A04558 Summary:

BILL NOA04558B
 
SAME ASSAME AS S00061-B
 
SPONSORGottfried
 
COSPNSRGlick, O'Donnell, Titone, Bronson, Morelle, Brennan, Rosenthal, Dinowitz, Cook, Hevesi, Schimel, Kavanagh, Cahill, Englebright, Paulin, Ryan, Abinanti, Moya, Sepulveda, Mosley, Arroyo, Pichardo, Davila, Ortiz, Rozic, Weprin, Mayer, Blake, Linares, Russell, Steck, Bichotte, Hunter, Cancel, Harris
 
MLTSPNSRAubry, Benedetto, Braunstein, Buchwald, DenDekker, Fahy, Farrell, Galef, Gunther, Hooper, Jaffee, Lavine, Lifton, Lupardo, Magnarelli, Markey, McDonald, Otis, Peoples-Stokes, Perry, Pretlow, Quart, Ramos, Rivera, Robinson, Seawright, Simon, Simotas, Skartados, Skoufis, Solages, Thiele, Wright
 
Amd 291, 292, 295, 296, 296-a & 296-b, Exec L; amd 40-c, Civ Rts L; amd 313, Ed L; amd 485.00, 485.05, 240.30, 240.31 & 240.00, Pen L; amd 200.50, CP L
 
Prohibits discrimination based on gender identity or expression; defines "gender identity or expression" as having or being perceived as having a gender identity, self image, appearance, behavior or expression whether or not that gender identity, self image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth; further includes offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes.
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A04558 Actions:

BILL NOA04558B
 
02/03/2015referred to governmental operations
04/15/2015amend and recommit to governmental operations
04/15/2015print number 4558a
04/22/2015reported referred to codes
04/22/2015reported
04/23/2015advanced to third reading cal.196
06/02/2015passed assembly
06/02/2015delivered to senate
06/02/2015REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.183
03/09/2016amended on third reading 4558b
05/09/2016passed assembly
05/09/2016delivered to senate
05/09/2016REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
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A04558 Floor Votes:

DATE:06/02/2015Assembly Vote  YEA/NAY: 90/52
AbbateYCorwinNOGoodellNOLupardoYPaulinYSilverY
AbinantiYCrespoYGottfriedYLupinacciNOPeoples-StokesYSimanowitzNO
ArroyoYCrouchNOGrafNOMageeNOPerryERSimonY
AubryYCurranNOGuntherYMagnarelliYPersaudYSimotasY
BarclayNOCusickNOHawleyNOMalliotakisNOPichardoYSkartadosY
BarrettYCymbrowitzNOHevesiYMarkeyYPretlowYSkoufisY
BarronYDavilaYHikindNOMayerYQuartYSolagesY
BenedettoYDenDekkerYHooperYMcDonaldYRaNOStecNO
BichotteYDilanYJaffeeYMcDonoughNORaiaNOSteckY
BlakeYDinowitzYJean-PierreYMcKevittNORamosYStirpeY
BlankenbushNODiPietroNOJohnsNOMcLaughlinNORichardsonERTediscoNO
BorelliNODupreyYJoynerYMillerNORiveraYTenneyNO
BrabenecNOEnglebrightYKaminskyYMontesanoNORobertsYThieleY
BraunsteinYFahyYKatzERMorelleYRobinsonYTitoneY
BrennanYFarrellYKavanaghERMosleyYRodriguezERTitusY
BrindisiYFinchNOKearnsNOMoyaYRosenthalYWalkerY
BronsonYFitzpatrickNOKimYMurrayNORozicYWalterNO
Brook-KrasnyYFriendNOKolbNONojayNORussellYWeinsteinY
BuchwaldYGalefYLalorNONolanYRyanYWeprinY
ButlerNOGanttYLavineEROaksNOSaladinoNOWoernerY
CahillYGarbarinoNOLawrenceNOO'DonnellYSantabarbaraNOWozniakNO
CerettoNOGiglioNOLentolYOrtizYSchimelYWrightY
ClarkERGjonajYLiftonYOtisYSchimmingerNOZebrowskiY
ColtonYGlickYLinaresYPalmesanoNOSeawrightYMr SpkrY
CookYGoldfederNOLopezNOPalumboNOSepulvedaY

DATE:05/09/2016Assembly Vote  YEA/NAY: 87/48
AbbateYCrespoYGottfriedYLopezNOPalumboNOSimonY
AbinantiYCrouchNOGrafNOLupardoYPaulinYSimotasY
ArroyoERCurranNOGuntherYLupinacciERPeoples-StokesYSkartadosY
AubryYCusickNOHarrisYMageeNOPerryYSkoufisY
BarclayNOCymbrowitzNOHawleyNOMagnarelliYPichardoYSolagesY
BarrettYDavilaYHevesiYMalliotakisNOPretlowYStecNO
BarronYDenDekkerYHikindNOMarkeyYQuartYSteckY
BenedettoYDilanYHooperERMayerYRaNOStirpeY
BichotteYDinowitzYHunterYMcDonaldYRaiaNOTediscoNO
BlakeYDiPietroNOHyndmanYMcDonoughNORamosERTenneyNO
BlankenbushNODupreyYJaffeeYMcKevittNORichardsonYThieleY
BrabenecNOEnglebrightYJean-PierreYMcLaughlinNORiveraYTitoneY
BraunsteinYFahyYJohnsNOMillerNORobinsonERTitusY
BrennanYFarrellYJoynerYMontesanoNORodriguezERWalkerY
BrindisiYFinchNOKatzNOMorelleYRosenthalYWalterNO
BronsonYFitzpatrickNOKavanaghYMosleyYRozicYWeinsteinY
BuchwaldYFriendNOKearnsNOMoyaYRussellYWeprinY
ButlerERGalefYKimYMurrayNORyanYWilliamsY
CahillYGanttERKolbERNojayNOSaladinoNOWoernerY
CancelYGarbarinoNOLalorNONolanERSantabarbaraNOWozniakER
CastorinaNOGiglioNOLavineYOaksNOSchimelYWrightY
CerettoNOGjonajYLawrenceNOO'DonnellYSchimmingerNOZebrowskiY
ColtonYGlickERLentolYOrtizYSeawrightYMr SpkrY
CookYGoldfederERLiftonYOtisYSepulvedaY
CorwinNOGoodellNOLinaresYPalmesanoNOSimanowitzNO

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A04558 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4558B
 
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the executive law, the civil rights law and the education law, in relation to prohibiting discrimination based on gender identity or expression; and to amend the penal law and the criminal procedure law, in relation to including offenses regarding gender identity or expression within the list of offenses subject to treatment as hate crimes   PURPOSE OR GENERAL IDEA OF BILL: To prohibit discrimination based on gender identity or expression, and include offenses regarding gender identity or expression under the hate crimes statute.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 declares the legislative intent. Section 3 adds new Subdivision 35 to Section 292 of the Executive Law, defining "gender identity or expression." Other sections add "gender identity or expression" to list of factors that prohibit discrimination, as follows: Existing Law Section Description of Section Sec. 2 Exec. § 291(1)&(2) Equality of opportunity defined as a civil right Sec. 4 Exec. § 295(8)&(9) Division of Human Rights powers and duties Sec. 5 Exec. § 296(1) Employers, licensing agencies, employment agencies, and labor organizations Sec. 6 Exec. § 296(1-a) Apprenticeship training programs Sec. 7 Exec. § 296(2) Places of public accommodation, resort or amusement Sec. 8 Exec. § 296(2-a) Publicly-assisted housing Sec. 9 Exec. § 296(3-b) Realtors representing that a change has occurred or may occur in the composition of a neighborhood Sec.10 Exec. § 296(4) Nonsectarian education corporations or associations Sec.11 Exec. § 296(5) Private housing accommodations keeping the exemption and commercial space, for small, owner-occupied housing Sec.12 Exec. § 296(9) Volunteer fire department membership Sec.13 Exec. § 296(13) Commercial boycotts and blacklists Sec.14 Exec. § 296-a(1),(2)&(3) Credit Sec.15 Exec. § 296-b(2) Domestic worker harassment Sec.16 Civil Rights § 40-c Civil rights Sec.17 Educ. § 313(1) Education institutions, without affecting the rights of religious education institutions Sec.18 Educ. § 313(3) Unfair educational practices Sections 19 through 24 amend various provisions of the Penal Law and the Criminal Procedure Law to add "gender identity or expression" to the list of factors that can make a crime a "hate crime." Section 25 provides for an effective date.   JUSTIFICATION: Neither federal nor state statutes ban discrimination based on gender identity and expression in areas of employment, housing or public accom- modations. Because sexual orientation and gender identity and expression are different, courts generally have not interpreted sexual orientation nondiscrimination laws to include transgender discrimination. Eighteen states, the District of Columbia and Puerto Rico, and 157 cities and counties in the United States including the cities of Albany, Buffalo, Ithaca, New York, Rochester and Syracuse, and the counties of Albany, Suffolk, Tompkins and Westchester have passed transgender-inclusive civil rights legislation. This legislation would extend those protections statewide.   PRIOR LEGISLATIVE HISTORY: 2003: A.8319-A reported to Rules; 2004: A8319-A referred to Governmental Operations; 2005: A.7438 reported to Codes; 2006: A.7438 referred to Governmental Operations; 2007: A.6584 reported to Codes; S.3753 referred to Investigations and Gov't. Operations 2008: A.6584-A passed Assembly; S.3753 referred to Investigations and Gov't. Operations 2009-10: A.5710 - passed Assembly; S.2406 referred to Investigations and Gov't. Operations 2011-12: A.5039 - passed Assembly; S.2873/S.6349 referred to Investi- gations and Gov't Operations 2013: A4226 - passed Assembly; S195 referred to Investigations and Gov't. Operations 2014: A4226-B passed Assembly; S195-B referred to Investigations and Gov't. Operations   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal fiscal impact.   EFFECTIVE DATE: Thirty days after it shall have become law, except sections 19 through 24 will be effective on the first of November next succeeding the date on which it shall have become law.
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A04558 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4558--B
                                                                Cal. No. 183
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2015
                                       ___________
 
        Introduced  by  M.  of  A. GOTTFRIED, GLICK, O'DONNELL, TITONE, BRONSON,
          MORELLE,  BRENNAN,  ROSENTHAL,  DINOWITZ,   COOK,   HEVESI,   SCHIMEL,
          KAVANAGH,  CAHILL, ENGLEBRIGHT, PAULIN, RYAN, ABINANTI, MOYA, SEPULVE-
          DA, MOSLEY, ARROYO, PICHARDO, DAVILA,  ORTIZ,  ROZIC,  WEPRIN,  MAYER,
          KAMINSKY,  BLAKE,  LINARES, RUSSELL, STECK, BICHOTTE, HUNTER -- Multi-
          Sponsored by -- M. of A.    AUBRY,  BENEDETTO,  BRAUNSTEIN,  BUCHWALD,
          DenDEKKER,  FAHY,  FARRELL,  GALEF,  GUNTHER,  HOOPER, JAFFEE, LAVINE,
          LIFTON, LUPARDO, MAGNARELLI, MARKEY, McDONALD,  OTIS,  PEOPLES-STOKES,
          PERRY,  PRETLOW,  QUART,  RAMOS,  RIVERA,  ROBINSON, SEAWRIGHT, SIMON,
          SIMOTAS, SKARTADOS, SKOUFIS, SOLAGES, THIELE, WRIGHT -- read once  and
          referred  to  the  Committee  on  Governmental Operations -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- advanced to a third reading, amended and  ordered
          reprinted, retaining its place on the order of third reading
 
        AN  ACT  to amend the executive law, the civil rights law and the educa-
          tion law, in relation to prohibiting discrimination  based  on  gender
          identity  or  expression;  and to amend the penal law and the criminal
          procedure law, in relation  to  including  offenses  regarding  gender
          identity  or  expression within the list of offenses subject to treat-
          ment as hate crimes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative findings and intent. The legislature reaffirms
     2  that the state has the responsibility to act to assure that every  indi-
     3  vidual  within  this  state  is afforded an equal opportunity to enjoy a
     4  full and productive life, and that the failure  to  provide  such  equal
     5  opportunity,  whether  because of discrimination, prejudice, intolerance
     6  or inadequate education, training,  housing  or  health  care  not  only
     7  threatens  the  rights  and  proper  privileges  of its inhabitants, but
     8  menaces the institutions and foundation of a free democratic  state  and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00167-05-6

        A. 4558--B                          2
 
     1  threatens  the  peace,  order, health, safety and general welfare of the
     2  state and its inhabitants.
     3    The  legislature  further finds that many residents of this state have
     4  encountered prejudice on account of their gender identity or expression,
     5  and that this prejudice  has  severely  limited  or  actually  prevented
     6  access to employment, housing and other basic necessities of life, lead-
     7  ing  to  deprivation  and  suffering. The legislature further recognizes
     8  that this prejudice has fostered a  general  climate  of  hostility  and
     9  distrust,  leading  in some instances to physical violence against those
    10  perceived to live in a gender identity or expression which is  different
    11  from  that traditionally associated with the sex assigned to that person
    12  at birth.
    13    In so doing, the legislature makes clear its action is not intended to
    14  promote any particular attitude, course of conduct or way of life. Rath-
    15  er its purpose is to ensure that individuals who live in our free socie-
    16  ty have the capacity to make their own choices, follow their own beliefs
    17  and conduct their own lives as they see fit,  consistent  with  existing
    18  law.
    19    The  legislature  further finds that, as court decisions have properly
    20  held, New York's sex discrimination laws prohibit  discrimination  based
    21  on  gender  stereotypes  or  because  an  individual has transitioned or
    22  intends to transition from one gender to another.  This  legislation  is
    23  intended  to  codify this principle and to ensure that the public under-
    24  stands  that  discrimination  on  the  basis  of  gender  identity   and
    25  expression is prohibited.
    26    §  2.  Subdivisions  1  and  2 of section 291 of the executive law, as
    27  amended by chapter 196 of the laws of  2010,  are  amended  to  read  as
    28  follows:
    29    1. The opportunity to obtain employment without discrimination because
    30  of  age, race, creed, color, national origin, sexual orientation, gender
    31  identity or expression, military status, sex, marital status,  or  disa-
    32  bility, is hereby recognized as and declared to be a civil right.
    33    2.  The  opportunity  to obtain education, the use of places of public
    34  accommodation and the ownership, use and occupancy of  housing  accommo-
    35  dations  and  commercial  space  without  discrimination because of age,
    36  race, creed, color, national origin, sexual orientation, gender identity
    37  or expression, military status, sex, marital status, or  disability,  as
    38  specified  in  section two hundred ninety-six of this article, is hereby
    39  recognized as and declared to be a civil right.
    40    § 3. Section 292 of the executive law  is  amended  by  adding  a  new
    41  subdivision 35 to read as follows:
    42    35.  The  term "gender identity or expression" means a person's actual
    43  or perceived gender-related identity, appearance, behavior,  expression,
    44  or other gender-related characteristic regardless of the sex assigned to
    45  that person at birth, including, but not limited to, the status of being
    46  transgender.
    47    §  4.  Subdivisions  8  and  9 of section 295 of the executive law, as
    48  amended by chapter 106 of the laws of  2003,  are  amended  to  read  as
    49  follows:
    50    8. To create such advisory councils, local, regional or state-wide, as
    51  in  its  judgment  will aid in effectuating the purposes of this article
    52  and of section eleven of article one of the constitution of this  state,
    53  and  the  division  may  empower them to study the problems of discrimi-
    54  nation in all or specific fields of human relationships or  in  specific
    55  instances of discrimination because of age, race, creed, color, national
    56  origin,  sexual  orientation,  gender  identity  or expression, military

        A. 4558--B                          3
 
     1  status, sex, disability or marital status and  make  recommendations  to
     2  the  division  for the development of policies and procedures in general
     3  and in specific instances. The advisory councils also shall  disseminate
     4  information  about  the division's activities to organizations and indi-
     5  viduals in their localities. Such advisory councils shall be composed of
     6  representative citizens, serving without pay, but with reimbursement for
     7  actual and necessary traveling  expenses;  and  the  division  may  make
     8  provision for technical and clerical assistance to such councils and for
     9  the expenses of such assistance.
    10    9. To develop human rights plans and policies for the state and assist
    11  in their execution and to make investigations and studies appropriate to
    12  effectuate  this article and to issue such publications and such results
    13  of investigations and research as in its judgement will tend  to  inform
    14  persons  of the rights assured and remedies provided under this article,
    15  to promote good-will and minimize or eliminate discrimination because of
    16  age, race, creed, color, national  origin,  sexual  orientation,  gender
    17  identity  or  expression,  military  status,  sex, disability or marital
    18  status.
    19    § 5. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section  296
    20  of the executive law, as amended by chapter 365 of the laws of 2015, are
    21  amended to read as follows:
    22    (a)  For  an  employer or licensing agency, because of an individual's
    23  age, race, creed, color, national  origin,  sexual  orientation,  gender
    24  identity  or  expression, military status, sex, disability, predisposing
    25  genetic characteristics, familial status, marital  status,  or  domestic
    26  violence  victim  status,  to  refuse  to hire or employ or to bar or to
    27  discharge from employment such individual  or  to  discriminate  against
    28  such individual in compensation or in terms, conditions or privileges of
    29  employment.
    30    (b)  For  an  employment agency to discriminate against any individual
    31  because of age, race, creed, color, national origin, sexual orientation,
    32  gender identity or expression, military status, sex, disability, predis-
    33  posing genetic characteristics, familial status, or marital  status,  in
    34  receiving,  classifying, disposing or otherwise acting upon applications
    35  for its services or in  referring  an  applicant  or  applicants  to  an
    36  employer or employers.
    37    (c)  For a labor organization, because of the age, race, creed, color,
    38  national origin, sexual  orientation,  gender  identity  or  expression,
    39  military  status, sex, disability, predisposing genetic characteristics,
    40  familial status, or marital status of any individual, to exclude  or  to
    41  expel  from its membership such individual or to discriminate in any way
    42  against any of its members or against any  employer  or  any  individual
    43  employed by an employer.
    44    (d)  For  any  employer  or employment agency to print or circulate or
    45  cause to be printed or circulated any statement, advertisement or publi-
    46  cation, or to use any form of application for employment or to make  any
    47  inquiry  in  connection  with  prospective  employment,  which expresses
    48  directly or indirectly, any limitation, specification or  discrimination
    49  as  to  age,  race,  creed,  color, national origin, sexual orientation,
    50  gender identity or expression, military status, sex, disability, predis-
    51  posing genetic characteristics, familial status, or marital  status,  or
    52  any intent to make any such limitation, specification or discrimination,
    53  unless  based  upon  a  bona  fide occupational qualification; provided,
    54  however, that neither this paragraph nor any provision of  this  chapter
    55  or  other  law  shall  be  construed to prohibit the department of civil
    56  service or the department of personnel of any city containing more  than

        A. 4558--B                          4
 
     1  one county from requesting information from applicants for civil service
     2  examinations concerning any of the aforementioned characteristics, other
     3  than  sexual orientation, for the purpose of conducting studies to iden-
     4  tify and resolve possible problems in recruitment and testing of members
     5  of  minority  groups  to  insure the fairest possible and equal opportu-
     6  nities for employment in the civil service for all  persons,  regardless
     7  of  age,  race,  creed,  color,  national  origin, sexual orientation or
     8  gender identity or expression, military status, sex, disability, predis-
     9  posing genetic characteristics, familial status, or marital status.
    10    § 6. Paragraphs (b), (c) and (d) of subdivision 1-a of section 296  of
    11  the  executive  law,  as amended by chapter 365 of the laws of 2015, are
    12  amended to read as follows:
    13    (b) To deny to or withhold from any person  because  of  race,  creed,
    14  color,   national   origin,   sexual  orientation,  gender  identity  or
    15  expression, military status, sex, age, disability, familial  status,  or
    16  marital status, the right to be admitted to or participate in a guidance
    17  program,   an   apprenticeship  training  program,  on-the-job  training
    18  program, executive training program, or other occupational  training  or
    19  retraining program;
    20    (c)  To  discriminate against any person in his or her pursuit of such
    21  programs or to discriminate against such a person in the  terms,  condi-
    22  tions  or  privileges  of  such  programs because of race, creed, color,
    23  national origin, sexual  orientation,  gender  identity  or  expression,
    24  military  status,  sex,  age,  disability,  familial  status  or marital
    25  status;
    26    (d) To print or circulate or cause to be  printed  or  circulated  any
    27  statement,  advertisement or publication, or to use any form of applica-
    28  tion for such programs or to make any inquiry in  connection  with  such
    29  program  which  expresses, directly or indirectly, any limitation, spec-
    30  ification or discrimination as to race, creed, color,  national  origin,
    31  sexual orientation, gender identity or expression, military status, sex,
    32  age,  disability, familial status or marital status, or any intention to
    33  make any such limitation, specification or discrimination, unless  based
    34  on a bona fide occupational qualification.
    35    §  7.  Paragraph  (a) of subdivision 2 of section 296 of the executive
    36  law, as amended by chapter 106 of the laws of 2003, is amended  to  read
    37  as follows:
    38    (a)  It  shall  be an unlawful discriminatory practice for any person,
    39  being the owner, lessee, proprietor, manager, superintendent,  agent  or
    40  employee  of  any  place  of  public accommodation, resort or amusement,
    41  because of the race, creed, color, national origin, sexual  orientation,
    42  gender  identity or expression, military status, sex, [or] disability or
    43  marital status of any person, directly or indirectly, to  refuse,  with-
    44  hold  from or deny to such person any of the accommodations, advantages,
    45  facilities or privileges thereof, including the extension of credit, or,
    46  directly or indirectly, to publish, circulate, issue, display,  post  or
    47  mail  any  written or printed communication, notice or advertisement, to
    48  the effect that any of the accommodations,  advantages,  facilities  and
    49  privileges  of  any such place shall be refused, withheld from or denied
    50  to any person on account of race, creed, color, national origin,  sexual
    51  orientation,  gender  identity or expression, military status, sex, [or]
    52  disability or marital status, or that the patronage or custom thereat of
    53  any person of or purporting to be of any particular race, creed,  color,
    54  national  origin,  sexual  orientation,  gender  identity or expression,
    55  military status, sex or marital status, or having a disability is unwel-
    56  come, objectionable or not acceptable, desired or solicited.

        A. 4558--B                          5
 
     1    § 8. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
     2  296  of  the  executive  law, paragraphs (a), (b) and (c) as amended and
     3  paragraph (c-1) as added by chapter 106 of the laws of 2003, are amended
     4  to read as follows:
     5    (a)  To refuse to sell, rent or lease or otherwise to deny to or with-
     6  hold from any person or group of  persons  such  housing  accommodations
     7  because  of  the race, creed, color, disability, national origin, sexual
     8  orientation, gender identity or expression, military status,  age,  sex,
     9  marital  status,  or  familial  status  of such person or persons, or to
    10  represent that any housing accommodation or land is  not  available  for
    11  inspection, sale, rental or lease when in fact it is so available.
    12    (b)  To  discriminate  against  any person because of his or her race,
    13  creed, color, disability, national origin,  sexual  orientation,  gender
    14  identity  or  expression,  military status, age, sex, marital status, or
    15  familial status in the terms, conditions or privileges of any  publicly-
    16  assisted  housing  accommodations  or in the furnishing of facilities or
    17  services in connection therewith.
    18    (c) To cause to be made any written or oral inquiry or record concern-
    19  ing the race, creed, color, disability, national origin,  sexual  orien-
    20  tation,  gender  identity or expression, membership in the reserve armed
    21  forces of the United States or in the organized militia  of  the  state,
    22  age, sex, marital status, or familial status of a person seeking to rent
    23  or lease any publicly-assisted housing accommodation; provided, however,
    24  that  nothing in this subdivision shall prohibit a member of the reserve
    25  armed forces of the United States or in the  organized  militia  of  the
    26  state from voluntarily disclosing such membership.
    27    (c-1)  To  print or circulate or cause to be printed or circulated any
    28  statement, advertisement or publication, or to use any form of  applica-
    29  tion  for the purchase, rental or lease of such housing accommodation or
    30  to make any  record  or  inquiry  in  connection  with  the  prospective
    31  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    32  expresses, directly or  indirectly,  any  limitation,  specification  or
    33  discrimination  as to race, creed, color, national origin, sexual orien-
    34  tation, gender identity or expression, military status, sex, age,  disa-
    35  bility,  marital  status,  or familial status, or any intent to make any
    36  such limitation, specification or discrimination.
    37    § 9. Subdivision 3-b of section 296 of the executive law,  as  amended
    38  by chapter 106 of the laws of 2003, is amended to read as follows:
    39    3-b.  It  shall  be  an  unlawful discriminatory practice for any real
    40  estate broker, real estate salesperson or employee or agent  thereof  or
    41  any  other  individual, corporation, partnership or organization for the
    42  purpose of inducing a real estate transaction from which any such person
    43  or any of its stockholders or members may benefit financially, to repre-
    44  sent that a change has occurred or will or may occur in the  composition
    45  with respect to race, creed, color, national origin, sexual orientation,
    46  gender identity or expression, military status, sex, disability, marital
    47  status,  or  familial  status  of  the owners or occupants in the block,
    48  neighborhood or area in which the  real  property  is  located,  and  to
    49  represent,  directly  or indirectly, that this change will or may result
    50  in undesirable consequences in the block, neighborhood or area in  which
    51  the  real property is located, including but not limited to the lowering
    52  of property values, an increase in criminal or anti-social behavior,  or
    53  a decline in the quality of schools or other facilities.
    54    § 10. Subdivision 4 of section 296 of the executive law, as amended by
    55  chapter 106 of the laws of 2003, is amended to read as follows:

        A. 4558--B                          6

     1    4.  It  shall  be an unlawful discriminatory practice for an education
     2  corporation or association which holds itself out to the  public  to  be
     3  non-sectarian  and  exempt  from  taxation pursuant to the provisions of
     4  article four of the real property tax law to deny the use of its facili-
     5  ties  to  any person otherwise qualified, or to permit the harassment of
     6  any student or applicant, by reason of his race, color, religion,  disa-
     7  bility,   national   origin,  sexual  orientation,  gender  identity  or
     8  expression, military status, sex, age or marital status, except that any
     9  such institution which establishes or maintains a  policy  of  educating
    10  persons of one sex exclusively may admit students of only one sex.
    11    § 11. Subdivision 5 of section 296 of the executive law, as amended by
    12  chapter 106 of the laws of 2003, is amended to read as follows:
    13    5.  (a) It shall be an unlawful discriminatory practice for the owner,
    14  lessee, sub-lessee, assignee, or managing  agent  of,  or  other  person
    15  having  the  right  to  sell,  rent  or  lease  a housing accommodation,
    16  constructed or to be constructed, or any agent or employee thereof:
    17    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    18  from any person or group of persons such a housing accommodation because
    19  of the race, creed, color, national origin, sexual  orientation,  gender
    20  identity  or  expression, military status, sex, age, disability, marital
    21  status, or familial status of such person or persons,  or  to  represent
    22  that  any housing accommodation or land is not available for inspection,
    23  sale, rental or lease when in fact it is so available.
    24    (2) To discriminate against any person because of race, creed,  color,
    25  national  origin,  sexual  orientation,  gender  identity or expression,
    26  military status, sex,  age,  disability,  marital  status,  or  familial
    27  status  in  the  terms,  conditions or privileges of the sale, rental or
    28  lease of any such housing accommodation or in the furnishing of  facili-
    29  ties or services in connection therewith.
    30    (3)  To  print  or  circulate or cause to be printed or circulated any
    31  statement, advertisement or publication, or to use any form of  applica-
    32  tion  for the purchase, rental or lease of such housing accommodation or
    33  to make any  record  or  inquiry  in  connection  with  the  prospective
    34  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    35  expresses, directly or  indirectly,  any  limitation,  specification  or
    36  discrimination  as to race, creed, color, national origin, sexual orien-
    37  tation, gender identity or expression, military status, sex, age,  disa-
    38  bility,  marital  status,  or familial status, or any intent to make any
    39  such limitation, specification or discrimination.
    40    The provisions of this paragraph (a) shall not apply (1) to the rental
    41  of a housing accommodation in a building which contains housing accommo-
    42  dations for not more than two  families  living  independently  of  each
    43  other,  if  the owner resides in one of such housing accommodations, (2)
    44  to the restriction of the rental of all rooms in a housing accommodation
    45  to individuals of the same sex or (3) to the rental of a room  or  rooms
    46  in  a  housing  accommodation,  if such rental is by the occupant of the
    47  housing accommodation or by the owner of the housing  accommodation  and
    48  the  owner  resides  in  such  housing  accommodation or (4) solely with
    49  respect to age and familial status  to  the  restriction  of  the  sale,
    50  rental  or lease of housing accommodations exclusively to persons sixty-
    51  two years of age or older and the spouse of  any  such  person,  or  for
    52  housing  intended  and  operated  for  occupancy  by at least one person
    53  fifty-five years of age or older per unit. In determining whether  hous-
    54  ing  is  intended and operated for occupancy by persons fifty-five years
    55  of age or older, Sec. 807(b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    56  federal Fair Housing Act of 1988, as amended, shall apply.

        A. 4558--B                          7
 
     1    (b) It shall be an unlawful discriminatory  practice  for  the  owner,
     2  lessee,  sub-lessee,  or  managing  agent of, or other person having the
     3  right of ownership or possession of or the right to sell, rent or lease,
     4  land or commercial space:
     5    (1)  To  refuse  to sell, rent, lease or otherwise deny to or withhold
     6  from any person or group of persons land or commercial space because  of
     7  the  race,  creed,  color,  national  origin, sexual orientation, gender
     8  identity or expression, military status, sex, age,  disability,  marital
     9  status,  or  familial  status of such person or persons, or to represent
    10  that any housing accommodation or land is not available for  inspection,
    11  sale, rental or lease when in fact it is so available;
    12    (2)  To discriminate against any person because of race, creed, color,
    13  national origin, sexual  orientation,  gender  identity  or  expression,
    14  military  status,  sex,  age,  disability,  marital  status, or familial
    15  status in the terms, conditions or privileges of  the  sale,  rental  or
    16  lease  of  any  such  land  or commercial space; or in the furnishing of
    17  facilities or services in connection therewith;
    18    (3) To print or circulate or cause to be  printed  or  circulated  any
    19  statement,  advertisement or publication, or to use any form of applica-
    20  tion for the purchase, rental or lease of such land or commercial  space
    21  or  to  make  any  record  or inquiry in connection with the prospective
    22  purchase, rental or  lease  of  such  land  or  commercial  space  which
    23  expresses,  directly  or  indirectly,  any  limitation, specification or
    24  discrimination as to race, creed, color, national origin, sexual  orien-
    25  tation,  gender identity or expression, military status, sex, age, disa-
    26  bility, marital status, or familial status; or any intent  to  make  any
    27  such limitation, specification or discrimination.
    28    (4)  With  respect  to age and familial status, the provisions of this
    29  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    30  lease  of  land  or  commercial  space exclusively to persons fifty-five
    31  years of age or older and the spouse of  any  such  person,  or  to  the
    32  restriction  of  the  sale,  rental  or lease of land to be used for the
    33  construction, or location  of  housing  accommodations  exclusively  for
    34  persons  sixty-two  years  of age or older, or intended and operated for
    35  occupancy by at least one person fifty-five years of age  or  older  per
    36  unit.  In determining whether housing is intended and operated for occu-
    37  pancy by persons fifty-five years of age or older, Sec. 807(b)  (2)  (c)
    38  (42  U.S.C. 3607(b) (2) (c)) of the federal Fair Housing Act of 1988, as
    39  amended, shall apply.
    40    (c) It shall be an  unlawful  discriminatory  practice  for  any  real
    41  estate broker, real estate salesperson or employee or agent thereof:
    42    (1)  To  refuse to sell, rent or lease any housing accommodation, land
    43  or commercial space to any person or group of persons or  to  refuse  to
    44  negotiate  for  the sale, rental or lease, of any housing accommodation,
    45  land or commercial space to any person or group of  persons  because  of
    46  the  race,  creed,  color,  national  origin, sexual orientation, gender
    47  identity or expression, military status, sex, age,  disability,  marital
    48  status,  or  familial  status of such person or persons, or to represent
    49  that any housing accommodation, land or commercial space is  not  avail-
    50  able  for inspection, sale, rental or lease when in fact it is so avail-
    51  able, or otherwise to deny or withhold any housing  accommodation,  land
    52  or commercial space or any facilities of any housing accommodation, land
    53  or  commercial  space from any person or group of persons because of the
    54  race, creed, color, national origin, sexual orientation, gender identity
    55  or expression, military status, sex, age, disability, marital status, or
    56  familial status of such person or persons.

        A. 4558--B                          8
 
     1    (2) To print or circulate or cause to be  printed  or  circulated  any
     2  statement,  advertisement or publication, or to use any form of applica-
     3  tion for the purchase, rental or lease  of  any  housing  accommodation,
     4  land  or commercial space or to make any record or inquiry in connection
     5  with  the  prospective purchase, rental or lease of any housing accommo-
     6  dation, land or commercial space which expresses, directly or  indirect-
     7  ly,  any limitation, specification, or discrimination as to race, creed,
     8  color,  national  origin,  sexual  orientation,   gender   identity   or
     9  expression,  military  status,  sex, age, disability, marital status, or
    10  familial status; or any intent to make any such  limitation,  specifica-
    11  tion or discrimination.
    12    (3)  With  respect  to age and familial status, the provisions of this
    13  paragraph shall not apply to the restriction  of  the  sale,  rental  or
    14  lease of any housing accommodation, land or commercial space exclusively
    15  to  persons  fifty-five years of age or older and the spouse of any such
    16  person, or to the restriction of the sale, rental or lease of any  hous-
    17  ing accommodation or land to be used for the construction or location of
    18  housing  accommodations  for persons sixty-two years of age or older, or
    19  intended and operated for occupancy by at least  one  person  fifty-five
    20  years  of  age  or  older  per  unit.  In determining whether housing is
    21  intended and operated for occupancy by persons fifty-five years  of  age
    22  or  older,  Sec.    807  (b) (2) (c) (42 U.S.C. 3607 (b) (2) (c)) of the
    23  federal Fair Housing Act of 1988, as amended, shall apply.
    24    (d) It shall be an  unlawful  discriminatory  practice  for  any  real
    25  estate board, because of the race, creed, color, national origin, sexual
    26  orientation,  gender  identity or expression, military status, age, sex,
    27  disability, marital status, or familial status of any individual who  is
    28  otherwise  qualified for membership, to exclude or expel such individual
    29  from membership, or to  discriminate  against  such  individual  in  the
    30  terms, conditions and privileges of membership in such board.
    31    (e)  It  shall  be  an unlawful discriminatory practice for the owner,
    32  proprietor or managing agent of, or other person  having  the  right  to
    33  provide care and services in, a private proprietary nursing home, conva-
    34  lescent  home,  or home for adults, or an intermediate care facility, as
    35  defined  in  section  two  of  the  social  services   law,   heretofore
    36  constructed,  or to be constructed, or any agent or employee thereof, to
    37  refuse to provide services and care in such  home  or  facility  to  any
    38  individual  or  to  discriminate  against  any  individual in the terms,
    39  conditions, and privileges of such services and care solely because such
    40  individual is a blind person. For purposes of this paragraph,  a  "blind
    41  person" shall mean a person who is registered as a blind person with the
    42  commission  for the visually handicapped and who meets the definition of
    43  a "blind person" pursuant to  section  three  of  chapter  four  hundred
    44  fifteen  of  the  laws  of nineteen hundred thirteen entitled "An act to
    45  establish a state commission for improving the condition of the blind of
    46  the state of New York, and making an appropriation therefor".
    47    (f) The provisions of this subdivision, as they relate to  age,  shall
    48  not apply to persons under the age of eighteen years.
    49    (g)  It  shall  be  an unlawful discriminatory practice for any person
    50  offering or providing housing accommodations, land or  commercial  space
    51  as described in paragraphs (a), (b), and (c) of this subdivision to make
    52  or  cause  to  be  made any written or oral inquiry or record concerning
    53  membership of any person in the state organized militia in  relation  to
    54  the  purchase,  rental  or lease of such housing accommodation, land, or
    55  commercial space, provided, however, that nothing  in  this  subdivision

        A. 4558--B                          9

     1  shall  prohibit a member of the state organized militia from voluntarily
     2  disclosing such membership.
     3    §  12.  Paragraph (a) of subdivision 9 of section 296 of the executive
     4  law, as amended by chapter 365 of the laws of 2015, is amended  to  read
     5  as follows:
     6    (a)  It  shall  be  an  unlawful  discriminatory practice for any fire
     7  department or fire company therein, through any member or members there-
     8  of, officers, board of fire commissioners or other body or office having
     9  power of appointment of volunteer firefighters, directly or  indirectly,
    10  by ritualistic practice, constitutional or by-law prescription, by tacit
    11  agreement  among  its  members,  or otherwise, to deny to any individual
    12  membership in any volunteer fire department or fire company therein,  or
    13  to  expel or discriminate against any volunteer member of a fire depart-
    14  ment or fire  company  therein,  because  of  the  race,  creed,  color,
    15  national  origin,  sexual  orientation,  gender  identity or expression,
    16  military status, sex, marital status, or familial status, of such  indi-
    17  vidual.
    18    §  13.  Subdivision 13 of section 296 of the executive law, as amended
    19  by chapter 365 of the laws of 2015, is amended to read as follows:
    20    13. It shall be an unlawful discriminatory practice (i) for any person
    21  to boycott or blacklist, or to refuse to buy  from,  sell  to  or  trade
    22  with, or otherwise discriminate against any person, because of the race,
    23  creed,  color,  national  origin, sexual orientation, gender identity or
    24  expression, military status, sex, disability,  or  familial  status,  of
    25  such person, or of such person's partners, members, stockholders, direc-
    26  tors,  officers,  managers, superintendents, agents, employees, business
    27  associates, suppliers or customers, or (ii) for any person  wilfully  to
    28  do  any  act or refrain from doing any act which enables any such person
    29  to take such action. This subdivision shall not apply to:
    30    (a) Boycotts connected with labor disputes; or
    31    (b) Boycotts to protest unlawful discriminatory practices.
    32    § 14. Subdivisions 1, 2 and 3 of section 296-a of the  executive  law,
    33  as  amended  by  chapter 106 of the laws of 2003, are amended to read as
    34  follows:
    35    1. It shall be an unlawful discriminatory practice for any creditor or
    36  any officer, agent or employee thereof:
    37    a. In the  case  of  applications  for  credit  with  respect  to  the
    38  purchase,  acquisition,  construction, rehabilitation, repair or mainte-
    39  nance of any housing accommodation, land or commercial space to discrim-
    40  inate against any such applicant because  of  the  race,  creed,  color,
    41  national  origin,  sexual  orientation,  gender  identity or expression,
    42  military status, age,  sex,  marital  status,  disability,  or  familial
    43  status  of  such  applicant  or  applicants  or any member, stockholder,
    44  director, officer or employee of such applicant or applicants, or of the
    45  prospective occupants or tenants of such housing accommodation, land  or
    46  commercial  space,  in the granting, withholding, extending or renewing,
    47  or in the fixing of the rates, terms or conditions of, any such credit;
    48    b. To discriminate in the granting, withholding, extending  or  renew-
    49  ing,  or in the fixing of the rates, terms or conditions of, any form of
    50  credit, on the basis of race,  creed,  color,  national  origin,  sexual
    51  orientation,  gender  identity or expression, military status, age, sex,
    52  marital status, disability, or familial status;
    53    c. To use any form of application for credit or use or make any record
    54  or inquiry which expresses,  directly  or  indirectly,  any  limitation,
    55  specification,  or  discrimination  as  to  race, creed, color, national

        A. 4558--B                         10
 
     1  origin, sexual orientation,  gender  identity  or  expression,  military
     2  status, age, sex, marital status, disability, or familial status;
     3    d.  To make any inquiry of an applicant concerning his or her capacity
     4  to reproduce, or his or her use or advocacy of any form of birth control
     5  or family planning;
     6    e. To refuse to consider  sources  of  an  applicant's  income  or  to
     7  subject  an  applicant's  income  to  discounting,  in whole or in part,
     8  because of an applicant's race, creed, color,  national  origin,  sexual
     9  orientation,  gender  identity or expression, military status, age, sex,
    10  marital status, childbearing potential, disability, or familial status;
    11    f. To discriminate  against  a  married  person  because  such  person
    12  neither uses nor is known by the surname of his or her spouse.
    13    This  paragraph  shall  not  apply to any situation where the use of a
    14  surname would constitute or result in a criminal act.
    15    2. Without limiting the generality of subdivision one of this section,
    16  it shall be considered discriminatory if, because of an  applicant's  or
    17  class  of applicants' race, creed, color, national origin, sexual orien-
    18  tation, gender identity or expression, military status, age, sex,  mari-
    19  tal  status or disability, or familial status, (i) an applicant or class
    20  of applicants is denied credit in circumstances where  other  applicants
    21  of  like  overall  credit worthiness are granted credit, or (ii) special
    22  requirements or conditions, such as requiring co-obligors or  reapplica-
    23  tion upon marriage, are imposed upon an applicant or class of applicants
    24  in  circumstances  where  similar  requirements  or  conditions  are not
    25  imposed upon other applicants of like overall credit worthiness.
    26    3. It shall not  be  considered  discriminatory  if  credit  differen-
    27  tiations  or  decisions  are based upon factually supportable, objective
    28  differences in applicants' overall credit worthiness, which may  include
    29  reference  to  such  factors  as current income, assets and prior credit
    30  history of such applicants, as well as reference to any  other  relevant
    31  factually  supportable  data;  provided, however, that no creditor shall
    32  consider, in evaluating the credit worthiness of an applicant, aggregate
    33  statistics or assumptions  relating  to  race,  creed,  color,  national
    34  origin,  sexual  orientation,  gender  identity  or expression, military
    35  status, sex, marital status or disability, or to the likelihood  of  any
    36  group of persons bearing or rearing children, or for that reason receiv-
    37  ing diminished or interrupted income in the future.
    38    § 15. Paragraph (b) of subdivision 2 of section 296-b of the executive
    39  law,  as added by chapter 481 of the laws of 2010, is amended to read as
    40  follows:
    41    (b) Subject a domestic worker to unwelcome harassment based on gender,
    42  race, religion, sexual orientation, gender  identity  or  expression  or
    43  national  origin,  where  such  harassment  has the purpose or effect of
    44  unreasonably interfering with an individual's work performance by creat-
    45  ing an intimidating, hostile, or offensive working environment.
    46    § 16. Section 40-c of the civil rights law, as amended by chapter 2 of
    47  the laws of 2002, is amended to read as follows:
    48    § 40-c. Discrimination. 1. All persons within the jurisdiction of this
    49  state shall be entitled to the equal protection  of  the  laws  of  this
    50  state or any subdivision thereof.
    51    2.  No  person  shall, because of race, creed, color, national origin,
    52  sex, marital status, sexual orientation, gender identity or  expression,
    53  or disability, as such term is defined in section two hundred ninety-two
    54  of  the  executive law, be subjected to any discrimination in his or her
    55  civil rights, or to any harassment, as defined in section 240.25 of  the
    56  penal  law, in the exercise thereof, by any other person or by any firm,

        A. 4558--B                         11

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

        A. 4558--B                         12
 
     1  deny or limit the readmission of such individual to such institution  or
     2  to any educational program or course operated or provided by such insti-
     3  tution  because  of  such  withdrawal  from attendance or because of the
     4  failure  to complete any educational program or course due to such with-
     5  drawal; (ii) to impose any academic penalty on such  person  because  of
     6  such  withdrawal  or  because of the failure to complete any educational
     7  program or course due to such withdrawal; (iii) to reduce  or  eliminate
     8  any  financial  aid  award granted to such individual which could not be
     9  used, in whole or part, because of such withdrawal  or  because  of  the
    10  failure  to complete any educational program or course due to such with-
    11  drawal; or (iv) to fail to provide a credit or  refund  of  tuition  and
    12  fees  paid  by  such  individual  for  any semester, term or quarter not
    13  completed because of such  withdrawal  or  because  of  the  failure  to
    14  complete any program or course due to such withdrawal.
    15    (e) It shall not be an unfair educational practice for any educational
    16  institution  to  use  criteria  other  than  race, religion, creed, sex,
    17  color, marital status, age, sexual orientation as defined in section two
    18  hundred ninety-two of the executive law, gender identity  or  expression
    19  as  defined  in  section two hundred ninety-two of the executive law, or
    20  national origin in the admission of students to such institution  or  to
    21  any of the educational programs and courses operated or provided by such
    22  institution.
    23    §  19. Section 485.00 of the penal law, as added by chapter 107 of the
    24  laws of 2000, is amended to read as follows:
    25  § 485.00 Legislative findings.
    26    The legislature finds and determines as follows: criminal acts involv-
    27  ing violence, intimidation and destruction of property based  upon  bias
    28  and  prejudice  have  become  more prevalent in New York state in recent
    29  years.  The intolerable truth is that  in  these  crimes,  commonly  and
    30  justly referred to as "hate crimes", victims are intentionally selected,
    31  in  whole  or  in  part,  because of their race, color, national origin,
    32  ancestry, gender, gender identity  or  expression,  religion,  religious
    33  practice,  age,  disability  or  sexual orientation. Hate crimes do more
    34  than threaten the safety and welfare of all citizens.  They  inflict  on
    35  victims  incalculable physical and emotional damage and tear at the very
    36  fabric of free society. Crimes  motivated  by  invidious  hatred  toward
    37  particular  groups  not only harm individual victims but send a powerful
    38  message of intolerance and discrimination to all members of the group to
    39  which the victim belongs.  Hate crimes can and do intimidate and disrupt
    40  entire communities and vitiate the civility that is essential to healthy
    41  democratic processes.   In a  democratic  society,  citizens  cannot  be
    42  required  to  approve  of  the beliefs and practices of others, but must
    43  never commit criminal acts on account of  them.  Current  law  does  not
    44  adequately recognize the harm to public order and individual safety that
    45  hate  crimes  cause. Therefore, our laws must be strengthened to provide
    46  clear recognition of the gravity  of  hate  crimes  and  the  compelling
    47  importance of preventing their recurrence.
    48    Accordingly,  the  legislature  finds  and  declares  that hate crimes
    49  should be prosecuted and punished with appropriate severity.
    50    § 20. Subdivisions 1, 2 and 4 of section 485.05 of the penal  law,  as
    51  added  by  chapter  107  of  the  laws  of  2000, are amended to read as
    52  follows:
    53    1. A person commits a hate crime when he or she  commits  a  specified
    54  offense and either:
    55    (a)  intentionally  selects  the  person  against  whom the offense is
    56  committed or intended to be committed in whole or  in  substantial  part

        A. 4558--B                         13
 
     1  because  of  a  belief or perception regarding the race, color, national
     2  origin, ancestry, gender, gender identity or expression, religion, reli-
     3  gious practice, age, disability  or  sexual  orientation  of  a  person,
     4  regardless of whether the belief or perception is correct, or
     5    (b)  intentionally commits the act or acts constituting the offense in
     6  whole or in substantial part because of a belief or perception regarding
     7  the race, color, national origin, ancestry, gender, gender  identity  or
     8  expression,  religion,  religious  practice,  age,  disability or sexual
     9  orientation of a person, regardless of whether the belief or  perception
    10  is correct.
    11    2.  Proof  of  race,  color, national origin, ancestry, gender, gender
    12  identity or expression, religion, religious practice, age, disability or
    13  sexual orientation of the defendant, the victim or of both the defendant
    14  and the victim  does  not,  by  itself,  constitute  legally  sufficient
    15  evidence  satisfying  the  people's burden under paragraph (a) or (b) of
    16  subdivision one of this section.
    17    4. For purposes of this section:
    18    (a) the term "age" means sixty years old or more;
    19    (b) the term "disability" means a physical or mental  impairment  that
    20  substantially limits a major life activity[.];
    21    (c)  the  term "gender identity or expression" means a person's actual
    22  or perceived gender-related identity, appearance, behavior,  expression,
    23  or other gender-related characteristic regardless of the sex assigned to
    24  that person at birth, including, but not limited to, the status of being
    25  transgender.
    26    §  21. Subdivision 3 of section 240.30 of the penal law, as amended by
    27  chapter 188 of the laws of 2014, is amended to read as follows:
    28    3. With the intent to harass, annoy, threaten or alarm another person,
    29  he or she strikes, shoves, kicks, or otherwise subjects  another  person
    30  to  physical contact, or attempts or threatens to do the same because of
    31  a belief or perception regarding such  person's  race,  color,  national
    32  origin, ancestry, gender, gender identity or expression, religion, reli-
    33  gious  practice,  age,  disability  or sexual orientation, regardless of
    34  whether the belief or perception is correct; or
    35    § 22. The opening paragraph of section 240.31 of  the  penal  law,  as
    36  amended  by  chapter  49  of  the  laws  of  2006, is amended to read as
    37  follows:
    38    A person is guilty of aggravated harassment in the first  degree  when
    39  with  intent to harass, annoy, threaten or alarm another person, because
    40  of a belief or perception regarding such person's race, color,  national
    41  origin, ancestry, gender, gender identity or expression, religion, reli-
    42  gious  practice,  age,  disability  or sexual orientation, regardless of
    43  whether the belief or perception is correct, he or she:
    44    § 23. Section 240.00 of the penal law  is  amended  by  adding  a  new
    45  subdivision 7 to read as follows:
    46    7.  "Gender  identity  or  expression"  means  a  person's  actual  or
    47  perceived gender-related identity, appearance, behavior, expression,  or
    48  other  gender-related  characteristic  regardless of the sex assigned to
    49  that person at birth, including, but not limited to, the status of being
    50  transgender.
    51    § 24. Paragraph (c) of subdivision 7 of section 200.50 of the criminal
    52  procedure law, as amended by chapter 7 of the laws of 2007,  is  amended
    53  to read as follows:
    54    (c) in the case of any hate crime, as defined in section 485.05 of the
    55  penal  law,  specifies,  as applicable, that the defendant or defendants
    56  intentionally selected the person against whom the offense was committed

        A. 4558--B                         14
 
     1  or intended to be committed; or intentionally committed the act or  acts
     2  constituting  the  offense, in whole or in substantial part because of a
     3  belief or perception regarding the race, color, national origin,  ances-
     4  try,  gender,  gender  identity or expression, religion, religious prac-
     5  tice, age, disability or sexual orientation of a person; and
     6    § 25. This act shall take effect on the thirtieth day after  it  shall
     7  have  become  a  law;  provided, however, that sections nineteen through
     8  twenty-four of this act shall take effect on the first of November  next
     9  succeeding the date on which it shall have become a law.
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