  to  boycott  or  blacklist,  or  to refuse to buy from, sell to or trade
    25  with, or otherwise discriminate against any person, because of the race,
    26  creed, color, national origin, sexual orientation,  gender  identity  or
    27  expression,  military  status,  sex,  disability, or familial status, of
    28  such person, or of such person's partners, members, stockholders, direc-
    29  tors, officers, managers, superintendents, agents,  employees,  business
    30  associates,  suppliers  or customers, or (ii) for any person wilfully to
    31  do any act or refrain from doing any act which enables any  such  person
    32  to take such action. This subdivision shall not apply to:
    33    (a) Boycotts connected with labor disputes; or
    34    (b) Boycotts to protest unlawful discriminatory practices.
    35    §  14.  Subdivisions 1, 2 and 3 of section 296-a of the executive law,
    36  as amended by chapter 106 of the laws of 2003, are amended  to  read  as
    37  follows:
    38    1. It shall be an unlawful discriminatory practice for any creditor or
    39  any officer, agent or employee thereof:
    40    a.  In  the  case  of  applications  for  credit  with  respect to the
    41  purchase, acquisition, construction, rehabilitation, repair  or  mainte-
    42  nance of any housing accommodation, land or commercial space to discrim-
    43  inate  against  any  such  applicant  because of the race, creed, color,
    44  national origin, sexual  orientation,  gender  identity  or  expression,
    45  military  status,  age,  sex,  marital  status,  disability, or familial
    46  status of such applicant  or  applicants  or  any  member,  stockholder,
    47  director, officer or employee of such applicant or applicants, or of the
    48  prospective  occupants or tenants of such housing accommodation, land or
    49  commercial space, in the granting, withholding, extending  or  renewing,
    50  or in the fixing of the rates, terms or conditions of, any such credit;
    51    b.  To  discriminate in the granting, withholding, extending or renew-
    52  ing, or in the fixing of the rates, terms or conditions of, any form  of
    53  credit,  on  the  basis  of  race, creed, color, national origin, sexual
    54  orientation, gender identity or expression, military status,  age,  sex,
    55  marital status, disability, or familial status;

        S. 1047                            10                             A. 747
 
     1    c. To use any form of application for credit or use or make any record
     2  or  inquiry  which  expresses,  directly  or indirectly, any limitation,
     3  specification, or discrimination as  to  race,  creed,  color,  national
     4  origin,  sexual  orientation,  gender  identity  or expression, military
     5  status, age, sex, marital status, disability, or familial status;
     6    d.  To make any inquiry of an applicant concerning his or her capacity
     7  to reproduce, or his or her use or advocacy of any form of birth control
     8  or family planning;
     9    e. To refuse to consider  sources  of  an  applicant's  income  or  to
    10  subject  an  applicant's  income  to  discounting,  in whole or in part,
    11  because of an applicant's race, creed, color,  national  origin,  sexual
    12  orientation,  gender  identity or expression, military status, age, sex,
    13  marital status, childbearing potential, disability, or familial status;
    14    f. To discriminate  against  a  married  person  because  such  person
    15  neither uses nor is known by the surname of his or her spouse.
    16    This  paragraph  shall  not  apply to any situation where the use of a
    17  surname would constitute or result in a criminal act.
    18    2. Without limiting the generality of subdivision one of this section,
    19  it shall be considered discriminatory if, because of an  applicant's  or
    20  class  of applicants' race, creed, color, national origin, sexual orien-
    21  tation, gender identity or expression, military status, age, sex,  mari-
    22  tal  status or disability, or familial status, (i) an applicant or class
    23  of applicants is denied credit in circumstances where  other  applicants
    24  of  like  overall  credit worthiness are granted credit, or (ii) special
    25  requirements or conditions, such as requiring co-obligors or  reapplica-
    26  tion upon marriage, are imposed upon an applicant or class of applicants
    27  in  circumstances  where  similar  requirements  or  conditions  are not
    28  imposed upon other applicants of like overall credit worthiness.
    29    3. It shall not  be  considered  discriminatory  if  credit  differen-
    30  tiations  or  decisions  are based upon factually supportable, objective
    31  differences in applicants' overall credit worthiness, which may  include
    32  reference  to  such  factors  as current income, assets and prior credit
    33  history of such applicants, as well as reference to any  other  relevant
    34  factually  supportable  data;  provided, however, that no creditor shall
    35  consider, in evaluating the credit worthiness of an applicant, aggregate
    36  statistics or assumptions  relating  to  race,  creed,  color,  national
    37  origin,  sexual  orientation,  gender  identity  or expression, military
    38  status, sex, marital status or disability, or to the likelihood  of  any
    39  group of persons bearing or rearing children, or for that reason receiv-
    40  ing diminished or interrupted income in the future.
    41    § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
    42  law,  as added by chapter 481 of the laws of 2010, is amended to read as
    43  follows:
    44    (b) Subject a domestic worker to unwelcome harassment based on gender,
    45  race, religion, sexual orientation, gender  identity  or  expression  or
    46  national  origin,  where  such  harassment  has the purpose or effect of
    47  unreasonably interfering with an individual's work performance by creat-
    48  ing an intimidating, hostile, or offensive working environment.
    49    § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
    50  the laws of 2002, is amended to read as follows:
    51    § 40-c. Discrimination. 1. All persons within the jurisdiction of this
    52  state shall be entitled to the equal protection  of  the  laws  of  this
    53  state or any subdivision thereof.
    54    2.  No  person  shall, because of race, creed, color, national origin,
    55  sex, marital status, sexual orientation, gender identity or  expression,
    56  or disability, as such term is defined in section two hundred ninety-two

        S. 1047                            11                             A. 747
 
     1  of  the  executive law, be subjected to any discrimination in his or her
     2  civil rights, or to any harassment, as defined in section 240.25 of  the
     3  penal  law, in the exercise thereof, by any other person or by any firm,
     4  corporation or institution, or by the state or any agency or subdivision
     5  of the state.
     6    §  17.  Paragraph (a) of subdivision 1 of section 313 of the education
     7  law, as amended by chapter 2 of the laws of 2002, is amended to read  as
     8  follows:
     9    (a) It is hereby declared to be the policy of the state that the Amer-
    10  ican  ideal of equality of opportunity requires that students, otherwise
    11  qualified, be admitted to educational institutions and be  given  access
    12  to all the educational programs and courses operated or provided by such
    13  institutions  without regard to race, color, sex, religion, creed, mari-
    14  tal status, age, sexual orientation as defined in  section  two  hundred
    15  ninety-two  of  the  executive  law,  gender  identity  or expression as
    16  defined in section two hundred  ninety-two  of  the  executive  law,  or
    17  national origin, except that, with regard to religious or denominational
    18  educational  institutions, students, otherwise qualified, shall have the
    19  equal opportunity to attend therein without  discrimination  because  of
    20  race,  color, sex, marital status, age, sexual orientation as defined in
    21  section two hundred ninety-two of the executive law, gender identity  or
    22  expression as defined in section two hundred ninety-two of the executive
    23  law,  or national origin. It is a fundamental American right for members
    24  of various religious faiths to establish and maintain educational insti-
    25  tutions exclusively or primarily for students  of  their  own  religious
    26  faith  or to effectuate the religious principles in furtherance of which
    27  they are maintained. Nothing herein contained shall  impair  or  abridge
    28  that right.
    29    § 18. Subdivision 3 of section 313 of the education law, as amended by
    30  chapter 2 of the laws of 2002, is amended to read as follows:
    31    (3)  Unfair  educational  practices. It shall be an unfair educational
    32  practice for an educational institution after September fifteenth, nine-
    33  teen hundred forty-eight:
    34    (a) To exclude or limit or otherwise discriminate against  any  person
    35  or  persons  seeking admission as students to such institution or to any
    36  educational program or course operated or provided by  such  institution
    37  because of race, religion, creed, sex, color, marital status, age, sexu-
    38  al orientation as defined in section two hundred ninety-two of the exec-
    39  utive  law,  gender  identity  or  expression  as defined in section two
    40  hundred ninety-two of the executive law, or national origin; except that
    41  nothing in this section shall be deemed to affect, in any way, the right
    42  of a religious or denominational educational institution to  select  its
    43  students  exclusively  or  primarily  from  members  of such religion or
    44  denomination or from giving preference in such selection to such members
    45  or to make such selection of its  students  as  is  calculated  by  such
    46  institution  to  promote the religious principles for which it is estab-
    47  lished or maintained. Nothing herein contained shall impair  or  abridge
    48  the  right of an independent institution, which establishes or maintains
    49  a policy of educating persons of one sex exclusively, to admit  students
    50  of only one sex.
    51    (b) To penalize any individual because he or she has initiated, testi-
    52  fied, participated or assisted in any proceedings under this section.
    53    (c)  To  accept any endowment or gift of money or property conditioned
    54  upon teaching the doctrine of supremacy of any particular race.
    55    (d) With respect to any individual who withdraws  from  attendance  to
    56  serve on active duty in the armed forces of the United States in time of

        S. 1047                            12                             A. 747
 
     1  war,  including  any individual who withdrew from attendance on or after
     2  August second, nineteen hundred ninety to serve on active  duty  in  the
     3  armed  forces  of the United States in the Persian Gulf conflict: (i) to
     4  deny  or limit the readmission of such individual to such institution or
     5  to any educational program or course operated or provided by such insti-
     6  tution because of such withdrawal from  attendance  or  because  of  the
     7  failure  to complete any educational program or course due to such with-
     8  drawal; (ii) to impose any academic penalty on such  person  because  of
     9  such  withdrawal  or  because of the failure to complete any educational
    10  program or course due to such withdrawal; (iii) to reduce  or  eliminate
    11  any  financial  aid  award granted to such individual which could not be
    12  used, in whole or part, because of such withdrawal  or  because  of  the
    13  failure  to complete any educational program or course due to such with-
    14  drawal; or (iv) to fail to provide a credit or  refund  of  tuition  and
    15  fees  paid  by  such  individual  for  any semester, term or quarter not
    16  completed because of such  withdrawal  or  because  of  the  failure  to
    17  complete any program or course due to such withdrawal.
    18    (e) It shall not be an unfair educational practice for any educational
    19  institution  to  use  criteria  other  than  race, religion, creed, sex,
    20  color, marital status, age, sexual orientation as defined in section two
    21  hundred ninety-two of the executive law, gender identity  or  expression
    22  as  defined  in  section two hundred ninety-two of the executive law, or
    23  national origin in the admission of students to such institution  or  to
    24  any of the educational programs and courses operated or provided by such
    25  institution.
    26    §  19. Section 485.00 of the penal law, as added by chapter 107 of the
    27  laws of 2000, is amended to read as follows:
    28  § 485.00 Legislative findings.
    29    The legislature finds and determines as follows: criminal acts involv-
    30  ing violence, intimidation and destruction of property based  upon  bias
    31  and  prejudice  have  become  more prevalent in New York state in recent
    32  years.  The intolerable truth is that  in  these  crimes,  commonly  and
    33  justly referred to as "hate crimes", victims are intentionally selected,
    34  in  whole  or  in  part,  because of their race, color, national origin,
    35  ancestry, gender, gender identity  or  expression,  religion,  religious
    36  practice,  age,  disability  or  sexual orientation. Hate crimes do more
    37  than threaten the safety and welfare of all citizens.  They  inflict  on
    38  victims  incalculable physical and emotional damage and tear at the very
    39  fabric of free society. Crimes  motivated  by  invidious  hatred  toward
    40  particular  groups  not only harm individual victims but send a powerful
    41  message of intolerance and discrimination to all members of the group to
    42  which the victim belongs.  Hate crimes can and do intimidate and disrupt
    43  entire communities and vitiate the civility that is essential to healthy
    44  democratic processes.   In a  democratic  society,  citizens  cannot  be
    45  required  to  approve  of  the beliefs and practices of others, but must
    46  never commit criminal acts on account of  them.  Current  law  does  not
    47  adequately recognize the harm to public order and individual safety that
    48  hate  crimes  cause. Therefore, our laws must be strengthened to provide
    49  clear recognition of the gravity  of  hate  crimes  and  the  compelling
    50  importance of preventing their recurrence.
    51    Accordingly,  the  legislature  finds  and  declares  that hate crimes
    52  should be prosecuted and punished with appropriate severity.
    53    § 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
    54  added  by  chapter  107  of  the  laws  of  2000, are amended to read as
    55  follows:

        S. 1047                            13                             A. 747
 
     1    1. A person commits a hate crime when he or she  commits  a  specified
     2  offense and either:
     3    (a)  intentionally  selects  the  person  against  whom the offense is
     4  committed or intended to be committed in whole or  in  substantial  part
     5  because  of  a  belief or perception regarding the race, color, national
     6  origin, ancestry, gender, gender identity or expression, religion, reli-
     7  gious practice, age, disability  or  sexual  orientation  of  a  person,
     8  regardless of whether the belief or perception is correct, or
     9    (b)  intentionally commits the act or acts constituting the offense in
    10  whole or in substantial part because of a belief or perception regarding
    11  the race, color, national origin, ancestry, gender, gender  identity  or
    12  expression,  religion,  religious  practice,  age,  disability or sexual
    13  orientation of a person, regardless of whether the belief or  perception
    14  is correct.
    15    2.  Proof  of  race,  color, national origin, ancestry, gender, gender
    16  identity or expression, religion, religious practice, age, disability or
    17  sexual orientation of the defendant, the victim or of both the defendant
    18  and the victim  does  not,  by  itself,  constitute  legally  sufficient
    19  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
    20  subdivision one of this section.
    21    4. For purposes of this section:
    22    (a) the term "age" means sixty years old or more;
    23    (b) the term "disability" means a physical or mental  impairment  that
    24  substantially limits a major life activity[.];
    25    (c)  the  term "gender identity or expression" means a person's actual
    26  or perceived gender-related identity, appearance, behavior,  expression,
    27  or other gender-related characteristic regardless of the sex assigned to
    28  that person at birth, including, but not limited to, the status of being
    29  transgender.
    30    §  21. Subdivision 3 of section 240.30 of the penal law, as amended by
    31  chapter 188 of the laws of 2014, is amended to read as follows:
    32    3. With the intent to harass, annoy, threaten or alarm another person,
    33  he or she strikes, shoves, kicks, or otherwise subjects  another  person
    34  to  physical contact, or attempts or threatens to do the same because of
    35  a belief or perception regarding such  person's  race,  color,  national
    36  origin, ancestry, gender, gender identity or expression, religion, reli-
    37  gious  practice,  age,  disability  or sexual orientation, regardless of
    38  whether the belief or perception is correct; or
    39    § 22. The opening paragraph of section 240.31 of  the  penal  law,  as
    40  amended  by  chapter  49  of  the  laws  of  2006, is amended to read as
    41  follows:
    42    A person is guilty of aggravated harassment in the first  degree  when
    43  with  intent to harass, annoy, threaten or alarm another person, because
    44  of a belief or perception regarding such person's race, color,  national
    45  origin, ancestry, gender, gender identity or expression, religion, reli-
    46  gious  practice,  age,  disability  or sexual orientation, regardless of
    47  whether the belief or perception is correct, he or she:
    48    § 23. Section 240.00 of the penal law  is  amended  by  adding  a  new
    49  subdivision 7 to read as follows:
    50    7.  "Gender  identity  or  expression"  means  a  person's  actual  or
    51  perceived gender-related identity, appearance, behavior, expression,  or
    52  other  gender-related  characteristic  regardless of the sex assigned to
    53  that person at birth, including, but not limited to, the status of being
    54  transgender.

        S. 1047                            14                             A. 747
 
     1    § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
     2  procedure law, as amended by chapter 7 of the laws of 2007,  is  amended
     3  to read as follows:
     4    (c) in the case of any hate crime, as defined in section 485.05 of the
     5  penal  law,  specifies,  as applicable, that the defendant or defendants
     6  intentionally selected the person against whom the offense was committed
     7  or intended to be committed; or intentionally committed the act or  acts
     8  constituting  the  offense, in whole or in substantial part because of a
     9  belief or perception regarding the race, color, national origin,  ances-
    10  try,  gender,  gender  identity or expression, religion, religious prac-
    11  tice, age, disability or sexual orientation of a person; and
    12    § 25. This act shall take effect on the thirtieth day after  it  shall
    13  have  become  a  law;  provided, however, that sections nineteen through
    14  twenty-four of this act shall take effect on the first of November  next
    15  succeeding the date on which it shall have become a law.
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